Question: One of our tenant’s guests broke a window of the recreation room by throwing a ball through it. The host tenant claims he should not be responsible because the damage occurred outside the apartment and while they were playing catch in the common area. My tenant also refuses to give me the name or any information about his guest who caused the damage. What can I do? Answer: In California, tenants are liable for the negligence of their guests while on the premises. The premises not only includes the actual rented unit, but the common area as well. Therefore… Read More

Question: We served a three-day notice to pay rent or quit. What is the latest date we could start an unlawful detainer without our three-day notice “becoming stale” and having to be re-served? Answer: It depends on the facts of any given case, but the longer you wait, the more of an argument you are giving the tenant. I would, in general, not wait more than one week. Question: There is a very loud tenant in the apartment building across the alley from our rental. I have asked them to quiet down on numerous occasions and have even called the… Read More

Question: Our tenants have just informed us via telephone that their rent check will bounce, they don’t plan to cover it, and they intend to vacate the premises by the end of this month. They want us to use the majority of their security deposit as last month’s rent. If we don’t give a three-day notice to pay or quit and proceed with an eviction, are we leaving ourselves more vulnerable? Answer: If you do not proceed with a three-day notice followed up by an eviction, you could find that the tenants decide to change their minds and not move… Read More

Question: Our tenant gave us a 30-day written notice to terminate her tenancy. She moved out 10 days after serving the notice and claims she only owes rent up to the day she left.  Answer: She is liable up to the date the 30-day notice expires or you relet the premises, whichever occurs first.  You are required to attempt to find a new resident to hold the tenant liable. Question: I have a maintenance worker who was terminated and was given seven days to vacate his apartment. He has not left, and I would like to know if I need… Read More

Question: I had a tenant move out several months ago. I returned $600 of his $1,000 deposit.  He disputes all but $50 of the deductions and has threatened to sue me. He also has not cashed the refund check. How long does he have to sue me? Answer: In California, the statute of limitations determines the time that you must bring suit to legally enforce a claim. For written agreements, it is four years from the time of the breach. For oral agreements, he statute of limitations is two years from the time of the breach. Question: I rented to… Read More

Question: If you give residents a 60-day notice of termination of tenancy and they do not pay their rent for that month, is it OK to give them a three-day notice to pay or quit? The three-day notice does not void the 60-day notice, does it? Answer: You can serve them with a three-day notice to pay rent or quit, and if they fail to comply, start the unlawful detainer action. Just make sure you do not ask for rent that goes beyond the 60-day notice period. Question: I would be interested in knowing what to do when a resident… Read More

Question: One of our residents brought in a roommate without my permission or consent. We have a clause in our lease prohibiting assignments or sublets of the lease. How do I prove the tenant is in violation of the lease? Answer: In many cases, it is difficult to prove because many times the claim is that they are just overnight guests. However, if there is enough circumstantial evidence, such as receiving mail at the premises, traveling to and from work, using the laundry and other facilities regularly, you will have enough proof to satisfy most judges. Question: If we serve… Read More

Question: Please tell me the law on roommates and the return of security deposits when only one vacates the unit. Answer: Unless you provide otherwise in your lease, you do not release the deposit until after you regain possession of the unit.  It is up to the roommates to figure out who gets what as they are “jointly and severally” liable for the performance of the lease. Question: I have several tenants who have damaged their units. What can I charge?  Answer: You can charge for the actual out-of-pocket costs, as well as labor. If you do it yourself, you… Read More

Question: I am renting a single-family dwelling to three individuals, each of whom submitted a separate application but want to all be listed on the rental agreement. How do I fill out a month-to-month agreement? Answer: Have them all sign the same agreement. That way, they would be jointly and severally liable under the lease. Question: Several weeks ago, during a wind storm, a large tree fell on my tenant’s car. The tenant thinks I am responsible for the damages, but my insurance company says I am not. Answer: Unless you were negligent in the way you maintained the tree,… Read More

Question: I purchased a building in which two of the three tenants do not have a deposit on file. Can I require a deposit for continuing tenancy? Answer: If their lease agreement is month-to-month as opposed to a fixed-term lease, you can serve a 30-day notice changing the terms of the tenancy to require a deposit. If it is residential, your limit is twice the amount of the monthly rent if the unit is unfurnished. Question: New tenants signed our lease and paid the first month’s rent. Now they want to get out of the lease.  They did not take… Read More