Question: Is there a clear definition of what constitutes “ordinary wear and tear?” My husband and I are spending day and night trying to clean and repair our once-beautiful home we rented out and need to know how much to charge back to the residents. Answer: There are not many legal guidelines on this issue, so many judges use what they consider a common-sense approach. We advise landlords to seek an opinion from the manufacturer of drapes, carpets, and appliances as to their expected lifetime assuming ordinary wear and tear. If the item needs replacing before that time, you can… Read More

Question: Can you tell me if someone needs any kind of certification or license to manage property in California? I want to hire someone to manage some of my smaller (less than 10 units) buildings. This person will accept rent, give out notices, handle complaints, and supervise maintenance work. Answer: They are required to be a licensed real estate broker in order to manage property in California for a third party. An exception is for a manager who lives on-site.

Question: I have an applicant for an apartment who informed me that she had bad credit because of her ex-husband’s irresponsibility. Her current employer has offered to cosign. Is this a good idea to accept him as a cosigner, and how would this be done? Answer: You should first determine whether or not you are going to have a policy of accepting applicants with bad credit on the condition they have a cosigner, in order to stay within fair housing laws.  You should then decide what criteria the cosigner must meet, such as credit history, income, residency in the local… Read More

Question: I am planning to rent to three adult roommates. I know they all have to fill out separate applications. But, how do I handle the security deposit? Do I ask each tenant for one-third? Answer: You should charge one deposit and not account for it until all tenants vacate. Make this clear in your lease so that if one tenant vacates, it is up to his or her former roommates to get reimbursed.

Question: Is the legal age for leaseholders over 18 or over 17? Answer: The legal age to contract in California (including leases) is 18 or over. However, if the underage person is “emancipated” (is or has been married, in active military duty or by court order), he or she does have the ability to enter into binding contracts and leases.

Question: I heard that if a tenant is using drugs on a property, the landlord can be charged on a drug charge, is this true? Answer: A landlord can be cited for maintaining a drug-related nuisance if he or she does not take reasonable steps to remove the illegal drug activity from the property. The local enforcement agency must first advise the landlord of the nuisance.

Question: We rent garages out to our residents. One of the residents moved a bed and some furniture in the garage, and we believe someone is sleeping there. What can we do to make sure we do not have any issues with the use of the garage as a bedroom? Answer: If you have a separate month-to-month agreement for the garage, you can choose to terminate the garage rental with a 30-day notice, or you can serve a notice to perform conditions or quit if the garage was to be used for storage purposes only. This could be more difficult… Read More

Question: At my property, we are currently doing renovations, and have notified all the residents that there will be noise and water shut-offs. One resident said they are entitled to rent discounts because of the situation, is it true? Answer: There is no “automatic” reduction in rent allowed for temporary shut off of water, and/or noise created by renovation or routine maintenance.

Question: After a tenant moves out and gives their change of address to the post office, how long are the landlords responsible for any correspondence that may still arrive at their former address? Answer: You should let the post office do their job, and if the forwarding address has expired, give it back to the post office and indicate that the person no longer resides at the mailing address. We do not recommend you help accommodate your former tenant by playing “post office.”

Question: I need to know the depreciation schedule of new carpeting in a home where the tenant lived for one year. The tenant put five cigarette burn holes in the carpet and spilled wax on the corner of this brand new carpet. Answer: California’s security deposit law found in Civil Code Section 1950.5 states that the resident is responsible for damage above normal wear and tear. If the carpet needs to be replaced after one year and it should have lasted for five years, most judges will allow you to charge the resident 4/5 of the total replacement costs.