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Question: Am I entitled to use a deceased tenant’s security deposit? Answer: You are entitled to use a deceased tenant’s security deposit to cover unpaid rent, pay for damage beyond normal wear and tear, and to perform necessary cleaning to the unit.

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A recently introduced bill would authorize tenant groups to orchestrate rent strikes without fear of eviction. SB 529 would allow tenant groups, after a majority vote, to withhold rent payments for up to 30 days in response to grievances or complaints against the landlord.

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Question: One of my tenants has notified me that she has filed for bankruptcy. She has not paid her rent this month. Can I proceed with an eviction? Answer: Once a tenant files for bankruptcy, he or she will be entitled to an automatic “stay” of any legal proceedings against him or her. This includes an unlawful-detainer action.  You will be required to file a motion for “relief from stay” before serving any notices or bringing an eviction action.

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Question: We have a limited number of parking spots in our apartment community, so we decided to limit the parking to residents only. Is this legal? Answer: Yes, you may restrict parking at your apartment complex to residents only. Make sure you have complied with the requirements of Vehicle Code Section 22658 so that unauthorized vehicles can be towed according to the rules of the code section. Also, be sure that your lease or rules have been appropriately modified so that this policy is enforceable as a condition of tenancy.

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A state senator introduced a bill this week that would require landlords to consider prospective tenants who use Section 8. The bill, SB 329 by Sen. Holly Mitchell, D-Los Angeles, would make it illegal to deny a tenancy based on the applicant’s participation in the federal Housing Choice voucher program.

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Question: I have an ongoing unlawful detainer against one of my tenants, but he is continuing to create a disturbance at the property. Is there any way that the unlawful detainer can be expedited? Answer: Unfortunately, no. However, a restraining order may be available in extreme cases. If the tenant is engaging in a serious or criminal disturbance, call the police.

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The California Apartment Association has offered its support for a bill that would raise the state’s renter’s tax credit for the first time in decades. “Housing costs are going through the roof in California, and families are struggling to pay the rent,” said state Sen. Steve Glazer, D-Contra Costa. Glazer unveiled the bill Wednesday with two principal coauthors — Assemblywomen Lorena Gonzalez, D-San Diego, and Sharon Quirk-Silva, D-Orange County, as well as 28 coauthors. The legislation, SB 248, would increase California’s renter’s credit for the first time in 40 years and would represent significant help to single parents in particular.… Read More

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Question: I had to go through an eviction to regain possession of one of my rentals. I also received a judgment for the rent, court costs and my attorneys’ fees. How can I collect this judgment? Do I have to go back to court? Answer: The law provides for a variety of ways to collect the judgment. Wage garnishments, bank levys, attachment of personal property and judgment debtor examinations are formal ways to collect monetary judgments.  Of those listed, a bank levy is the most effective way to collect a judgment. Receiving accurate information on the rental application allows optimal… Read More

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Question: Are e-mail communications between tenant and landlord admissible in court? Answer: Yes, e-mails can be allowed into evidence, but cannot be used to serve notices.  

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Question: The lease for one of my tenants expires at the end of this month. He told me to take the month’s rent out of his security deposit because he would leave the apartment clean and in good repair. He told me since it is his deposit, he has the right to deduct rent out of the deposit. What should I do? Answer: California law requires the owner or manager to account for the use of the deposit no later than 21 days from the date the tenant vacated the unit. Since the tenant has failed to pay rent, a… Read More

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