Question: I have tenants who have a written rental agreement for their apartment. They pay $785 per month. They also rent the garage at $50, but there is no written agreement for the garage, either separately or in the rental agreement. If we give the tenant a three-day notice to pay at $835, would it be enforceable in court? Answer: Since the terms of the garage rental are unclear, it would be safer to serve two three-day notices, one for the apartment rent and one for the garage rent. They could be served simultaneously. Question: I have a tenant who… Read More

Question: A tenant claims her attorney told her that since she did “quit” after we gave her the three-day notice, she is not responsible for the balance of the rent for that month.  Is she correct? Answer: Her attorney is wrong. Even if a tenant “quits” pursuant to a notice to perform or quit, the tenant is still liable for lost future rent. Question: Is the legal age for leaseholders over 18 or over 17? Answer: The legal age to contract in California (including leases) is 18 or over. However, if the under age person is “emancipated” (is or has… Read More

Question: At my property, we are currently doing renovations, and have notified all the residents that there will be noise and water shutoffs.  One resident said they are entitled to rent discounts because of the situation, is it true? Answer: There is no “automatic” reduction in rent allowed for temporary shutoff of water, and/or noise created by renovation or routine maintenance. Question: We rent a house to a family.  My husband helped the tenant move a washing machine into the laundry room and noticed that the tenant’s defective hoses had leaked water onto the sheetrock. We want to have the… Read More

Question: I need to know the depreciation schedule of new carpeting in a home where the tenant lived for one year. The tenant put five cigarette burn holes in the carpet and spilled wax on the corner of this brand new carpet. Answer: California’s security deposit law found in Civil Code Section 1950.5 states that the resident is responsible for damage above normal wear and tear. If the carpet needs to be replaced after one year and it should have lasted for five years, most judges will allow you to charge the resident 4/5 of the total replacement costs. Question:… Read More

Question: We allow pets on our property but only in certain units.  Sometimes there are no pet units available. Is this policy legal? Answer: It is in the landlord’s discretion to allow or not allow pets or to allow them only in certain units. Just make sure your policy does not apply to assistive animals which are not considered pets. Question: A tenant’s child broke a glass shower door. Can I charge the tenant for the repair of the door? Answer: The tenant is liable for any damage done by its invitees, guests or other occupants of the premises. The… Read More

Question: What is an estoppel certificate? The owner of the property I manage requested that each of the tenants sign an estoppel certificate. I did not want to appear unknowledgeable. Answer: An estoppel certificate is a document signed by the tenant certifying that the major terms of the lease are true and correct. Estoppel certificates are sometimes required during the sale of rental property so the buyer knows that the tenant understands and agrees to the major terms of the lease. Question: Can we legally restrict the number of automobiles our tenants can park on the property? There is open… Read More

Question: Several of our tenants have complained to us about the neighboring property. The people who live there work on their cars in the driveway at all hours and have loud and wild parties almost each weekend until dawn. What are my legal responsibilities? Answer: You have a right to inform the owner of the neighboring property and request their assistance in resolving the problem. Recommend that your residents contact the police during the time of the disturbances. Question: What is the most useful information on the tenant’s application for collection purposes? Answer: The most useful for locating former residents… Read More

Question: How long should I retain an application that was denied?  How long should the application and the rental agreement be saved after a tenant moves? Answer: The statute of limitations for fair housing cases ranges from six months to five years; the statute of limitations for a written rental agreement is four years. The statute of limitations is the time someone has to file a lawsuit. Therefore, you should keep your application documents a minimum of five years. Question: Can we use a recent Section 8 inspection report as a standard of habitability in an eviction case? Answer: The… Read More

Question: When typing up a new lease, should we use the spelling of the tenant’s name as it appears on the application or on the resident’s driver’s license? Answer: It is important to be consistent on how you spell the tenant’s name in the event legal action is necessary.  It is best to use the name exactly as it appears on the driver’s license and request that the resident fill out the application in a manner consistent with this request. Question: If a one-year residential lease is broken, what becomes of the security deposit? Answer: Once the tenants have vacated… Read More

Question: I have a lease with two male tenants. The lease specifies two occupants only. One of the tenants has a girlfriend who’s spent the night every day of the week for the last month. How do you determine when a guest is an occupant? Answer: Unless the tenant admits to having another person move into the rental unit, you need to prove that they are occupying the unit through circumstantial evidence. Proof of facts such as receiving mail at the premises, coming to and from work on a daily basis, present on weekends, or making requests from management all… Read More