What if the police want info on my residents?

Legal Q&A: What if the police want info on my residents?

May 22, 2014

Question: My tenant has been paying rent but owes for back utilities and late charges. Can I apply the tenants next rent check to outstanding utilities and serve a Notice to Pay Rent or Quit?

Answer: Unless your lease contains specific language designating the order in which tenant obligations are paid, applying a check tendered for rent to other charges is risky. This is especially true if you have a past pattern of applying payments in a certain way. You can recover charges other than rent using a Notice to Perform Covenants or Quit.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: My tenant is evading service of the Unlawful Detainer Summons. I think my resident manager would have better luck at serving the summons. Do you use any problem with that?

Answer: The summons and complaint must be served by an individual over the age of 18 and not a party to the action. It could be argued that your resident manager is a party to the action since they are employed by a party to the action. We recommend that you use a registered process server to serve the summons as it provides you with an added advantage.

Question: I had a police officer visit my rental office and request information such as Social Security numbers, addresses, and birth dates on three of my residents. I told him that I would be unable to provide this information, as it was confidential. Was I correct in denying a law enforcement officer this information?

Answer: You did the right thing. California law protects against the disclosure of an individual’s information, based on the right to privacy. Therefore, if law enforcement is requesting information on a former or current tenant, management must not disclose any information absent a subpoena.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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