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: 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… Read More

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 0f Terms of Tenancy. It may be served personally, by post and mail, or substituted service and mail. 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… 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 affiliates, the office of HUD, or the Environmental Protection Services (EPA) has pamphlets available. 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… Read More

Question: We have a tenant who has been incarcerated. Her aunt is coming by to remove her personal belongings from the unit before the tenant’s 30-day notice expires. Does the tenant still owe rent for the remainder of the days left on the notice to vacate even though the unit key has been returned to us? Answer: Yes, unless you are able to relet the premises before then. 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.… Read More

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 or roommate” form. All adult occupants of the premises should sign the removal-of-roommate form to avoid potential issues. Question: Is a new owner subject to the pet policy of a previous owner? Answer: Yes, but if the lease is a month-to-month agreement, it can be changed by properly serving a 30-day notice of change of terms of tenancy on the tenant. Question: … Read More

Question: One of our tenants owes us for past due rent and part of his security deposit. He has given us a check for the amount of the rent, but I want to first apply it to the deposit and then serve a three-day notice to pay rent or quit for the unpaid balance. Is that legal? Answer: Yes, but only if the tenant did not designate where the money was to be applied on his check, or other written correspondence. You could avoid the issue by applying the payment to rent and then serving a three-day notice to pay… Read More

Question: When not renewing a one-year lease, do I have to give the tenants a reason for not extending their lease? Answer: California law does not require landlords to give their tenants a reason why they are not renewing the lease, unless the property is situated in a “just cause” rent controlled jurisdiction. Question: How can you enforce the pool rules where someone continuously leaves underage children in the pool area? Answer: This is a safety issue and you should be able to address it. However, it needs to be handled carefully in order to avoid potential claims of discrimination… Read More

Question: I own a fourplex. Unit B has two cars, one is broken down. What kind of demands can I place on B about the broken down vehicle? Answer: You can create a lease term by requiring all vehicles to be in operable condition or they will be towed. To put this into place, you need to either serve a 30-day notice of change of terms to a month to month agreement, or wait until the lease expires and have the new condition in the renewal lease.

Question: In our lease agreements, we require tenants to pay their rent on the first of the month. If the first falls on a holiday, do you have to give the tenants until midnight on the second to pay the rent, or can you still enforce the late fee as of midnight on the first? Answer: Rent is not “legally late” unless one business day has expired from the date the rent is due. So if the first is a weekend or holiday, the rent is not late until the next business day has expired. Question: Can I ban alcohol… Read More