Question: We have a tenant who has been incarcerated. Her aunt is coming by to remove her personal belongings from the unit before the tenant’s 30-day notice expires. Does the tenant still owe rent for the remainder of the days left on the notice to vacate even though the unit key has been returned to us? Answer: Yes, unless you are able to relet the premises before then. Question: What should I do if I suspect drugs are being sold out of one of our apartments? Answer: Call the police and report the incident. Ask the police for further direction.… Read More

Question: Is the “removal of roommate” form still valid even if one roommate does not sign? Answer: If the landlord allows the current tenants to substitute another person for one of the residents, many landlords use a “removal or roommate” form. All adult occupants of the premises should sign the removal-of-roommate form to avoid potential issues. Question: Is a new owner subject to the pet policy of a previous owner? Answer: Yes, but if the lease is a month-to-month agreement, it can be changed by properly serving a 30-day notice of change of terms of tenancy on the tenant. Question: … Read More

Question: One of our tenants owes us for past due rent and part of his security deposit. He has given us a check for the amount of the rent, but I want to first apply it to the deposit and then serve a three-day notice to pay rent or quit for the unpaid balance. Is that legal? Answer: Yes, but only if the tenant did not designate where the money was to be applied on his check, or other written correspondence. You could avoid the issue by applying the payment to rent and then serving a three-day notice to pay… Read More

Question: When not renewing a one-year lease, do I have to give the tenants a reason for not extending their lease? Answer: California law does not require landlords to give their tenants a reason why they are not renewing the lease, unless the property is situated in a “just cause” rent controlled jurisdiction. Question: How can you enforce the pool rules where someone continuously leaves underage children in the pool area? Answer: This is a safety issue and you should be able to address it. However, it needs to be handled carefully in order to avoid potential claims of discrimination… Read More

Question: I own a fourplex. Unit B has two cars, one is broken down. What kind of demands can I place on B about the broken down vehicle? Answer: You can create a lease term by requiring all vehicles to be in operable condition or they will be towed. To put this into place, you need to either serve a 30-day notice of change of terms to a month to month agreement, or wait until the lease expires and have the new condition in the renewal lease.

Question: In our lease agreements, we require tenants to pay their rent on the first of the month. If the first falls on a holiday, do you have to give the tenants until midnight on the second to pay the rent, or can you still enforce the late fee as of midnight on the first? Answer: Rent is not “legally late” unless one business day has expired from the date the rent is due. So if the first is a weekend or holiday, the rent is not late until the next business day has expired. Question: Can I ban alcohol… Read More

Question: Is there a smoke detector ordinance that requires an owner to perform an annual smoke detector inspection in each unit? If so, what is the purpose of the smoke detector agreement? Answer: California state law does not require an annual inspection of a smoke detector inside a rented unit; however, the owner is responsible to maintain and test smoke detectors in common stairwells or other common property of the apartment community. Tenants are required to notify the owner of an inoperable smoke detector in their unit.

Question: I have a resident who moved in this last month. I have had a lot of noise complaints about him from other residents. I have also issued three warning notices for noise and the cleaning of this patio. He has a one-year lease. What can I do? Answer: If the disturbances rise to the level of a public or private nuisance (major, continuous disturbances to neighbors), then you could serve a Three-Day Notice to Quit based upon the nuisance.

Question: My question concerns residents who deposit their check in the rent drop box after the due date. The lease provides that rent is due on the first and if it is not received by the fourth it is considered late, and a $25 late fee is imposed. On the morning of the fifth, the rent drop is emptied and any checks received after that time are deemed to be late. Each month there are a few residents who put an earlier date on the rent check and drop it in after the fourth. How should we respond to this… Read More

Question: If a friend of a tenant appears to be living in the apartment, is there a time limit which allows me to compel the guest to fill out an application to be added to the rental agreement? Can the tenant have guests stay as long as they want? Answer: If your lease prohibits subletting or assignment of the lease, or if your lease restricts the occupants to those named in the lease, the tenant could be in violation. You would need to prove that the person really moved in and was not just a guest. Question: I do not… Read More