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Question: I have a tenant who never pays his rent until he receives a three-day notice. We normally serve notices on the eighth of the month even though the rent is due on the first. He is on a one-year lease, and I don’t know my legal rights.
Answer: You can try serving him with a three-day notice to pay rent or quit earlier than the eighth of the month. If he fails to make payment within the three-day period, you have the right to refuse the rent and commence eviction proceedings.
Question: I have a tenant who always “races” … Read More
Tagged: ColumnsComplianceLegal Q&A
Question: While on vacation, my assistant was responsible for serving three-day notices to pay rent or quit in the apartment community we manage. She forgot to sign the notices. Is this a fatal defect?
Answer: California law does not specifically require the manager or owner to sign notices served on tenants. While signing is the recommended practice, an unsigned notice should still be held to be sufficient.
Question: I have been a resident manager for over four years and would like to know what a manager can do other than evict when a tenant continues to cause disturbances, e. g.… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: One of our tenant’s dogs is constantly barking and growling at anyone who passes by their apartment. It has scared many of the other residents and they have complained numerous times. I have explained that the lease allows pets. What can I do?
Answer: If the dog is disturbing other residents and is not being properly restrained, it probably is a violation of your lease if it contains a clause requiring tenants to refrain from unreasonable annoyances or disturbances. If this is the case, you could enforce the lease through a notice to perform or quit. It is also… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: Can I keep a security deposit if the tenant moves out and does not give me a written 30-day notice?
Answer: Not automatically. You can deduct from the security deposit unpaid rent from the time of the move out until thirty days are up, or until the premises are relet, whichever happens first, provided you use due diligence to relet the premises.
Question: I took a $300 deposit from a tenant to hold an apartment pending a credit check. The credit check came in and I declined the application. How long do I have to return the money?
Answer: … Read More
Question: One of our single tenants who was renting a small one bedroom unit recently died. There are still three months remaining on his lease. What should I do with the security deposit?
Answer: A tenancy for a specified term does not terminate on the death of either the landlord or the tenant. Once the executor or administrator of the decedent’s estate returns possession, you should account for the use of the deposit and direct the accounting to the administrator or executor.
Question: I understand that if a building contains 16 or more units there must be a resident manager.… Read More
Question: I suspect there are at least five people living in a one-bedroom apartment in one of our units. The lease only allows three persons and they have not paid rent. I want to serve a three-day notice to pay rent or quit, but I do not know all of their names. What should I do?
Answer: If you serve a three-day notice, address it to the occupants for which you have the names and also to “all others in possession.” If they pay the rent, however, you may have agreed to the additional people living there. If you do… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: A couple recently applied for one of our vacant units. They have jobs but do not quite qualify for the unit (they need to make three times the amount of the rent). They said that his father would be willing to co-sign as a guarantor in order to qualify. How should I work this arrangement on the lease?
Answer: Guarantor agreements are separate and distinct from the lease and may be rendered void if the lease is modified without the knowledge or consent of the co-signor or guarantor. Carefully drafted guarantee agreements can eliminate this risk.
Question: One of… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: I recently purchased a triplex, and the escrow will be closing in a couple of days. The tenants are currently on a month-to-month rental agreement. Do I have to wait until the end of the month, or can I serve a 30-day notice as soon as I take possession of the property?
Answer: You can serve a 30-day notice at any time in a month-to-month tenancy. You do not need to wait until the end of the month. You are also entitled to rent for the 30-day time period. If all of the tenants in the unit have been… Read More
Question: If I miss sending a security deposit disposition with 21 days as required by law, must I return the entire deposit rather than deduct amounts owed, such as outstanding rent?
Answer: The law is silent on this point. As a result, some judges do and some judges do not allow the landlord to make a deduction from the deposit if not properly accounted for in accordance with California law. However, this does not mean that the damages to the unit, necessary cleaning and unpaid rent are not owed. In any event, landlords can pursue any monetary claims they have… Read More
Thanks in part to advocacy efforts by the California Apartment Association, the Huntington Beach City Council has reversed its decision to place a rent control measure on the November ballot.
The council voted 4 to 3 on Monday, Aug. 11, to repeal the ballot measure, one month after voting to put the proposal before voters.
The measure, if it had gone to voters and been approved, would have authorized the council to implement rent-stabilization guidelines for mobile home parks.
“We are happy to see that rent control will not come to Huntington Beach anytime soon,” said Tommy Thompson, executive director… Read More