Question: In a co-signer situation, what forms do you recommend that the co-signer sign along with the tenant? Answer: They should sign a separate guarantee agreement that has been reviewed by competent counsel. Question: As resident managers, we are dealing with several tenants in violation of pet rules. In retaliation, they have made false accusations of us entering their apartments without notice. They are now disturbing other tenants with this untruth and questioning our integrity. How can we protect or defend ourselves? Answer:  You can serve a three-day-notice to perform conditions and/or covenants or quit to permanently remove the unauthorized… Read More

Question: My tenant has some damage to the outside window to the house I rent to them. The tenant claims the damage was done by a burglary attempt, but I suspect they locked themselves out and damaged the window when trying to get back in.  Who is responsible for the repair? Answer: Unless proved otherwise, damage to the premises caused by unknown third parties, acts of nature, or unexplainable are the responsibility of the landlord.

Question: How long should we retain old leases at our apartment complex? I have heard two years, is this correct? Answer:  The statute of limitations (the time one has to bring a lawsuit) for written leases is four years. Therefore, leases should be retained a minimum of four years from the date of the vacancy.

Question: How do we get rid of tenants who have filthy units? They always pay on time. Answer: If the condition of a residential tenant’s apartment unit is creating a health or fire hazard, the landlord should take steps to require the hazard be removed, or if necessary, terminate the tenancy and evict. If the condition does not amount to a health or fire hazard, you may elect to serve a 30-day notice to terminate a month-to-month tenancy, or if the lease is a fixed term, do not renew.  If the tenant could have a disability called “hoarding,” you should… Read More

Question: Can residents sit outside their front door and drink beer? Other residents are complaining. Answer: If the outside portion where they are drinking beer is part of the common area of the premises, you can restrict that activity as long as it is restricted for all residents. If it is part of their rented space, you cannot, unless they are causing unreasonable disturbances to other residents. Question: I purchased a rental property two years ago, and the security deposits need to be increased. Most of the deposits are $600 and need to be increased to $900. What is the… Read More

Question: If we personally serve a tenant a notice to enter the unit and we mail them a copy of the notice, how long do I have to wait before entry? Answer: California law requires six days if the notice is mailed only. If served personally or posted on the usual entry door of the premises, a twenty-four hour notice of entry is presumed to be a reasonable time.

Question: When tenants give notice that they will be vacating the residence, is it permissible for me to give them a notice stating that I will be advertising the vacancy and will be showing their apartment? Answer: Unless the tenant agrees to another arrangement, you would be required to give reasonable notice (24 hours) in writing for every entry.

Question: One of our tenants is complaining about the carpet and says it is California law that the carpeting must be changed every seven years. Have you heard of any law on this subject? Answer: California law does not require landlord to replace carpeting, unless the condition of the carpet creates a health hazard or risk of injury.

Question: One of the recent applicants to our apartment community claims he is paid “under the table.”  How do I verify his income? Answer: You really can’t, and because he is committing fraud, you should not consider this a legal source of income. If he fails to otherwise qualify, you can deny his rental application.

Question: My tenants paid an extra deposit for a pet. They gave away the dog after two months. Now they are asking if the pet deposit could be returned. Answer: You do not have to account for the use of the deposit until 21 days from the date they return possession of the premises, so you don’t have to refund any of the deposit.