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Question: My understanding is that unlawful-detainer actions remove the tenant from a specific rental unit. My contention is that the tenant is also not allowed anywhere on the premises of the common areas of the premises after an eviction. Frequently, the evicted tenant hangs around the premises and causes additional problems out of spite. What can be done, and what are my legal rights as owner?

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Question: One of our residents admitted to breaking a window in his unit. Our management company wants to make the repair and deduct it from his security deposit.  Please give us your opinion if our management company is using proper procedures.

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Question: When you return a security deposit disposition to the vacating tenant, what is the statute of limitations if they do not agree with the deductions and wish to sue in small claims court?

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Question: We have served our tenant a 60-day notice of termination of tenancy; however, they have quit paying the rent. Now we are preparing to send a three-day notice to pay rent or quit. What is the next step if they do not pay?

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Question: I served a three-day notice on my tenants, and they paid $300 of the $1,050 that was due. Do I have to serve another three-day notice to start the eviction? Should I have accepted payment?

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Question: I have been asked by another property manager if a former tenant of mine caused any problems and if I would rent to him again. I suspected that he was a drug dealer or at least a drug user, but I cannot prove it. What can I tell her?

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Question: My tenant fixes his motorcycle in the living room of his apartment. I have warned him that he did not have a right to use our apartment as an auto repair shop. He says as long as he leaves the apartment clean, he has the right to work on his motorcycle. What should I do?

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Question: Is the procedure for evicting a tenant from a garage any different than for a tenant who lives in a residential unit? Is delivering a notice to a post office box legally acceptable? Answer: The eviction process is the same. The notice should be mailed to the post office box and another copy attached to the door of the garage the same day. Even though it may not be delivered, send another notice via mail, same day to the garage, since the code literally requires mailing and posting to the rented premises. Question: Is there any way to impose… Read More

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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 served a three-day notice on my tenants, and they paid $300 of the $1,050 that was due. Do I have to serve another three-day notice to start the eviction? Should I have accepted payment?

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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: One of my two tenants on the lease moved out due to a job transfer. The remaining tenant would like to stay and pay the entire amount. Do I need to write up a new lease or simply prepare an addendum stating… Read More

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