Question: A tenant has left a lot of personal property after vacating. How do I determine the value of the items left behind? Answer: You can call a third-party appraiser. Alternatively, you can research what comparable items sell for in the community. Online resources such as Craigslist can be used to help substantiate a value assigned to an item. Remember that it is replacement value, not the cost of purchasing a new item, that’s important in determining what you can do with the property. After you’ve provided proper notice, unclaimed property worth less than $700 can be disposed of any… Read More

Question: We evicted one of our tenants and obtained a monetary judgment. Now we find that they have moved to Arizona. Can I collect against them since they moved out of state? Answer: If you have a judgment against a former tenant and they move out of state, you can have the judgment recognized by that state as a valid judgment, which would allow you to proceed to levy against their bank accounts or garnish their wages in the state where they now live. Question: Can an owner/property manager require that a tenant secure renter’s insurance? Answer: Yes, to protect… Read More

Question: The non-payment of rent notice I served on the tenant has expired. The tenant is now trying to pay the rent, but I do not want to accept payment and would like to return it. How can I return the payment? Answer: You can return the tenant’s payment by personal delivery or sending it by regular mail. You are not required to send it by certified mail.  It is important to return the payment as soon as possible. Question: I have an ongoing unlawful detainer against one of my tenants, but the person is continuing to create a disturbance… Read More

Question: I want to rent out our condominium (we are buying a new house), and I need to know how much I can charge for a security deposit. Can I also charge a cleaning, pet and key deposit? Answer: California law limits the amount of a residential security deposit to twice the amount of the monthly rent if unfurnished, or three times the amount of the monthly rent if the property is furnished. The legislature recognizes all deposits as a security notwithstanding how the parties are identifying it. All deposits, taken together, cannot exceed these limits. Question: The lease for… Read More

Question: A tenant’s guests broke a window of the recreation room by throwing a ball through it. The host tenant claims he should not be responsible because the damage occurred outside the apartment and while they were playing catch in the common area. My tenant also refuses to give me the name or any information about his guest who caused the damage. What can I do? Answer: In California, tenants are liable for the negligence of their guests while on the premises. The premises not only includes the actual rented unit, but the common area as well. Therefore the tenant… Read More

Question: I understand a security deposit refund must be postmarked within 21 days of vacating the premises. Is that correct? Answer: The security deposit must be mailed within 21 calendar days of the tenant vacating the unit. Question: I have a maintenance worker who was terminated and was given seven days to vacate his apartment. He has not left, and I would like to know if I need to send him through the eviction process or if there is anything else I can do to get him out. Answer: You need to send him through the eviction process. If he… Read More