Question: I allowed a tenant to move in and pay the security deposit in several payments. They are not able to make the final payment. What can I do? Answer: You can serve a three-day notice to perform conditions or covenants or quit. If the tenant fails to pay the deposit within three days from legal service of the notice, you can commence the eviction process (unlawful detainer).

Question: A new tenant signed a six-month lease. Now, he claims he feels unsafe because of an incident at the property and wants to terminate the lease. The tenant claims he has a 72-hour period to rescind the lease after it is executed. Is this true? Answer: There is no 72-hour right of rescission for residential leases.

Question: What are the guidelines for landlords regarding bedbugs? One of my tenants moved in and found a bedbug infestation after a week. She claims the unit had them. I maintain there were none and possibly her furniture became infested in storage. Who is responsible? Answer: Liability would fall on the tenant if the landlord can prove there were no bedbugs in the unit prior to the tenant moving in. This could be done with circumstantial evidence such as testimony from the prior tenant. A pest control expert could also be hired to render their opinion as to the cause… Read More

Question: I served one of my tenants with a three-day notice to pay rent or quit. He did not comply, so I served a 30-day notice to quit. If the tenant does not move out by the 30th day, should I call the sheriff to evict him? Answer: The sheriff will not evict your resident unless you have gone through the unlawful detainer lawsuit and produced a judgment for possession. You could have filed the unlawful detainer action after the three-day notice expired; you did not need to give the tenant an additional 30 days.

Question: I have heard five different answers from five different people. Please, tell me what I can legally deduct from my tenant’s security deposit. Answer: Rights and obligations regarding a residential tenants’ security deposit are governed by California Civil Code Section 1950.5. It is clear that you can use the deposit at least for cleaning, delinquent rent and damages above ordinary wear and tear. What is considered ordinary “wear and tear” is subject to a variety of opinions by judges. In order to convince a court that the damages were extraordinary, check-in and check-out records of the condition of the… Read More

Question: A tenant has left a lot of personal property after vacating. How do I know if the value of the items left behind amount to $700? Answer: You can call a third-party appraiser. Alternatively, you can research what comparable items sell for in the community. Remember that it is replacement value, not the cost of purchasing a new item.  Accordingly, online resources such as Craigslist can be used to help substantiate a value assigned to an item.

Question: We evicted one of our tenants and obtained a monetary judgment. Now we find that they have moved to Arizona. Can I collect against them since they moved out of state? Answer: If you have a judgment against a former tenant and they move out of state, you can have the judgment recognized by that state as a valid judgment, which would allow you to proceed to levy against their bank accounts or garnish their wages in the state where they now live.

Question: One of my tenants has notified me that she has filed for bankruptcy. She has not paid her rent this month. Can I proceed with an eviction? Answer: Once a tenant files for bankruptcy, he or she will be entitled to an automatic “stay” of any legal proceedings against him or her.  This includes an unlawful-detainer action.  You will be required to file a motion for “relief from stay” before serving any notices or bringing an eviction action.

Question: I had a police officer visit my rental office and request information such as Social Security numbers, addresses, and birth dates on three of my residents. I told him that I would be unable to provide this information, as it was confidential. Was I correct in denying a law enforcement officer this information? Answer: You did the right thing. California law protects against the disclosure of an individual’s information, based on the right to privacy. Therefore, if law enforcement is requesting information on a former or current tenant, management should not disclose any information absent a subpoena.