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Question: As resident managers, we are dealing with several tenants in violation of pet rules. In retaliation, they have made false accusations of us entering their apartments without notice. They are now disturbing other tenants with this untruth and questioning our integrity. How can we protect or defend ourselves? Answer: You can serve a three-day-notice to perform conditions and/or covenants or quit to permanently remove the unauthorized pets. If you can prove the pets are still there after the notice expires, you can file for unlawful detainer. Question: In assessing a late charge in a lease, is there a law… Read More

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Question: I have rented an apartment to an unmarried couple. The boyfriend’s mom is the co-signor. The boyfriend is moving out and wants his and his mom’s name taken off the lease. I don’t care if the boyfriend leaves, but I think his mom is still responsible. Am I right? Answer: Most co-signor agreements, also known as guarantee contracts, provide that the guarantee of performance is through the term of the lease. If so, the mom would most likely remain responsible, even if her son moves out. Question: My tenant has some damage to the outside window to the house… Read More

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Question: How long should we retain old leases at our apartment complex? I have heard two years. Is this correct? Answer: The statute of limitations (the time one has to bring a lawsuit) for written leases is four years. Therefore, leases should be retained a minimum of four years from the date of the vacancy. Question: One of our tenants is buying a home and gave us a 30-day notice. Now the tenant wants to extend escrow 15 more days beyond the 30-day period. The tenant is willing to pay for the additional rent. Should we require a new 30-day… Read More

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Question: I served a three-day notice to pay rent or quit to one of our tenants. I received a partial payment within the three-day period. Do I have to serve another notice for the remainder of the rent, or is the notice still good? Answer: Under California law, a residential landlord who accepts partial payment of rent demanded on a three-day notice is required to serve a new notice for the balance owed. Question: How do we get rid of tenants who have filthy units? They always pay on time. Answer: If the condition of a residential tenant’s apartment unit… Read More

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Question: I purchased a rental property two years ago, and the security deposits need to be increased.  Most of the deposits are $600 and need to be increased to $900.  What is the best way to do this? Answer: If they are on a month-to-month agreement, you can serve a 30-day notice changing the terms of the tenancy to increase the deposit amount.  You can charge up to twice the amount of the monthly rent if the unit is unfurnished. Question: Who is responsible for the expense of carpet cleaning and painting when a tenant vacates a unit?  Is it… Read More

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Question: I just bought two four-plexes. I have a “no pet” policy. One tenant has a dog, cat and five kittens. How do I change the pet policy as the new owner? Answer: If they are on a month-to-month, you can serve a 30-day notice changing the terms of the tenancy to a “no pet” policy. If they are on a fixed-term lease, you can make “no pets” a condition of a renewal of the lease, but not until it expires. Question: If we personally serve a tenant a notice to enter the unit and we mail them a copy… Read More

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The San Jose City Council on Tuesday, June 16, will discuss whether to move forward with amendments to the city’s rent control ordinance. The discussion is set for about 3 p.m. at San Jose City Hall, Council Chambers, 200 E. Santa Clara St. Among the proposed changes: Reducing the current 8 percent limit on rent increase Eliminating the debt service pass through Enacting a just cause eviction law Mandating rental owners accept Section 8 vouchers CAA Tri-County encourages local rental property owners to attend this meeting and speak against this proposal. A “show of force” in the audience will send … Read More

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Question: I have a “Guarantee of Rental Agreement” from the mother of a tenant. The tenant is 12 days late with the rent. Do I have an obligation to notify the mother and give her the chance to pay? What is my recourse against her if she refuses to live up to the guarantee agreement? Answer: Notifying the guarantor may be a requirement depending upon the language of the guarantee agreement. You may want to advise the guarantor in any event and send her a courtesy copy of the three-day notice before taking action. Question: Is it necessary that a… Read More

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The state Senate this week passed a bill that would designate housing as substandard when mold is visible, however, the author says she will amend the legislation to address landlords’ concerns. “We’ve worked with the (California) Apartment Association on amendments to this bill, which, if this bill moves forward, we will take in the first assembly policy committee that will create protections for landlords by creating a process for which the tenant must notify landlord if mold issues have arisen in their unit,” Sen. Holly Mitchell, D-Los Angeles, told her fellow senators before the vote. “Amendments also will allow for… Read More

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Question: The previous owner of an apartment building I recently purchased allowed the tenants to pay half a month’s rent on the first and the other half on the 15th of the month. The lease, however, says it is all due on the first and I want to enforce the lease. What, if any, legal problems do I face? Answer: California judges may find that there has been a modification of the payment terms of the agreement by “mutual consent and execution” of the new payment terms. Many leases have a provision which states that one waiver of strict enforcement… Read More

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