Question: I have a former tenant who claims that, since she had a one-year lease, she is not obligated to give a 30-day notice. Is this true? Answer: There is no statutory requirement that a 30-day notice of non-renewal be given during a fixed-term lease, but if the lease requires a notice of non-renewal and she fails to give one, she is in breach of the lease and can be liable for any losses you suffer as a result. Question: Can an apartment community charge a monthly pet rent and pet deposit to have a pet? Answer: Yes, so long… Read More

Question: If I gave a resident a 30-day notice of rent increase which ends on the 10th of the following month, can I charge the resident pro-rated rent for the first nine days at the daily rental value before the rent increase and the other 21 days at the daily rental value of the increased amount? Answer: Yes, the rent increase is effective 30 calendar days from the date of service of the increase. The notice has to be for 60 days if the rent increase is more than 10 percent from what it was one year before. Question: Is… Read More

Question: Must three-day notices to pay rent or quit be served to all delinquent tenants at the same time? We manage a large apartment community and sometimes have a multiple of notices to serve. Answer: California law does not require that you serve three-day notices to all delinquent residents at the same time. It is a good idea to do so, however, in order to avoid the appearance of favoritism or discriminatory conduct. Question: Our tenants have a one-year lease. They gave me a 30-day notice of intent to vacate two months short of the one-year lease expiration. What should… Read More

Question: One of my residents recently had her phone line repaired.  The telephone company charged her $60. She did not notify us of the problem before ordering the repair.  We could have made the repair ourselves at much less cost. The tenant wants me to pay the bill. What do you think? Answer: California law deems owners of rental property responsible for the inside wiring to the property. However, tenants must first give landlords notice of a needed repair and provide a reasonable time to make the repair before undertaking a self-help action. You shouldn’t have to pay more than… Read More

Question: We lease out a condominium and do not wish to renew the lease when it expires. Should we give a 90-, 60- or 30-day notice? What form should we use to terminate the lease? Answer: California law does not require any notice prior to a fixed-lease expiration. However, examine your lease since many leases do require a notice of intent of non-renewal. Typically, they are for 30 days. It is always a good idea to communicate your intentions to your tenants as early as possible and document the communication. Question: Can you tell me if someone needs any kind… Read More

Question: I am planning to rent to three adult roommates. I know they all have to fill out separate applications. But, how do I handle the security deposit?  Do I ask each tenant for one-third? Answer: You should charge one deposit and not account for it until all tenants vacate. Make this clear in your lease so that if one tenant vacates, it is up to his or her former roommates to get reimbursed. Question: I have reason to believe that a single tenant has moved out from my rental property and has an arrangement with a third-party couple now… Read More

Question: I have tenants who have a written rental agreement for their apartment. They pay $785 per month. They also rent the garage at $50, but there is no written agreement for the garage, either separately or in the rental agreement. If we give the tenant a three-day notice to pay at $835, would it be enforceable in court? Answer: Since the terms of the garage rental are unclear, it would be safer to serve two three-day notices, one for the apartment rent and one for the garage rent. They could be served simultaneously. Question: I have a tenant who… Read More

Question: A tenant claims her attorney told her that since she did “quit” after we gave her the three-day notice, she is not responsible for the balance of the rent for that month.  Is she correct? Answer: Her attorney is wrong. Even if a tenant “quits” pursuant to a notice to perform or quit, the tenant is still liable for lost future rent. Question: Is the legal age for leaseholders over 18 or over 17? Answer: The legal age to contract in California (including leases) is 18 or over. However, if the under age person is “emancipated” (is or has… Read More

Question: At my property, we are currently doing renovations, and have notified all the residents that there will be noise and water shutoffs.  One resident said they are entitled to rent discounts because of the situation, is it true? Answer: There is no “automatic” reduction in rent allowed for temporary shutoff of water, and/or noise created by renovation or routine maintenance. Question: We rent a house to a family.  My husband helped the tenant move a washing machine into the laundry room and noticed that the tenant’s defective hoses had leaked water onto the sheetrock. We want to have the… Read More

Question: I need to know the depreciation schedule of new carpeting in a home where the tenant lived for one year. The tenant put five cigarette burn holes in the carpet and spilled wax on the corner of this brand new carpet. Answer: California’s security deposit law found in Civil Code Section 1950.5 states that the resident is responsible for damage above normal wear and tear. If the carpet needs to be replaced after one year and it should have lasted for five years, most judges will allow you to charge the resident 4/5 of the total replacement costs. Question:… Read More