Question: I have an ongoing unlawful detainer against one of my tenants but he/she is continuing to create a disturbance at the property. Is there any way that the unlawful detainer can be expedited? Answer: Unfortunately, no.  However, a restraining order may be available in extreme cases. If the tenant is engaging in a serious or criminal disturbance, call the police.

Question: The lease for one of my tenants expires at the end of this month. He told me to take the month’s rent out of his security deposit because he would leave the apartment clean and in good repair. He told me since it is his deposit, he has the right to deduct rent out of the deposit. What should I do? Answer: California law requires the owner or manager to account for the use of the deposit no later than 21 calendar days after the tenant vacates the unit. The law also provides that the deposit shall not be… Read More

Question: Someone told me that if a resident is committing a crime on the premises, they can be evicted in three days. I have never heard of this law, and I rent to someone I suspect is dealing in drugs. Can you tell me more about it? Answer: California law does allow an owner or manager of rental property to serve a three-day notice to quit the premises based upon the commission of an illegal act on the property. The illegal conduct must, however, relate to the rented property. If your tenant was dealing with or possessed illegal drugs on… Read More

Question: After a lease expires and it is month-to-month, how much notice must a tenant give me in order to legally terminate the lease?  He says one week. Is this true? Answer: In California, 30 days or 60 days written notice is required to terminate a month-to-month tenancy and can be served by either party at any time during the tenancy.  If all of the tenants have been in possession for one year or longer, you must serve a 60-day notice.  Keep in mind the tenant can also serve a 30-day notice notwithstanding how long they have resided in the… Read More

Question:  I have a tenant that I strongly believe is selling and using drugs.  What actions can I take without having any evidence? Answer: In order to use the illegal drug activity as a basis for eviction, you have to prove that the drug activity is going on; otherwise if you are on a month-to-month tenancy, you can serve a 30- or 60-day notice without cause unless you are in a rent controlled area. You should also call the police.

Question: I had to go through an eviction to regain possession of one of my rentals. I also received a judgment for the rent, court costs and my attorneys’ fees. How can I collect this judgment? Do I have to go back to court? Answer: The law provides for a variety of ways to collect the judgment. Wage garnishments, bank levys, attachment of personal property and judgment debtor examinations are formal ways to collect monetary judgments. Of those listed, a bank levy is the most effective way to collect a judgment. Receiving accurate information on the rental application allows optimal… Read More

Question:  We have a tenant who has been provoking other tenants so we gave her a 30-day notice. She is now very angry and has flooded her apartment and the three apartments below her by inserting a roll (still on the spool) of toilet paper into her toilet and then flushing the toilet over and over. What can we do? Answer: You can serve a three-day notice to quit based upon this activity. If she fails to vacate in three days, the court eviction can commence, and you would not have to wait for the thirty-day notice to expire. You… Read More

Question: The lease for one of my tenants expires at the end of this month.  He told me to take the month’s rent out of his security deposit because he would leave the apartment clean and in good repair. He told me since it is his deposit, he has the right to deduct rent out of the deposit. What should I do? Answer: California law requires the owner or manager to account for the use of the deposit no later than 21 days from the date the tenant vacated the unit. Since the tenant has failed to pay rent, a… Read More

Question: One of our tenant’s guests broke a window of the recreation room by throwing a ball through it. The host tenant claims he should not be responsible because the damage occurred outside the apartment and while they were playing catch in the common area. My tenant also refuses to give me the name or any information about his guest who caused the damage. What can I do? Answer: In California, tenants are liable for the negligence of their guests while on the premises. The premises not only includes the actual rented unit, but the common area as well. Therefore… Read More

Question: We served a three-day notice to pay rent or quit. What is the latest date we could start an unlawful detainer without our three-day notice “becoming stale” and having to be re-served? Answer: It depends on the facts of any given case, but the longer you wait, the more of an argument you are giving the tenant. I would, in general, not wait more than one week. Question: There is a very loud tenant in the apartment building across the alley from our rental. I have asked them to quiet down on numerous occasions and have even called the… Read More