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A pair of California Apartment Association-sponsored bills that would help solve the statewide housing crisis advanced Wednesday from the Assembly Local Government Committee on a unanimous vote. The bills, AB 943 and AB 352 by Assemblyman Miguel Santiago, D-Los Angeles,  would raise the voter threshold for approving no-growth measures and support the development of micro-apartment units, respectively.

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Question: One of our single tenants who was renting a small one bedroom unit recently died. There are still three months remaining on his lease.  What should I do with the security deposit? Answer: A tenancy for a specified term does not terminate on the death of either the landlord or the tenant. Once the executor or administrator of the decedent’s estate returns possession, you should account for the use of the deposit and direct the accounting to the administrator or executor. Question: I understand that if a building contains 16 or more units there must be a resident manager.… Read More

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Question: This month’s rent check from a tenant had a second name printed below the tenant’s name on the upper left corner of the check. If I cash the check for this month’s rent, am I changing the terms of tenancy? Answer: The mere fact that another person is listed on the check does not change the terms of the tenancy. You should inquire about the other person or find other ways to determine if there is an unauthorized occupant, and if so, either have the extra person apply for residency or serve a 3-day notice to perform covenants or… Read More

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Question: What is the best way to say no to an application and avoid a discrimination lawsuit? The prospect’s credit is worse than he said it was, and I want to avoid trouble. Answer: You are required by law to inform the tenant of the reasons in writing for denying the application if the reason was partially or wholly based upon the credit report. The best way to deliver this news is to inform the prospective tenant that if he or she can get the credit history cleaned up, you would be happy to have this person reapply. Reject the… Read More

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One of the longest delays in processing evictions occurs when not all occupants are served personally (hand-to-hand) with the unlawful-detainer summons and complaint. More often than not, the occupants know they must be legally served for the court to award a judgment for possession of the subject property. If they are sophisticated, they know that they can delay the time for the eviction by two to three weeks if they successfully avoid the process server. If the unlawful detainer is not served in person, it can be served on another person who resides at the property or on the person… Read More

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Question: My tenant has verbally notified me that he will be terminating the lease in two weeks and said to use the deposit for the two weeks rent. The contract is a month-to-month and requires 30 days notice. What can I do? Answer: You may consider giving the tenant a three-day notice to pay rent or quit for the rent owed, since a verbal notice has no legal effect. Question: I would be interested in knowing what to do when a resident is demanding a repair be made inside of their apartment, but at the same time is demanding that… Read More

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Question: Upon reading a “Three-Day Notice to Pay Rent or Quit,” I noted the statement, “…plus Owner/Agent may seek to recover an additional punitive award of $600.00 (six hundred dollars) in accordance with California law.” I would like to know the Civil Code Section allowing for this punitive damage. Answer: The code section is California Code of Civil Procedure Section 1174(b). The section allows for up to $600 if you can prove malice. Question: I had a tenant move out several months ago. I returned about $600 of his $1,000 deposit. He disputes all but $50 of the deductions and… Read More

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Question: If we serve a three-day notice and the tenant decides to move out, is the tenant responsible to pay the monthly rent until the apartment is leased? Answer: The tenant is still liable for the rent until the lease expires or the apartment is relet, whichever occurs first even if he vacates pursuant to a three-day notice to perform or quit. Question: I have a tenant who decided not to move in after signing a six-month lease and leaving a deposit. Can I hold her to the lease agreement that she signed? Answer:  Once the tenant has signed the… Read More

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Question: One of our residents threw a wild New Year’s Eve party, causing disturbances to other residents. The police were called, but no arrests were made. They have also been consistently late in paying rent so we have decided to terminate their tenancy. What is the best way of doing this? Answer: If you are on a month-to-month agreement, you can serve the appropriate 30- or 60-day notice (60 if they have been in possession for one year or longer). If not, you would have to prove a breach of the lease or that the disturbances constituted a nuisance which… Read More

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Question: How long does an unlawful detainer judgment stay on the tenant’s record? Answer: As with all judgments, it is valid for 10 years as far as collection goes, but the credit reporting agencies keep this information for seven years. The judgment also accrues interest at 10 percent per annum, and can be renewed for an additional 10 years. Question: I represent an owner of several buildings who has a few tenants that are past due on their rent. Instead of evicting them, he is offering the tenants a payment plan, if they are willing to sign a promissory note… Read More

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