Question: If a guest causes problems or damages the property, what is my recourse? Answer: The tenant is responsible to pay for the repair of any damage caused by their guest’s negligence or intentional act. If they fail to pay, a three-day notice to perform conditions and covenants or quit can be served, followed by an eviction.

Question: A couple moved into our rental unit one month ago. Since they moved in, we have received eight complaints from the neighbors, who are now at the point of wanting to vacate because of these complaints. What should I do? Answer: If the disturbances are major and continuous, the court may grant an eviction based upon a 3-day notice to quit, but the disturbances to the quiet enjoyment of the neighboring property must be severe, and there must be witnesses to prove your case in court if the case is contested.

Question: I have signed a lease for one year with a tenant, and now he wants to leave after four months. What is my recourse? Answer: The tenant is responsible for the rent up to the date the lease expires or the date that you re-lease the property, whichever occurs first. You must use due diligence in trying to re-lease the premises.

Question: How can we determine if the roaches in the apartment were the result of bad housekeeping? Is it our responsibility to get rid of the roaches? Answer: Ask your pest control professional to give his or her opinion on how the roaches came into the apartment unit. The court will rely heavily on expert testimony in these cases. If you can prove the tenant was responsible for the infestation, they are responsible for the cost of removal.

Question: I have a two-bedroom apartment rented to two roommates. One roommate always pays the rent on time. The other roommate is habitually late. Can I do an eviction based on a partial payment even though the month is not over? Answer: Both tenants are responsible for the entire amount of the rent so long as they are on the same rental agreement/lease. You should serve a three-day notice to pay rent or quit for the balance of the rent and name both roommates. If they do not comply, commence an unlawful detainer action naming both.

Question: We are terminating a month-to-month tenant who has rented the property for over 15 years. We gave the tenant a 60-day notice and the tenant acknowledged this and initially thanked us for giving them more than 30 days’ notice. Now the tenant is demanding an additional 30 days due to their new residence not being ready in time. We have already made other commitments for the property. We stated we cannot extend more time. The tenant states that they are entitled to the extension because they have rented the property for over 10 years.  Where do we stand? Answer: … Read More

Question: What is the first step to take if I want to evict a renter for non-payment of rent? Answer: You should serve a 3-Day Notice to Pay Rent or Quit for the rent. If they fail to comply, you can start an unlawful detainer action, but make sure not to accept rent after the action is commenced if you want the eviction to go forward. Question: What are we allowed, by law, to charge a tenant as a security deposit? Answer: You are allowed to charge up to twice the amount of the monthly rent as a security deposit,… Read More

Question: Can I give a rent increase anytime during the month or just on the first day of the month? Answer: If you have a month-to-month tenancy with the tenant, you can serve a written 30-day notice (or 60-day notice if you are increasing the rent more than 10 percent within the last 12 months) to increase the rent at any time of the month. Question: I have a tenant who caused a fire in an apartment which resulted in a substantial amount of damage. The fire department concluded the tenant was at fault. Can he be liable for my… Read More

Question: What kinds of changes to the rental agreement require the “change of terms” notice? Answer: Any material change to a month-to-month tenancy requires a written 30-Day Notice of Change 0f Terms of Tenancy. It may be served personally, by post and mail, or substituted service and mail. Question: How long do I have to mail the tenant the itemized security deposit? Answer: You need to send an accounting for the use of the security deposit within 21 days from the date you took back possession. If you do not have all of the amounts or receipts in time, you… Read More

Question: What happens if we rent to someone who is under 18 and is not an emancipated minor? Answer: The lease is voidable because the tenant did not have legal capacity to legally enter into the agreement. Question: Where do I get the lead paint pamphlets? Answer: The California Apartment Association or one of its local affiliates, the office of HUD, or the Environmental Protection Services (EPA) has pamphlets available. Question: What is a prejudgment claim? When should it be used? Answer: A prejudgment claim is a document that can be filed along with the summons and complaint for unlawful… Read More