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Question: If we serve a three-day notice and the tenant decides to move out, is the tenant responsible to pay the monthly rent until the apartment is leased?
Answer: The tenant is still liable for the rent until the lease expires or the apartment is relet, whichever occurs first even if he vacates pursuant to a three-day notice to perform or quit.
Question: I have a tenant who decided not to move in after signing a six-month lease and leaving a deposit. Can I hold her to the lease agreement that she signed?
Answer: Once the tenant has signed the… Read More
Tagged: ColumnsComplianceLegal Q&A
The California Apartment Association has helped derail a bill that would have given tenants new avenues to stall the eviction process.
Assemblyman Tom Ammiano, D-San Francisco, tried to bring back the legislation as a two-year bill last week, but CAA’s arguments against AB 969 helped stamp out the measure shortly after lawmakers reconvened for 2014.
The bill would have encouraged tenants who face eviction to claim retaliation by a landlord and stop paying the rent. It also promoted jury trials for eviction cases in courts where juries were not currently being used to decide cases. By law, the eviction process… Read More
Tagged: LegislationLegislature
Question: One of our residents threw a wild New Year’s Eve party, causing disturbances to other residents. The police were called, but no arrests were made. They have also been consistently late in paying rent so we have decided to terminate their tenancy. What is the best way of doing this?
Answer: If you are on a month-to-month agreement, you can serve the appropriate 30- or 60-day notice (60 if they have been in possession for one year or longer). If not, you would have to prove a breach of the lease or that the disturbances constituted a nuisance which… Read More
Tagged: ColumnsComplianceLegal Q&A
In a column, California Assemblyman and gubernatorial candidate Tim Donnelly says threats to Proposition 13 — particularly a split roll tax — would eventually cause rent hikes and hurt tenants.
“There are no “free lunches,” Donnelly writes in his column. “Someone has to pay. The politicians believe they are sticking it to the income property investors – and this may be true for a year or two, but, eventually all costs get passed on to the tenant.”
Question: How long does an unlawful detainer judgment stay on the tenant’s record?
Answer: As with all judgments, it is valid for 10 years as far as collection goes, but the credit reporting agencies keep this information for seven years. The judgment also accrues interest at 10 percent per annum, and can be renewed for an additional 10 years.
Question: I represent an owner of several buildings who has a few tenants that are past due on their rent. Instead of evicting them, he is offering the tenants a payment plan, if they are willing to sign a promissory note… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: If one tenant moves from one unit to the other unit within one building, can I deduct the security deposit to cover the damages and fix-up for the old unit, then ask them to redeposit the amount of money to make up the security deposit for the new unit?
Answer: Yes, and hopefully your lease clarifies this right. If the tenant fails to pay, you can serve a three-day notice to perform conditions and covenants or quit.
Question: I have recently purchased a 20-unit apartment building. Must I have an apartment manager on site 24 hours a day,… Read More
Question: What are we allowed, by law, to charge a tenant as a security deposit?
Answer: You are allowed to charge up to twice the amount of the monthly rent as a security deposit, so if the rent is $1,000, you can charge up to $2,000 for your deposit. If the property is furnished, you can charge three times the amount of the rent.
Question: We have added a number of clauses to our Rules & Regulations Addendum and wish to have our tenants sign the new form, as well as signing the CAA addendum about mold.
Answer: If you… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: I have a tenant who caused a fire in an apartment which resulted in a substantial amount of damage. The fire department concluded the tenant was at fault. Can he be liable for my deductible? And, can I take it out of his deposit?
Answer: Yes, in fact he is responsible for all losses suffered (your insurance company may want to pursue him).
Question: I have renters who recently informed me that they are moving. The lease does not end for another six months. Now what happens?
Answer: The tenants are liable for the rent up to the date… Read More
Tagged: ColumnsComplianceFAQsLegal Q&A
Among large metros, Oakland nabbed the No. 1 position on the list of the country’s annual rent growth-leaders as of the third quarter, according to MPF Research.
Pricing for new leases in Oakland grew 7.9 percent during the past year.
While San Francisco ceded the top spot to Oakland, pricing power remained strong with rates up 6.6 percent annually. Rents climbed 5.9 percent in San Jose, according to MPF.
Other strong performers in rent growth included the Southern California trio of Orange County, San Diego and Los Angeles, which just missed MPF’s top-10 list.
“Improving performances in Southern California are… Read More
Question: I have a prospective tenant whose company will pay his rent as a perk to his job. Who must sign the lease?
Answer: It is our strong advice to have both the company and the individual sign the lease. If the employment is terminated, you would have a stranger in your unit without a signed lease.
Question: If a guest causes problems or damages the property, what is my recourse?
Answer: The tenant is responsible to pay for the repair of any damage caused by their guest’s negligence or intentional act. If they fail to pay a three-day notice… Read More