Question: Our tenants deposit their rent directly into our bank account. This has worked well because we know exactly when the rent has been paid. Now we need to evict for non-payment of rent. Can they still deposit the rent, and if so, have I hurt my case? Answer: Acceptance of rent after an unlawful detainer action (tenant eviction) has been filed is a waiver of the right to evict in most cases. To avoid this possible defense, write your tenant a letter documenting that you are not going to accept any more rent at this time. Periodically check your… Read More

Question: One of our month-to-month residents gave a 30-day notice to vacate the unit, and now it is the 30th day, and he refuses to move. What can I do now? Do I have to serve him with my 30-day notice? Answer: If the tenant’s notice was in writing, the tenant is legally bound to vacate the unit within the 30-day time frame. Failure to do so allows you to immediately file an action for unlawful detainer (tenant eviction).

Question: How does one collect on a judgment against a former resident? Answer: A judgment can be collected in a variety of ways: wage garnishment, bank levy, seizure of non-exempt personal property and sale are the most common. A judgment debtor examination can also be used to locate assets, and if the debtor fails to appear, a warrant can be issued for their arrest.

Question: If the contract says no pets, but does not specify fish, can I stop a tenant from keeping a 150-gallon aquarium? Answer: Fish are considered pets by most judges, so they are violating the lease by having a 150-gallon tank. A small goldfish bowl may not constitute a major breach, but a 150-gallon tank most likely does.

Question: Our tenant’s children put a 6-inch hole in a plaster wall of the house they are renting. The tenant readily admitted that the children “might have been punching the wall a little.” What are our legal options? Answer: You can serve a three-day notice to perform conditions and covenants or quit to require the tenant to pay for the repairs to the wall. If they do not comply with the notice, you should prevail in an eviction.

Question: Is there a clear definition of what constitutes “ordinary wear and tear?” My husband and I are spending day and night trying to clean and repair our once-beautiful home we rented out and need to know how much to charge back to the residents. Answer: There are not many legal guidelines on this issue, so many judges use what they consider a common-sense approach. We advise landlords to seek an opinion from the manufacturer of drapes, carpets, and appliances as to their expected lifetime assuming ordinary wear and tear. If the item needs replacing before that time, you can… Read More

Question: Can you tell me if someone needs any kind of certification or license to manage property in California? I want to hire someone to manage some of my smaller (less than 10 units) buildings. This person will accept rent, give out notices, handle complaints, and supervise maintenance work. Answer: They are required to be a licensed real estate broker in order to manage property in California for a third party. An exception is for a manager who lives on-site.

Question: I have an applicant for an apartment who informed me that she had bad credit because of her ex-husband’s irresponsibility. Her current employer has offered to cosign. Is this a good idea to accept him as a cosigner, and how would this be done? Answer: You should first determine whether or not you are going to have a policy of accepting applicants with bad credit on the condition they have a cosigner, in order to stay within fair housing laws.  You should then decide what criteria the cosigner must meet, such as credit history, income, residency in the local… 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: 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 underage person is “emancipated” (is or has been married, in active military duty or by court order), he or she does have the ability to enter into binding contracts and leases.