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Property owners would have to rent to Section 8 voucher holders under legislation proposed by Sen. Mark Leno, D-San Francisco. The California Apartment Association will oppose the legislation, SB 1053, which would make it unlawful to deny housing based on an applicant receiving Section 8 assistance. The voucher program requires that owners and operators abide by federal regulations that differ from state and local laws. Moreover, it forces owners to work with a third party, the local housing agency. Many owners and managers believe that local housing agencies and their complex rules and regulations compromise the performance and financial viability… Read More

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Question: Is a new owner subject to the pet policy of a previous owner with month-to-month agreements? Answer: Yes, but the terms of a month-to-month agreement can be changed by properly serving a 30-day notice of change of terms of tenancy on the tenant. Question: What is the best way to handle the 31-day month? When a tenant moves in mid-month, is it best to prorate the remaining days until the 31st or is it best to ignore the 31st day and consider all months to be 30 days? Answer: There is no specific law on point so if your… Read More

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Question: Is a phone text an official written notice for a 30-day notice? Answer: No, a 30-day notice has to be in writing and physically deliverable to the tenant in person, or by serving another person of suitable age and discretion on their behalf or by posting a copy on the door and mailing a copy. Question: Is the “removal of roommate” form still valid even if one roommate does not sign? Answer: If the landlord allows the current tenants to substitute another person for one of the residents, many landlords use a “removal of roommate” form. All adult occupants… Read More

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Question: New tenants moved in last month. The wife now wants me to take her name off the lease because she is moving out and getting a divorce. They agreed to a one-year lease. What can I do? Answer: You are not legally required to release the wife from liability under the lease. If you do, and the husband is unable to pay or declares bankruptcy, you would not be able to pursue your losses from the wife. Question: One of our tenants owes us for past-due rent, and part of his security deposit.  He has given us a check… Read More

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Question: Our tenant’s lease is up in six weeks. Can we serve a 30-day notice at the beginning of the last month of their lease if we do not want to renew? Answer: Unless your lease requires a 30-day notice of intent not to renew, California law does not require either the tenant or landlord serve a 30-day notice to terminate a fixed term lease. If the tenant remains in possession after the lease expires without the landlord’s permission, an immediate unlawful detainer action can be filed. Question: When not renewing a one-year lease, do I have to give the… Read More

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Question: I own a fourplex. Unit B has two cars, and one is broken-down. What kind of demands can I place on B about the broken-down vehicle? Answer: You can create a lease term by requiring that all vehicles be in operable condition or be towed. To put this into place, you need to either serve a 30-day notice of change of terms to a month-to-month agreement, or wait until the lease expires and have the new condition in the renewal lease. Question: I rented a condominium unit to a couple on a year’s lease. After one month, they had… Read More

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Question: Can I ban alcohol in the pool area? Answer: You can control the common areas of the premises, so you could ban the use of alcohol in the pool area. Question: Do I give a 60-day notice on a month-to-month tenancy for a rent increase of 10 percent? Answer: No, a 30-day notice is all that is required, unless the increase is more than 10 percent of what the rent was one year ago. Question: In our lease agreements, we require tenants to pay their rent on the first of the month.  If the first falls on a holiday,… Read More

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Question: I have tenants who recently divorced. The husband has moved out. Can we take him off the rental agreement? Answer: It is not in your best interest to take him off the lease as he is still responsible for the lease payments even though he moved out. To remove him, you would need to get his permission and consent. Question: Is there a smoke-detector ordinance that requires an owner to perform an annual smoke detector inspection in each unit? If so, what is the purpose of the smoke-detector agreement? Answer: California state law does not require an annual inspection… Read More

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The Los Angeles City Council this week endorsed a plan to have property owners and tenants split the costs of earthquake retrofitting. On Wednesday, the council tentatively approved the proposal on a unanimous vote. The arrangement calls on owners and tenants to share costs of retrofitting equally, which the city attorney’s office will now spell out in an ordinance subject to public comment and approval by the council. The city this past fall put rules in place to seismically retrofit thousands of buildings throughout the city. “This is a deal that’s been a year in the making. And it’s the… Read More

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Question: Does the acceptance of rent from someone who is not on the lease mean I’ve accepted him as a tenant? Answer: Accepting a third-party check does not by itself necessarily indicate that you have accepted this person as a tenant. It is a good idea to indicate that this is being received on behalf of the tenant and does not indicate any tenancy relationship between you and the check writer. Question: I am having a bit of a problem with a repeat visitor on my property. He is a young man who knows a lot of the children who… Read More

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