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Question: I rent out a three-bedroom home with a covered patio that I have turned into a fourth bedroom. There are four individual people renting. My question is, can I call it renting rooms or am I renting a house to four different people? Answer: It is better if you rent the house to all four under one lease with each tenant being “jointly and severally” liable, meaning they are individually responsible for the lease, as well as collectively. Question: We have a policy of allowing prospective tenants who have poor credit to qualify if they have a qualified guarantor… Read More

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Question: One of the recent applicants to our apartment community claims he is paid “under the table.” How do I verify his income? Answer: You really can’t, and because he is committing fraud, you should not consider this a legal source of income. If they fail to otherwise qualify, deny his rental application. Question: One of our tenants was recently arrested and has not paid the rent. We served a notice by “nail and mail,” and it has been over three days. How do we serve the unlawful detainer (eviction) on the tenant while in jail? Answer: Most jails will… Read More

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The city of Santa Monica this week gave its blessing to an ordinance barring landlords from rejecting prospective tenants based on their Section 8 status. The council, which requested the proposal, took it up Tuesday. The measure would prohibit housing discrimination based on source of income, including Section 8 vouchers and other rent subsidies, according to the city’s website. The ordinance, passed by a 7-0 vote in its first reading, also would increase penalties tied to discrimination. See coverage in the Santa Monica Mirror and the Santa Monica Daily Press and video highlights from the hearing below. http://youtu.be/Sz5103wv_o4

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Question: I rented an apartment to a young man; he signed a one-year lease and paid the deposit and first month’s rent in full. He moved in today, and less than 24 hours later, he is requesting to get out of his lease because another apartment that he prefers became available. Is there any kind of buyer’s remorse on signing a lease? Answer: Your tenant is obligated to pay rent through the lease term or until the time the premises are relet, whichever occurs first. There is no buyer’s remorse. Question: In one of my books on landlord/tenant law, it… Read More

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Question: There was a grease fire in one of our rental units due to a tenant’s lack of knowledge of cooking.  What is my obligation to provide alternate accommodations for this tenant? Am I required to keep her as a renter? Answer: You are not obligated to put the tenant up. You may have a right to evict her based upon waste of the unit, which requires a three-day notice to quit. Question: The tenants living in one of our apartments signed a one-year lease which states that there will be no pets allowed. They now have two cats in… Read More

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Question: Our tenant owes us back rent and is stating that he is probably going to file bankruptcy. We’ve been trying to work with him but are getting nervous now.  Do we lose all the back rent if he files bankruptcy? Answer: It depends. If he files a Chapter 7, there is little hope. If he files a Chapter 13, you may receive all or a portion of the back rent. Question: If a tenant’s rent is due on the first day of the month and there is no grace period, what is the earliest date I can serve a… Read More

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By Lynn Dover, Esq.; Shawn Bankson, Esq.; Susie Lein, Esq. Question: I entered my resident’s unit yesterday to check the smoke detectors and found that she is hoarding. I couldn’t even walk into a few of the rooms because there was so much personal property inside. Can I serve her a three-day notice to quit? Answer: No. Hoarding is recognized as a mental disability. Before you can evict, you generally must give the resident an opportunity to bring her unit into a safe and sanitary condition. If the resident refuses to take steps to remedy the condition of the unit… Read More

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By Lynn Dover, Esq.; Shawn Bankson, Esq.; Susie Lein, Esq.   Question: My resident has asked for an accommodation, and I don’t think they’re disabled. Can I force them to get a note from their doctor? Answer: No. While you are entitled to written verification that a resident’s condition meets the definition of disability under California law and to verify there is a disability related need for the accommodation, you may not require this note to only come from a doctor. Any sufficiently reliable third party, which would include a doctor, may provide verification. Question: Can I require an applicant… Read More

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By Lynn Dover, Esq.; Shawn Bankson, Esq.; Susie Lein, Esq.   Question: What is the difference between a companion animal and a service animal? Answer: There is no difference. In the eyes of the law, they are both types of assistive animals for persons with disabilities. Question: I have an applicant who uses a wheelchair. She wants me to put a ramp into her unit, widen her doorways and install a roll-in shower for her. Do I have to do this? My property was built in 1972. Answer: As long as your property is not federally funded, you do not… Read More

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Question: We had to evict a real troublemaker recently, but he keeps coming back to the property to use the swimming pool and hot tub. He is not anyone’s guest, and some of the residents are frightened of him. What should I do? Answer: Calling the police for a criminal trespass and disturbance of the peace is the first recommended action. Question: I have a suspicion that one of our tenants falsified his application by giving me a different name and Social Security number than his own. If I can prove this, what are my rights? I have a six-month… Read More

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