News: Compliance

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Question: Our tenant owes us back rent and is stating that he is probably going to file bankruptcy. We’ve been trying to work with him but are getting nervous now. Do we lose all the back rent if he files bankruptcy?

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Question: I am an owner of a duplex and I suspect my next-door neighbor is dealing drugs. I have a six-month agreement with him that is not up for several more months. What can I do?

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Question: We have a tenant who has been in the unit for one year and has painted it dark purple. Can I charge the resident for returning the paint color to white when he vacates the unit?

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The California Apartment Association has issued an “Industry Insight” paper to help rental housing owners comply with a Section 8-related ordinance that’s taken effect in San Jose. Effective Thursday, Sept. 26, the city’s “Housing Payment Equality Ordinance” requires that landlords consider for tenancy all applicants with the ability to pay for a given unit, including those who would pay their rent using Section 8. The enforcement provisions of the ordinance do not take effect for six months, but the director of the San Jose Department of Housing may issue written warnings for violations of the ordinance in the meantime. CAA… Read More

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Question: Under a 12-month lease on a single-family home, if a tenant breaks a window and does not repair it after a week or two, can we take the money out of the next rent payment?

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Question: How can we enforce the entry-rules clause in our lease? One of our residents is refusing to show the rental unit to a prospective purchaser of the building.

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Question: One of our single tenants who was renting a small one-bedroom unit recently died. There are still three months remaining on his lease. What should I do with the security deposit?

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A law that took effect Sunday, Sept. 1, has given tenants in California extra time to respond to most three-day eviction notices. Under the legislation, weekends and court holidays will no longer count toward the three-day notice period and the five-day period for responding to an unlawful-detainer summons and complaint. For example, under the new law, the deadline to pay rent for a three-day notice served given on a Friday wouldn’t be due until Wednesday— two days later than the current Monday deadline. Previously, weekends and court holidays could count toward these notice periods, although a notice could not expire… Read More

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Question: I am considering selling a duplex I own.  Both sides are rented under one-year leases. A potential buyer said he would need to move into one side of the unit and could not wait for the lease to expire. If there is a sale, doesn’t that terminate any lease I have with the tenants?

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Question: What are the reasons that a tenant can legally break a lease agreement? Is relocation due to a job change a legal reason to break the lease?

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