Question: There was a grease fire in one of our rental units due to a tenant’s lack of knowledge of cooking. What is my obligation to provide alternate accommodations for this tenant? Am I required to keep her as a renter? Answer: You are not obligated to put the tenant up. You may have a right to evict her based upon waste of the unit, which requires a three-day notice to quit.

Question: I rent a garage to two young men under a six-month lease, and I suspect that they are living there. I specifically told them they could use the garage for storage of their personal property only. What can I do? Answer: In California, an owner of rental property can limit the tenant’s use of the property for specific purposes. If the tenant uses the rental for something else, he could be evicted. If you could prove that the tenants were residing in the garage, you could serve them a three-day notice to perform or quit, followed by an eviction… Read More

Question: I am an owner of a duplex, and I suspect my next door neighbor is dealing drugs. I have a six-month agreement with him that is not up for several more months. What can I do? Answer: First, call the police and inform them what you know about the illegal activity. Work with the police to gain enough evidence that will allow you to proceed with an unlawful detainer (eviction). If you can prove the illegal activity, the law allows the owner to serve a three-day notice to vacate. Failure to comply with the notice will give rise to… Read More

Question: We have a tenant who has been in the unit for one year and has painted it dark purple. Can I charge the resident for returning the paint color to white when he vacates the unit? Answer: Yes, if you have a lease provision against making alterations without your consent. You can only charge the actual cost of turning the paint from purple back to white. Question: After sending a tenant an itemized disposition of security deposit, (there is a balance due to us), how long must I wait before taking her to court? Should I contact her one… Read More

Question: Under a 12-month lease on a single-family home, if a tenant breaks a window and does not repair it after a week or two, can we take the money out of the next rent payment? Answer: It is better to fix the window, or require the tenant to fix the window with a licensed contractor. If the tenant refuses to pay for or fix the window, serve a three-day notice to perform conditions and/or covenants or quit. If he/she refuses to pay or fix the window in three days, you can commence the eviction.

Question: How can we enforce the entry rules clause in our lease? One of our residents is refusing to show the rental unit to a prospective purchaser of the building. Answer: California’s Civil Code specifically requires residential tenants to allow the landlord to show the rental unit to prospective purchasers and their agents. Failure to comply could lead to an action for unlawful detainer after service of a three-day notice to perform or quit if the resident refused to give reasonable dates and times for the entry.

Question: I am considering selling a duplex I own. Both sides are rented under one-year leases.  A potential buyer said he would need to move into one side of the unit and could not wait for the lease to expire. If there is a sale, doesn’t that terminate any lease I have with the tenants? Answer: A voluntary sale of leased property does not terminate the rental agreement or lease; the new owner steps into the shoes of the former owner and has the same rights and obligations of the former owner.

Question: Is there a mandatory, minimum, type size for leases? Answer: No, but the larger the font size, the better.  Also, if you have an automatic lease renewal provision, it must be in at least 8-point font and bolded.

Question: What are the reasons that a tenant can legally break a lease agreement? Is relocation due to a job change a legal reason to break the lease? Answer: Relocation of a job by a tenant is not a legal reason to break a lease, unless the lease allows for this specific event.

Question: Do I always have to give written notice to our resident before making a repair? They called yesterday, and we simply made an appointment for the plumber to meet them at the property next week. Answer: Normally, you would have to give a written 24-hour notice, but if the tenant and the landlord orally agree to an entry to make repairs or supply services for a specific date and time, and the entry is within one week from the date of the agreement, no written notice is required. Also, in cases of emergency or abandonment, the landlord is not… Read More