News: Ted Kimball

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Question: Upon reading a “Three-Day Notice to Pay Rent or Quit,” I noted the statement, “…plus Owner/Agent may seek to recover an additional punitive award of $600.00 (six hundred dollars) in accordance with California law.” I would like to know the Civil Code Section allowing for this punitive damage. Answer: The code section is California Code of Civil Procedure Section 1174(b). The section allows for up to $600 if you can prove malice. Question: I had a tenant move out several months ago. I returned about $600 of his $1,000 deposit. He disputes all but $50 of the deductions and… Read More

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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

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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

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Question: We have a tenant who gave us verbal notice to vacate the premises. How do we calculate the rent owed? Answer: A verbal notice is of no legal effect. The time begins to run when the written notice was served. You are also required to attempt to relet the premises as soon as the tenant vacates to mitigate your losses. Question: Can you require that a guarantor for a rental applicant own property or be on the title to real property? Answer: Since you do not have to accept a guarantor, you can subject the guarantee to conditions such… Read More

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Question: I have a month-to-month rental agreement with a tenant and have given a 60-day notice to vacate. Since the service of the notice, the tenant has not paid the rent so I served him with a three-day pay rent or quit notice. Did that void the 60-day notice? Answer: The three-day notice would not invalidate the 60-day notice unless you asked for rent that went beyond the 60-day period. Question: The present rental agreement is for two tenants. One has passed away. Do I need to write a new rental agreement with the remaining tenant? Answer: You are not… Read More

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By Ted Kimball, Esq.  Question: A tenant wants to use the last month’s rent, which was paid at the time of the lease signing, for this month’s unpaid rent. If he is not moving out, can he do so? Answer: Not unless your rental agreement provides that the tenant can use the last month’s rent deposit at any time, which it should not do. Question: Can we use a recent Section 8 inspection report as a standard of habitability in an eviction case? Answer: The court will allow any relevant evidence that tends to prove the condition of the premises… Read More

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