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 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 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?
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.
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.
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.
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