News: Ted Kimball
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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 allowed a tenant to move in and pay the security deposit in several payments. They are not able to make the final payment. What can I do?
Answer: You can serve a three-day notice to perform conditions or covenants or quit. If the… Read More
Tagged: ColumnsComplianceLegal Q&A
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: Is there a law on the length of time a resident must reside in an apartment not to be charged for paint or carpet when they move out? What are the guidelines?
Answer: No, the tenant can always be charged for painting… Read More
Tagged: ColumnsComplianceLegal Q&A
One of the longest delays in processing evictions occurs when not all occupants are served personally (hand-to-hand) with the unlawful-detainer summons and complaint.
More often than not, the occupants know they must be legally served for the court to award a judgment for possession of the subject property. If they are sophisticated, they know that they can delay the time for the eviction by two to three weeks if they successfully avoid the process server.
If the unlawful detainer is not served in person, it can be served on another person who resides at the property or on the person… Read More
Question: My lease states that the rent is due on the first of the month. If the first of the month falls on a weekend, can I require my tenants to pay rent on the weekend — if my rental office is open on the weekend?
Answer: No. If the rent is due on the first, and the first of the month falls on a weekend or holiday, pursuant to California law, the tenant has until the next business day to pay the rent. For example: If the first falls on a Saturday, the resident has all day Monday to… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: I have a resident who has bed bugs in his unit. He refuses to allow access to his unit so that we can start treatment. Can we evict him? Can we charge for the cost of treatment?
Answer: First, you need to send a notice to perform covenant or quit for refusal to allow access. If your resident fails to provide access prior to the expiration date of the notice, you can start the eviction process. As for charging the resident for treatment, if you can show that the resident is responsible for the infestation, you should be able… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: I served a three-day notice to pay rent or quit on a tenant, and the renter paid with a personal check. The check has since bounced. Do I need to serve another three-day notice to pay rent or quit?
Answer: The bounced check is not payment, so you can file on the original three-day notice.
Question: Can I accept rent after serving a notice for an issue other than payment? For example: an unauthorized occupant notice.
Answer: You should always check with a knowledgeable attorney to determine whether you should accept rent or not if the notice served was… Read More
Tagged: ColumnsComplianceLegal Q&A
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?
Answer: When a tenant passes, the month-to-month tenancy is terminated 30 days from the date of the decedent’s last rent payment. Therefore, you have 21 days from that date to account for the security deposit assuming that you have taken over possession of the unit. If anyone else is claiming a right to possession, you would need to go through the eviction process.
Question: We rent garages out… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: After serving a three-day notice to pay rent or quit, does the day of service count towards the three-day period?
Answer: The first day of service does not count towards the three-day period. The first day to count is the day after service of the notice was completed. The tenant must have three full days after service before filing the summons and complaint.
Question: May I demand a late charge in a three-day notice to pay rent or quit?
Answer: No. Do not demand any other fees or charges other than the tenant’s past due rent in a three-day… Read More
Question: We have a tenant who has been provoking other tenants, so we gave her a 30-day notice. She is now very angry and has flooded her apartment and the three apartments below her by inserting a roll (still on the spool) of toilet paper into her toilet and then flushing the toilet over and over. What can we do?
Answer: You can serve a three-day notice to quit based upon this activity. If she fails to vacate in three days, the court eviction can commence, and you would not have to wait for the 30-day notice to expire. You… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: I have a tenant who I strongly believe is selling and using drugs. What actions can I take without having any evidence?
Answer: In order to use the illegal drug activity as a basis for eviction, you have to prove that the drug activity is going on; otherwise, if you are on a month-to-month tenancy, you can serve a 30- or 60-day notice without cause, unless you are in a rent controlled area.
Question: Our tenants have just informed us via telephone that their rent check will bounce, they don’t plan to cover it, and they intend to vacate… Read More