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Question: I served a three-day notice on my tenants, and they paid $300 of the $1,050 that was due. Do I have to serve another three-day notice to start the eviction? Should I have accepted payment?

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Signs only required in smoking areas and enclosed parking garages The California Apartment Association has made it easier for landlords to comply with new Proposition 65 “safe harbor” warning requirements, which apply to all California companies with 10 or more employees. This summer, thanks to a new regulation secured by CAA, landlords will be able to use their rental agreements to communicate most Proposition 65 warnings to tenants – a better alternative than the onerous safe harbor under a prior regulation that took effect in August of 2018.  Proposition 65, enacted by voters in 1986, requires businesses with 10 or… Read More

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Question: I have been asked by another property manager if a former tenant of mine caused any problems and if I would rent to him again. I suspected that he was a drug dealer or at least a drug user, but I cannot prove it. What can I tell her?

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Question: My tenant fixes his motorcycle in the living room of his apartment. I have warned him that he did not have a right to use our apartment as an auto repair shop. He says as long as he leaves the apartment clean, he has the right to work on his motorcycle. What should I do?

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Question: Is the procedure for evicting a tenant from a garage any different than for a tenant who lives in a residential unit? Is delivering a notice to a post office box legally acceptable? Answer: The eviction process is the same. The notice should be mailed to the post office box and another copy attached to the door of the garage the same day. Even though it may not be delivered, send another notice via mail, same day to the garage, since the code literally requires mailing and posting to the rented premises. Question: Is there any way to impose… Read More

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Question: We have a one-year lease with a tenant that will expire in four months. If we sell the house now, and the buyer wants to move in, would we be able to break the lease? Answer: The buyer “steps into the shoes” of the seller and the lease is binding upon the new owner. Question: I served a three-day notice on my tenants, and they paid $300 of the $1,050 that was due. Do I have to serve another three-day notice to start the eviction? Should I have accepted payment?

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Question: A new tenant signed a six-month lease. Now, he claims he feels unsafe because of an incident at the property and wants to terminate the lease. The tenant claims he has a 72-hour period to rescind the lease after it is executed. Is this true? Answer: There is no 72-hour right of rescission for residential leases. Question: One of my two tenants on the lease moved out due to a job transfer. The remaining tenant would like to stay and pay the entire amount. Do I need to write up a new lease or simply prepare an addendum stating… Read More

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Question: I served one of my tenants with a 3-Day Notice to Pay Rent or Quit. He did not comply, so I served a 30-Day Notice to Quit. If the tenant does not move out by the 30th day, should I call the sheriff to evict him? Answer: The sheriff will not evict your resident unless you have gone through the unlawful-detainer lawsuit and produced a judgment for possession. You could have filed the unlawful detainer action after the 3-day notice expired; you did not need to give the tenant an additional 30 days.

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Question: I have filed an eviction against one of my residents for failing to pay rent for the last two months. I served the notice on a Saturday, and someone said I had to serve it on a business day. Are they right? Answer: No. A three-day notice for breach of the lease can be served on any day of the week. The tenant has three full days to comply, but the last day of the notice must end on a business day. Question: I recently purchased a triplex, and the escrow will be closing in a couple of days.… Read More

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Question: I have heard five different answers from five different people. Please, tell me what I can legally deduct from my tenant’s security deposit. Answer: Rights and obligations regarding a residential tenants’ security deposit are governed by California Civil Code Section 1950.5. It is clear that you can use the deposit at least for cleaning, delinquent rent and damages above ordinary wear and tear. What is considered ordinary “wear and tear” is subject to a variety of opinions by judges. In order to convince a court that the damages were extraordinary, check-in and check-out records of the condition of the… Read More

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