News: rent

Filter

Question: I rent a house to a married couple. I have found that they now have a third person living with them. Can I raise the rent, tell them they have to sign a new lease if they want an additional person, or can I say they cannot have additional people in the house since only two people signed the lease? Answer: If your lease restricts the number of occupants and the tenants have exceeded the limit, it is considered a breach of the lease and can be remedied by serving a three-day notice to perform conditions an/or covenants or… Read More

Tagged:

Question: Can I have the resident pay more security deposit to make up the difference from rent increases? Answer: You can unilaterally change the terms of a month-to-month agreement by properly serving a thirty-day notice of change of terms of tenancy. This cannot be done with a fixed-term lease. You would have to wait until the lease expires and then upon renewal ask for a higher or additional deposit. Question: Does a resident have to stay in his apartment for a certain number of days per month in order for his lease to remain in effect? Answer: Not unless the… Read More

Tagged:

Question: One of our tenants is moving out in three weeks. She has refused to allow any prospective tenants to see the apartment. Is there any way we can force her to let us in since the law says we have the right to show it? Answer: You can serve her with a three-day notice to perform conditions and/or covenants or quit requesting that she give you reasonable dates and times for entry. If she fails to comply, an unlawful detainer action can be filed. Question: Three roommates signed the lease. If one roommate pays the rent every month from… Read More

Tagged:

Question: If a guest causes problems or damages the property, what is my recourse? Answer: The tenant is responsible to pay for the repair of any damage caused by their guest’s negligence or intentional act.  If they fail to pay, a three-day notice to perform conditions and covenants or quit can be served. Question: If someone owes late charges and NSF check charges, do I give them a three-day notice to pay rent? Answer: The three-day notice to pay rent or quit should only include rent – no late charges. A separate notice to perform covenant for late charges can… Read More

Tagged:

Question: A couple moved into our rental unit one month ago. Since they moved in, we have received eight complaints from the neighbors, who are now at the point of wanting to vacate because of these complaints. What should I do? Answer: If the disturbances are major and continuous, the court may grant an eviction based upon a three-day notice to quit, but the disturbances to the quiet enjoyment of the neighboring property must be severe, and there must be witnesses to prove your case in court if the case is contested. Question: If you state in the month-to-month contract… Read More

Tagged:

Question: If a tenant does not give a 30-day notice of intent to vacate, can the full security deposit be kept by the landlord? Answer: You can only deduct for any unpaid rent up to 30 days from the date the tenant vacated if the tenancy is month-to-month or until the premises are relet, whichever occurs first. Question: I have signed a lease for one year with a tenant, and now he wants to leave after four months. What is my recourse? Answer: The tenant is responsible for the rent up to the date the lease expires or the date… Read More

Tagged:

The California Apartment Association has stopped legislation that would have forced property owners to rent to Section 8 voucher holders. SB 1053 by Sen. Mark Leno, D-San Francisco, would have made it unlawful to deny housing based on an applicant receiving Section 8 assistance. On Friday, the bill failed to move out of the Senate Appropriations Committee, effectively ending its chances of becoming law. CAA strongly encourages members who have the resources to accept Section 8 vouchers. Moreover, the Association will continue working with local housing authorities to ensure the program is efficient and effective, enticing more landlords to participate.… Read More

Tagged:

The California Apartment Association has urged the state Legislature to stop providing funding for defense attorneys to help evicted tenants drag out the unlawful-detainer process. The practice has occured for several years under a state law that CAA believes should expire in 2017. Under the Sargent Shriver Civil Counsel Act, defense attorneys receive money from the state to represent low-income Californians in a variety of legal areas, from evictions to custody disputes. Since 2011, the Legislature has spent $9.5 million annually on the program in seven areas across the state. While the concept is laudable, it’s rife with abuse when… Read More

Tagged:

Starting June 16, many owners of  multifamily housing in Santa Rosa will face a 3 percent cap on rent increases. The council preliminarily approved the 45-day measure May 10 and ratified it May 17, despite fierce opposition from the California Apartment Association North Coast. Hundreds of rental owners opposed the measure through letters, emails and phone calls. Members and staff testified against the moratorium at council meetings, saying it would hurt small businesses and drive a wedge between property owners and the city. Click here to see video of testimony against the moratorium. Renter advocates said it will  keep rents… Read More

Tagged: North Bay

Question: How can we determine if roaches in an apartment were the result of bad housekeeping? Is it our responsibility to get rid of the roaches? Answer: Ask your pest control professional to give his or her opinion on how the roaches came into the apartment unit. The court will rely heavily on expert testimony in these cases. If you can prove the tenant was responsible for the infestation, they are responsible for the cost of removal. Question: If our tenant sublets, and the sublessee defaults in the rent, do I give a notice to the tenant or the sublessee?… Read More

Tagged: