Is there a mandatory, minimum, type size for leases?
No, but the larger the font size, the better. Also, if you have an automatic lease renewal provision, it must be in at least 8-point font and bolded.
My brother manages the apartments that we own. He did not collect a security deposit. The tenant still has not paid it, but says he will pay this month. Can I serve him a 30-day notice if he does not pay by the end of the month?
If you are on a month-to-month agreement, you can serve a 30-day notice. If the agreement to pay the security deposit was part of the lease, you can serve a 3-day notice to perform or quit.
This month’s rent check from a tenant had a second name printed below the tenant’s name on the upper left corner of the check. If I cash the check for this month’s rent, am I changing the terms of tenancy?
The mere fact that another person is listed on the check does not change the terms of the tenancy. You should inquire about the other person or find other ways to determine if there is an unauthorized occupant, and if so, either have the extra person apply for residency or serve a 3-day notice to perform covenants or quit.
If I give a 60-day notice (tenants have lived there for over a year) to tenants, can they move before the 60 days are up? If so, do they have to give 30 days’ notice, or can they just move? Answer:
They can move out within the 60-day period by serving you with a 30-day notice. If they leave before the 60-days are up without serving a 30-day notice, they still owe rent up to the date the 60-day notice expires or the premises are relet (you have to try to relet the premises).
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?
A voluntary sale of leased property does not terminate the rental agreement or lease; the new owner steps into the shoes of the former owner and has the same rights and obligations of the former owner.
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?
A tenancy for a specified term does not terminate on the death of either the landlord or the tenant. Once the executor or administrator of the decedent’s estate returns possession, you should account for the use of the deposit and direct the accounting to the administrator or executor.
I understand that if a building contains 16 or more units, there must be a resident manager. I have given some responsibilities to an on-site maintenance person, but I do not call him a resident manager. Does this situation comply with the law?
The California Administrative Code requires that a building containing 16 or more units on a parcel must have a person who lives on site and is responsible for representing the owner of the property. The person does not, however, have to be a “resident manager.”
I served a 3-day notice to pay rent or quit and inadvertently asked for ten dollars less than the current rent which is due. The rent is $885 per month and I asked for $875 (I forgot to add the rent increase, which was effective three months ago). The resident paid the lower amount and now I want to serve a notice for the ten dollars owed. He says I blew it and he does not owe it. Is he right?
The fact that a notice to pay delinquent for a lowered amount does not automatically prevent the owner or manager from demanding the full payment. Service of a 3-day notice for the difference should be enforceable.
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.
California’s Civil Code, among other permitted uses, specifically requires residential tenants to allow the landlord to show the rental unit to prospective purchasers and their agents. Failure to comply could lead to an action for unlawful detainer after service of a 3-day notice to perform or quit if the resident refused to give reasonable dates and times for the entry.
I have a tenant who is driving everyone in the apartment complex nuts. He plays his stereo and television all day and all night and keeps everyone up. We call the police constantly but they can only do so much. I want to evict him but he signed a one-year lease. None of the notices I have make sense in this situation. What can I do to get this noisy tenant out?
If the tenant is producing major and continual disturbances to the quiet enjoyment of the neighboring property and it is severe enough, the court could allow you to evict the tenant after service of a 3-day notice to vacate. This notice does not allow the tenant to cure anything.
Therefore, it has to be a severe situation. Otherwise, writing warning letters and documenting the disturbances can bolster your case if the tenant does not stay quiet.
My rental unit is 15 years old. One month after a large man rented my unit the shower pan cracked. We are sure it was because of his weight. Who is responsible for the repair?
If the crack was due to “normal wear and tear,” it is your expense. If it was caused by extraordinary wear and tear, i.e. abuse, it is his expense. The tenant could argue that a shower pan should hold any person’s weight, but it also depends upon the way it was used and the age of the pan.