Question: We normally keep original rental agreements, however, when would a copy not suffice? Answer: The court requires the original unless it is lost; so you have to either produce it or testify under penalty of perjury that the original was lost without fraudulent intent. Court action is the main reason why you should keep originals. Question: One of our tenants had a problem with the garage gate at a complex we manage. Apparently the gate closed on his car without notice. We suspect that what he is telling us is true because we have experienced a similar problem ourselves.  … Read More

Question: We have added a number of clauses to our rules and regulations addendum and wish to have our tenants sign the new form, as well as the CAA addendum about mold. How do I proceed? Answer: If you are on a month-to-month tenancy, you can unilaterally require they abide by the new terms by properly serving a 30-day notice of change of terms of tenancy and attaching the mold addendum to it. If they are on a fixed-term lease, you must wait until the lease expires for them to renew and sign a new lease with the mold language… Read More

Question: I have renters who recently informed me that they are moving. The lease does not end for another six months. Now what happens? Answer: The tenants are liable for the rent up to the date the lease expires or the date the premises are relet, whichever occurs first. You are under an obligation to attempt to relet the premises, in order to hold the former tenants liable. 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 three-day notice to pay rent or quit for… Read More

Question: We are planning on selling a rental house. The tenants said they do not want a lock box put on the front door. Can we do it anyway? Do we still have to give them notice that someone is coming by to see the house? Answer: We do not advise our clients to allow lock boxes because of potential liability. Moreover, California law requires a reasonable written notice be given to the tenants before entering. Twenty four hours is presumed to be a reasonable time. Question: If someone says we cannot enter his unit unless he is present, what… Read More

Question: I have a lease with a tenant that terminates next month, and he has been given notice that the lease is not being renewed. If he does not vacate, do I serve a three-day notice to quit for breach of covenant? Answer: You do not have to serve any notice to quit for a tenant who holds over on a fixed-term lease unless you have an automatic renewal clause in your lease. Question: Is there a state law that requires a landlord to professionally clean a carpet prior to reoccupancy? Answer: No, however, the tenant is obligated to leave… Read More

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 detainer. It requires that all persons who are claiming a right of possession to the subject property to file a response and they will then be added as additional parties (defendants) to the eviction lawsuit. 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 of terms of tenancy. It… 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 offices, the office of HUD, or the Environmental Protection Services (EPA) has pamphlets available. The Protect Your Family from Lead in Your Home pamphlet is available online here. The disclosure form is available here. And a fact sheet regarding the lead disclosure requirements is… Read More

Question: Can I require all overnight guests to register in the office? Answer: Some judges may consider this an unreasonable invasion of the tenant’s right of privacy. It is so far untested in our courts. 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. Document all of the calls and what you said, did and observed. If you can prove illegal activity, commence an unlawful-detainer action. Question: If a resident dies and we discover the body, should… Read More

Question: Is a new owner subject to the pet policy of a previous owner with month-to-month agreements? Answer: Yes, but the terms of a month-to-month agreement can be changed by properly serving a 30-day notice of change of terms of tenancy on the tenant. Question: What is the best way to handle the 31-day month? When a tenant moves in mid-month, is it best to prorate the remaining days until the 31st or is it best to ignore the 31st day and consider all months to be 30 days? Answer: There is no specific law on point so if your… Read More

Question: Is a phone text an official written notice for a 30-day notice? Answer: No, a 30-day notice has to be in writing and physically deliverable to the tenant in person, or by serving another person of suitable age and discretion on their behalf or by posting a copy on the door and mailing a copy. 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 of roommate” form. All adult occupants… Read More