Question: I have a tenant who never pays his rent until he receives a three-day notice. We normally serve notices on the eighth of the month even though the rent is due on the first. He is on a one-year lease, and I don’t know my legal rights. Answer: You can try serving him with a three-day notice to pay rent or quit earlier than the eighth of the month. If he fails to make payment within the three-day period, you have the right to refuse the rent and commence eviction proceedings.

Question: While on vacation, my assistant was responsible for serving three-day notices to pay rent or quit in the apartment community we manage. She forgot to sign the notices. Is this a fatal defect? Answer: California law does not specifically require the manager or owner to sign notices served on tenants. While signing is the recommended practice, an unsigned notice should still be held to be sufficient.

Question: One of our tenant’s dogs is constantly barking and growling at anyone who passes by their apartment. It has scared many of the other residents, and they have complained numerous times. I have explained that the lease allows pets. What can I do? Answer: If the dog is disturbing other residents and is not being properly restrained, it probably is a violation of your lease if it contains a clause requiring tenants to refrain from unreasonable annoyances or disturbances. If this is the case, you could enforce the lease through a notice to perform or quit. It is also… Read More

Question:  A tenant reported a broken refrigerator at 10 a.m. Monday. We replaced the refrigerator at 6 p.m. Wednesday in the same week. Now, the tenants want us to pay for the spoiled food. Should we? Answer: You would only be liable if the tenant could prove you were negligent in maintaining, purchasing or repairing the refrigerator. Landlords are not guarantors or insurers of the tenant’s personal property.

Question:  I received a judgment against my tenant for past-due rent and costs of the suit. How do I collect the judgment? How long is it in effect? Do I have to take the tenant back to court to collect? Answer: Once you receive a judgment for money, California law allows owners of judgments to garnish wages, levy on bank accounts or other non-exempt personal property and conduct judgment-debtor examinations in court to locate assets or wages. The judgment is good for 10 years and can be renewed if the court is convinced that you have diligently pursued collection of… Read More

Question: My understanding is that unlawful detainer actions remove the tenant from a specific rental unit. My contention is that the tenant is also not allowed anywhere on the premises of the common areas of the premises after an eviction. Frequently, the evicted tenant hangs around the premises and causes additional problems out of spite. What can be done, and what are my legal rights as an owner? Answer: If an evicted tenant returns to the common area of the rental property without invitation by any of the current residents, or without your permission or consent, he or she is… Read More

Question:  My renter was backing downstairs carrying a 38-pound bag of clothes and fell and broke her wrist. Can I be sued and a judgment obtained against me? Answer: You would only be liable if you were negligent in the way you maintained the stairs and your negligence was a proximate cause of the injury. You should notify your insurance carrier as soon as possible.

Question: Our tenants were supposed to move out in two weeks. However, the house they were moving into is not completed and they need to stay for another 15 days. I have no problem with this, but my question to you is what if they do not vacate on time? Answer: You should have them sign an extension of their lease so if they fail to vacate you can immediately proceed with an action for unlawful detainer.

Question: A husband, wife and three children reside in an apartment. The husband was granted a restraining order, preventing the wife from living in the unit. The wife is now requesting a copy of the lease. Should we officially remove her name? Answer: No, but you should give her a copy of the lease. You should also have a copy of the restraining order and, if accurate, not allow her access to the unit.

Question: I suspect there are at least five people living in a one-bedroom apartment in one of our units.  The lease only allows three persons, and they have not paid rent. I want to serve a three-day notice to pay rent or quit, but I do not know all of their names. What should I do? Answer: If you serve a three-day notice, address it to the occupants for which you have the names and also to “all others in possession.” If they pay the rent, however, you may have agreed to the additional people living there. If you do… Read More