Question: At what point does my property require an onsite resident manager? Answer: If your property has 16 units or more, you are required to have a person onsite who represents the owner. Question: A resident at my property was taken to the hospital and passed away. Since the lease requires a 30-day notice, what is the law as far as reimbursement of the deposit?

Question: Can an owner/property manager require that a tenant secure renters insurance? Answer: Yes, to protect the property and assets, landlords can require the tenant obtain renters insurance as a covenant and condition of the lease. Question: We evicted one of our tenants and obtained a monetary judgment. Now we find that they have moved to Arizona. Can I collect against them since they moved out of state?

Question: Am I entitled to use a deceased tenant’s security deposit? Answer: You are entitled to use a deceased tenant’s security deposit to cover unpaid rent, pay for damage beyond normal wear and tear, and to perform necessary cleaning to the unit.

Question: One of my tenants has notified me that she has filed for bankruptcy. She has not paid her rent this month. Can I proceed with an eviction? Answer: Once a tenant files for bankruptcy, he or she will be entitled to an automatic “stay” of any legal proceedings against him or her. This includes an unlawful-detainer action.  You will be required to file a motion for “relief from stay” before serving any notices or bringing an eviction action.

Question: We have a limited number of parking spots in our apartment community, so we decided to limit the parking to residents only. Is this legal? Answer: Yes, you may restrict parking at your apartment complex to residents only. Make sure you have complied with the requirements of Vehicle Code Section 22658 so that unauthorized vehicles can be towed according to the rules of the code section. Also, be sure that your lease or rules have been appropriately modified so that this policy is enforceable as a condition of tenancy.

Question: I have an ongoing unlawful detainer against one of my tenants, but he is continuing to create a disturbance at the property. Is there any way that the unlawful detainer can be expedited? Answer: Unfortunately, no. However, a restraining order may be available in extreme cases. If the tenant is engaging in a serious or criminal disturbance, call the police.

Question: I had to go through an eviction to regain possession of one of my rentals. I also received a judgment for the rent, court costs and my attorneys’ fees. How can I collect this judgment? Do I have to go back to court? Answer: The law provides for a variety of ways to collect the judgment. Wage garnishments, bank levys, attachment of personal property and judgment debtor examinations are formal ways to collect monetary judgments.  Of those listed, a bank levy is the most effective way to collect a judgment. Receiving accurate information on the rental application allows optimal… Read More

Question: Are e-mail communications between tenant and landlord admissible in court? Answer: Yes, e-mails can be allowed into evidence, but cannot be used to serve notices.  

Question: The lease for one of my tenants expires at the end of this month. He told me to take the month’s rent out of his security deposit because he would leave the apartment clean and in good repair. He told me since it is his deposit, he has the right to deduct rent out of the deposit. What should I do? Answer: California law requires the owner or manager to account for the use of the deposit no later than 21 days from the date the tenant vacated the unit. Since the tenant has failed to pay rent, a… Read More

Question:  I have a tenant who is on a long-term lease. Recently, however, the tenant brought in a roommate and has been out of town for over 30 days.  I am concerned that the roommate intends on staying and that my original tenant may have moved out for good. What are my legal options? Answer: If you have a clause in your lease which prohibits the assignment or sublet of your lease agreement, you do not have to consent to the roommate. You could ask the roommate to fill out an application to rent and thereby identify who the roommate… Read More