Question: We have an excellent single resident in one of our units. She has requested to move a troubled friend with relationship problems in with her for a couple of months. What legalities do I need to consider and what additional and/or new forms do I need to have filled out and signed? Answer: You could have the additional occupant qualify as a resident and sign the current lease as a tenant. This would protect you in the event the occupant remains and the resident moves out. Question: Can a three-day notice be served for the cost of damage to… Read More

Question: I rent a house to a married couple. I have found that they now have a third person living with them. Can I raise the rent, tell them they have to sign a new lease if they want an additional person, or can I say they cannot have additional people in the house since only two people signed the lease? Answer: If your lease restricts the number of occupants and the tenants have exceeded the limit, it is considered a breach of the lease and can be remedied by serving a three-day notice to perform conditions an/or covenants or… Read More

Question: Can I have the resident pay more security deposit to make up the difference from rent increases? Answer: You can unilaterally change the terms of a month-to-month agreement by properly serving a thirty-day notice of change of terms of tenancy. This cannot be done with a fixed-term lease. You would have to wait until the lease expires and then upon renewal ask for a higher or additional deposit. Question: Does a resident have to stay in his apartment for a certain number of days per month in order for his lease to remain in effect? Answer: Not unless the… Read More

Question: One of our tenants is moving out in three weeks. She has refused to allow any prospective tenants to see the apartment. Is there any way we can force her to let us in since the law says we have the right to show it? Answer: You can serve her with a three-day notice to perform conditions and/or covenants or quit requesting that she give you reasonable dates and times for entry. If she fails to comply, an unlawful detainer action can be filed. Question: Three roommates signed the lease. If one roommate pays the rent every month from… Read More

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. Question: If someone owes late charges and NSF check charges, do I give them a three-day notice to pay rent? Answer: The three-day notice to pay rent or quit should only include rent – no late charges. A separate notice to perform covenant for late charges can… Read More

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 three-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: If you state in the month-to-month contract… Read More

Question: If a tenant does not give a 30-day notice of intent to vacate, can the full security deposit be kept by the landlord? Answer: You can only deduct for any unpaid rent up to 30 days from the date the tenant vacated if the tenancy is month-to-month or until the premises are relet, whichever occurs first. 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… Read More

Question: How can we determine if roaches in an 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: If our tenant sublets, and the sublessee defaults in the rent, do I give a notice to the tenant or the sublessee?… Read More

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: I believe that… Read More

Question: A resident is suspected of violating their lease agreement by having an unauthorized occupant and does not want to add that person to the lease. What is the best method of verifying the unauthorized person’s residency? Answer: You should require that they fill out an application and apply for the unit. If they are approved then they should sign the lease. If they refuse, a three-day notice to perform conditions/covenants or quit should be served, and if they still fail to comply, commence the eviction process. Question: We have problems with tenants requesting repairs on the appliances. We inspect… Read More