Question: We have a one-year lease with a tenant that will expire in four months. If we sell the house now, and the buyer wants to move in, would we be able to break the lease? Answer: The buyer “steps into the shoes” of the seller and the lease is binding upon the new owner. Question: I served a three-day notice on my tenants, and they paid $300 of the $1,050 that was due. Do I have to serve another three-day notice to start the eviction? Should I have accepted payment?

Question: A new tenant signed a six-month lease. Now, he claims he feels unsafe because of an incident at the property and wants to terminate the lease. The tenant claims he has a 72-hour period to rescind the lease after it is executed. Is this true? Answer: There is no 72-hour right of rescission for residential leases. Question: One of my two tenants on the lease moved out due to a job transfer. The remaining tenant would like to stay and pay the entire amount. Do I need to write up a new lease or simply prepare an addendum stating… Read More

Question: I served one of my tenants with a 3-Day Notice to Pay Rent or Quit. He did not comply, so I served a 30-Day Notice to Quit. If the tenant does not move out by the 30th day, should I call the sheriff to evict him? Answer: The sheriff will not evict your resident unless you have gone through the unlawful-detainer lawsuit and produced a judgment for possession. You could have filed the unlawful detainer action after the 3-day notice expired; you did not need to give the tenant an additional 30 days.

Question: I have filed an eviction against one of my residents for failing to pay rent for the last two months. I served the notice on a Saturday, and someone said I had to serve it on a business day. Are they right? Answer: No. A three-day notice for breach of the lease can be served on any day of the week. The tenant has three full days to comply, but the last day of the notice must end on a business day. Question: I recently purchased a triplex, and the escrow will be closing in a couple of days.… Read More

Question: I have heard five different answers from five different people. Please, tell me what I can legally deduct from my tenant’s security deposit. Answer: Rights and obligations regarding a residential tenants’ security deposit are governed by California Civil Code Section 1950.5. It is clear that you can use the deposit at least for cleaning, delinquent rent and damages above ordinary wear and tear. What is considered ordinary “wear and tear” is subject to a variety of opinions by judges. In order to convince a court that the damages were extraordinary, check-in and check-out records of the condition of the… Read More

Question: At what point does my property require an onsite resident manager? Answer: If your property has 16 units or more, you are required to have a person onsite who represents the owner. Question: A resident at my property was taken to the hospital and passed away. Since the lease requires a 30-day notice, what is the law as far as reimbursement of the deposit?

Question: Can an owner/property manager require that a tenant secure renters insurance? Answer: Yes, to protect the property and assets, landlords can require the tenant obtain renters insurance as a covenant and condition of the lease. 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?