Legal Q & A
Q. While we were on vacation, my assistant was responsible for serving three-day notices to pay rent or quit in the apartment community we manage. She forgot to sign the notices. Is this a fatal defect?
A. California law does not specifically require the manager or owner to sign notices served on tenants. While signing is the recommended practice, an unsigned notice should still be held to be sufficient.
Q. One of the tenants in the building next door keeps disturbing the peace and quiet of some of our residents. I have spoken to the manager and he says he cannot control it, and so long as no one complains in his apartment building, he cannot do anything about it. Isn’t there something I can do?
A. The manager of the other building should be made aware that if residents create major, continual disturbances, they are creating a nuisance, which can warrant a tenant eviction. The parties who are disturbed do not need to reside in the same apartment complex.
Q. Many of the residents’ children use skateboards in the parking area. We want to stop this activity, and we want to put a provision in the house rules which prohibits children from skating in the parking areas. Since this is for their safety, I don not believe it is discrimination. What do you think?
A. Reasonable rules and regulations can be enforced by the management of apartment communities. However, they should apply to everyone not withstanding their age.
Q. I have been a resident manager for more than four years and would like to know what a manager can do other than evict when a tenant continues to cause disturbances – e.g. playing loud music, singing, and throwing cigarettes over the patio.
A. The threat of eviction sometimes is enough to persuade a tenant to respect the quiet enjoyment of the neighboring property. Calling the police for extraordinary disturbances may also serve to quiet down an unruly tenant. If all else fails, you may consider eviction before other residents decide to move.
Q. I agreed to allow a resident to move in even though he could not pay the full security deposit. He was supposed to pay one-third of the deposit each month. He made the first two payments but has now failed to make the third and final installment. What type of notice should I use?
A. The law provides that in the event of a breach of the lease other than nonpayment of rent, a three-day notice to perform conditions and/or covenants of\r quit, this notice allows the resident only three days to comply or be subject to unlawful-detainer litigation.
Q. I have a tenant who left her window open when it rained, causing water damage to the floor. She said she did not have to pay for the damage because we have insurance for this type of thing, and we did not lose anything. What should I tell her?
A. Your insurance has nothing to do with responsibility for the negligence of the tenant. If you insurance paid for the damage, they would have the right to reimbursed by the tenant who caused the water damage. You would also be able to recover the deductible you paid. If the tenant had renters insurance, he may have been covered for this type of loss.
Q. We had to evict a real trouble-maker recently, but he keeps coming back to the property to use the swimming pool and Jacuzzi. He is not anyone’s quest, and some of the residents are frightened of him. What should I do?
A. Calling the police for a criminal trespass and disturbance of the peace is the first recommended action. If he persists in returning, a restraining order could be filed, allowing the police to more easily arrest him for contempt in the event he violates the judge’s order.