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Question: Can I keep a security deposit if the tenant moves out and does not give me a written 30-day notice?
Answer: Not automatically. You can deduct from the security deposit unpaid rent from the time of the move out until thirty days are up, or until the premises are relet, whichever happens first, provided you use due diligence to relet the premises.
Question: I took a $300 deposit from a tenant to hold an apartment pending a credit check. The credit check came in and I declined the application. How long do I have to return the money?
Answer: … Read More
Question: How can we enforce the entry rules clause in our lease? One of our residents is refusing to show the rental unit to a prospective purchaser of the building.
Answer: California’s Civil Code, among other permitted uses, specifically requires residential tenants to allow the landlord to show the rental unit to prospective purchasers and their agents. Failure to comply could lead to an action for unlawful detainer after service of a three-day notice to perform or quit if the resident refused to give reasonable dates and times for the entry.
Question: I have a tenant who is driving everyone… Read More
Tagged: ColumnsComplianceLegal Q&A
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
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
Question: If one tenant moves from one unit to the other unit within one building, can I deduct the security deposit to cover the damages and fix-up for the old unit, then ask them to redeposit the amount of money to make up the security deposit for the new unit?
Answer: Yes, and hopefully your lease clarifies this right. If the tenant fails to pay, you can serve a three-day notice to perform conditions and covenants or quit.
Question: I have recently purchased a 20-unit apartment building. Must I have an apartment manager on site 24 hours a day,… Read More
Question: I have a tenant who caused a fire in an apartment which resulted in a substantial amount of damage. The fire department concluded the tenant was at fault. Can he be liable for my deductible? And, can I take it out of his deposit?
Answer: Yes, in fact he is responsible for all losses suffered (your insurance company may want to pursue him).
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… Read More
Tagged: ColumnsComplianceFAQsLegal Q&A
Question: Can I give a rent increase anytime during the month or just on the first day of the month?
Answer: If you have a month-to-month tenancy with the tenant, you can serve a written 30-day notice (or 60-day notice if you are increasing the rent more than 10 percent within the last 12 months) to increase the rent at any time of the month.
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… Read More
Question: How long do I have to mail the tenant the itemized security deposit?
Answer: You need to send an accounting for the use of the security deposit within 21 days from the date you took back possession. If you do not have all of the amounts or receipts in time, you should give the tenant an estimate and then send the final amount within 14 days after you receive the final amounts and/or receipts.
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.… Read More
Question: I have a prospective tenant whose company will pay his rent as a perk to his job. Who must sign the lease?
Answer: It is our strong advice to have both the company and the individual sign the lease. If the employment is terminated, you would have a stranger in your unit without a signed lease.
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… Read More
Question: After a 60-day notice expires, can I change the locks and have the resident’s belongings removed?
Answer: No, you must go through the eviction process if they did not comply with the 60-day notice. In
any case, before you act, you should consult with an attorney.
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… Read More
Tagged: Legal Q&A