Question: Under a 12-month lease on a single-family home, if a tenant breaks a window and does not repair it after a week or two, can we take the money out of the next rent payment? Answer: It is better to fix the window, or require the tenant to fix the window with a licensed contractor. If the tenant refuses to pay for or fix the window, serve a three-day notice to perform conditions and/or covenants or quit. If he/she refuses to pay or fix the window in three days, you can commence the eviction.

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 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 am considering selling a duplex I own. Both sides are rented under one-year leases.  A potential buyer said he would need to move into one side of the unit and could not wait for the lease to expire. If there is a sale, doesn’t that terminate any lease I have with the tenants? Answer: A voluntary sale of leased property does not terminate the rental agreement or lease; the new owner steps into the shoes of the former owner and has the same rights and obligations of the former owner.

Question: Is there a mandatory, minimum, type size for leases? Answer: No, but the larger the font size, the better.  Also, if you have an automatic lease renewal provision, it must be in at least 8-point font and bolded.

Question: What are the reasons that a tenant can legally break a lease agreement? Is relocation due to a job change a legal reason to break the lease? Answer: Relocation of a job by a tenant is not a legal reason to break a lease, unless the lease allows for this specific event.

Question: Do I always have to give written notice to our resident before making a repair? They called yesterday, and we simply made an appointment for the plumber to meet them at the property next week. Answer: Normally, you would have to give a written 24-hour notice, but if the tenant and the landlord orally agree to an entry to make repairs or supply services for a specific date and time, and the entry is within one week from the date of the agreement, no written notice is required. Also, in cases of emergency or abandonment, the landlord is not… Read More

Question: I have a tenant who never pays his rent until he receives a three-day notice. We normally serve notices on the eighth of the month even though the rent is due on the first. He is on a one-year lease, and I don’t know my legal rights. Answer: You can try serving him with a three-day notice to pay rent or quit earlier than the eighth of the month. If he fails to make payment within the three-day period, you have the right to refuse the rent and commence eviction proceedings.

Question: While on vacation, my assistant was responsible for serving three-day notices to pay rent or quit in the apartment community we manage. She forgot to sign the notices. Is this a fatal defect? Answer: California law does not specifically require the manager or owner to sign notices served on tenants. While signing is the recommended practice, an unsigned notice should still be held to be sufficient.

Question: One of our tenant’s dogs is constantly barking and growling at anyone who passes by their apartment. It has scared many of the other residents, and they have complained numerous times. I have explained that the lease allows pets. What can I do? Answer: If the dog is disturbing other residents and is not being properly restrained, it probably is a violation of your lease if it contains a clause requiring tenants to refrain from unreasonable annoyances or disturbances. If this is the case, you could enforce the lease through a notice to perform or quit. It is also… Read More