Question: Is there a smoke detector ordinance that requires an owner to perform an annual smoke detector inspection in each unit? If so, what is the purpose of the smoke detector agreement? Answer: California state law does not require an annual inspection of a smoke detector inside a rented unit; however, the owner is responsible to maintain and test smoke detectors in common stairwells or other common property of the apartment community. Tenants are required to notify the owner of an inoperable smoke detector in their unit.

Question: I have a resident who moved in this last month. I have had a lot of noise complaints about him from other residents. I have also issued three warning notices for noise and the cleaning of this patio. He has a one-year lease. What can I do? Answer: If the disturbances rise to the level of a public or private nuisance (major, continuous disturbances to neighbors), then you could serve a Three-Day Notice to Quit based upon the nuisance.

Question: My question concerns residents who deposit their check in the rent drop box after the due date. The lease provides that rent is due on the first and if it is not received by the fourth it is considered late, and a $25 late fee is imposed. On the morning of the fifth, the rent drop is emptied and any checks received after that time are deemed to be late. Each month there are a few residents who put an earlier date on the rent check and drop it in after the fourth. How should we respond to this… Read More

Question: If a friend of a tenant appears to be living in the apartment, is there a time limit which allows me to compel the guest to fill out an application to be added to the rental agreement? Can the tenant have guests stay as long as they want? Answer: If your lease prohibits subletting or assignment of the lease, or if your lease restricts the occupants to those named in the lease, the tenant could be in violation. You would need to prove that the person really moved in and was not just a guest. Question: I do not… Read More

Question: Our tenants deposit their rent directly into our bank account. This has worked well because we know exactly when the rent has been paid. Now we need to evict for non-payment of rent. Can they still deposit the rent, and if so, have I hurt my case? Answer: Acceptance of rent after an unlawful detainer action (tenant eviction) has been filed is a waiver of the right to evict in most cases. To avoid this possible defense, write your tenant a letter documenting that you are not going to accept any more rent at this time. Periodically check your… Read More

Question: One of our month-to-month residents gave a 30-day notice to vacate the unit, and now it is the 30th day, and he refuses to move. What can I do now? Do I have to serve him with my 30-day notice? Answer: If the tenant’s notice was in writing, the tenant is legally bound to vacate the unit within the 30-day time frame. Failure to do so allows you to immediately file an action for unlawful detainer (tenant eviction).

Question: How does one collect on a judgment against a former resident? Answer: A judgment can be collected in a variety of ways: wage garnishment, bank levy, seizure of non-exempt personal property and sale are the most common. A judgment debtor examination can also be used to locate assets, and if the debtor fails to appear, a warrant can be issued for their arrest.

Question: If the contract says no pets, but does not specify fish, can I stop a tenant from keeping a 150-gallon aquarium? Answer: Fish are considered pets by most judges, so they are violating the lease by having a 150-gallon tank. A small goldfish bowl may not constitute a major breach, but a 150-gallon tank most likely does.

Question: Our tenant’s children put a 6-inch hole in a plaster wall of the house they are renting. The tenant readily admitted that the children “might have been punching the wall a little.” What are our legal options? Answer: You can serve a three-day notice to perform conditions and covenants or quit to require the tenant to pay for the repairs to the wall. If they do not comply with the notice, you should prevail in an eviction.