Legal Q & A
Q. 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?
A. First, call the police and inform them what you know about the illegal activity. Work with the police to gain enough evidence that will allow you to proceed with an unlawful detainer (eviction). If you can prove the illegal activity, the law allows the owner to serve a three-day notice to vacate. Failure to comply with the notice will give rise to an action for unlawful detainer.
Q. I want to serve a three-day notice against a married couple. Since only one spouse signed the agreement, I don’t have to name the other spouse in the notice because they are married, right?
A. Wrong. California law does not allow owners to treat married people differently than unmarried people. Therefore, you should name all adult occupants (18 and older) in your notice, whether or not they are on the rental agreement.
Q. I rent out a condominium unit and I have a problem with people leaving halfway through a one-year lease. How do I collect my lost rent?
A. In order to collect your unpaid rent, you could sue your former tenants in small claims court. Once you receive a judgment, you could go through formal collection procedures such as garnishing their wages or levying their bank accounts.
Q. I heard that unless the rental agreement requires rent to be paid in advance, it is not owed until the end of the month. Is this true?
A. Under California law, monthly rent is not due until the end of the month unless the lease or rental agreement require the rent to be paid in advance. That is why virtually every written rental agreement contains that language.
Q. I rent a garage to two young men under a six month lease, and I suspect that they are living there. I specifically told them they could use the garage for storage of the personal property only. What can I do?
A. In California, an owner of rental property can limit the tenant’s use of the property for specific purposes. If the tenant used the rental for something else, he could be evicted. If you could prove that the tenants were residing in the garage, you could serve them a three-day notice to quit, followed by an eviction if they fail to vacate.
Q. Can a court action regarding a security-deposit dispute be appealed?
A. If the action was in small claims court, you can only appeal if you were the defendant, and then the case is heard all over again. You must do so in a timely manner (30 days from the hearing).
Q. Our tenant moved out last month, but left items in a locked shed on the premises. We have left messages for him to give us the key and remove the items, but he has not responded. What should we do?
A. If you have taken back possession of the unit, you should send him a notice of belief of abandonment of the personal property. If the property is more then $300 in value, you must sell it through a public sale if not claimed within 18 days of the notice. If it is worth less then $300, you can dispose of it if not claimed within the 18 days.