Legal Q & A
Q. I have a tenant who backed out of a lease early. She received a move-in special which was contingent on staying the full term of the lease. Can I deduct the amount of the special from the tenant’s security deposit?
A. If the lease clearly requires that the tenant remain in possession (or pay rent) for the full term of the lease as a condition of receiving the move-in special, the tenant would be liable for the discount, and the court should allow you to deduct this amount from the tenant’s security deposit as lost rent.
Q. The city has sent me a letter notifying me there is an inoperative vehicle on my property. They say if the tenant’s car is not moved, they will charge me for the cost of removing it. May I move the vehicle myself? What are my options?
A. If the vehicle is on rented property and belongs to the tenant or the tenant’s invitee, you may consider serving a three-day notice to perform conditions and/or covenants to quit. The notice would require your tenant to remove the vehicle within three days or quit the premises. A copy of the city’s letter would also be appropriate.
Q. My tenant claims he paid the rent by mailing us a money order. We never received it, and he says we should have received it. Who would bear the loss if we do not find the missing payment?
A. Under most leases, it is normally the responsibility of the tenant to ensure the landlord receives payment. Since it is up to the tenant to choose the method of delivery, he or she bears the risk that the payment is in fact made. However, some landlords will determine the method of delivery. In those cases, the landlord may bear the risk that the payment reaches the landlord.
Q. One of the recent applicants to our apartment community claims he is paid “under the table.” How do I verify his income?
A. You really can’t, and because he is committing fraud, you should not consider this a legal source of income. If he fails to otherwise qualify, deny his application.
Q. One of our residents served us with a written 30-day notice and has failed to vacate after 30 days. Can I start the eviction process, or must I serve a 30-day notice first?
A. If a residential tenant serves the landlord with a written 30-day notice and the rental term is month to month, the landlord may immediately file an unlawful detainer (eviction) action in court on the 31 st day, providing the 30 th day fell on a weekday.
Q. We run a very exclusive apartment community and want to make sure that the carpets are professionally cleaned for each new resident. One of our residents recently vacated and insisted that the carpet was in the same clean condition as when he moved in, but was not cleaned by a professional. Can we insist on professional carpet cleaning?
A. California law does not allow any mandatory deductions from the resident’s security deposit. It therefore becomes a question of fact as to whether or not the carpet was in the same clean condition as when the tenant moved in. Anything less than the same degree of cleanliness is the responsibility of the resident.
Q. One of our tenants was recently arrested and has not paid the rent. We served a notice by “nail and mail,” and it has been more than three days. How do we serve the unlawful detainer (eviction) on the tenant while in jail?
A. Most jails will allow your process server or sheriff to serve the tenant while the tenant is in jail. It can take several hours before the jail employees are able to pull the inmate up, but your process server can be waiting and legally serve the tenant while he is incarcerated.