Question: I have a maintenance worker who was terminated and was given seven days to vacate his apartment. He has not left, and I would like to know if I need to send him through the eviction process or if there is anything else I can do to get him out.

Answer: You need to send him through the eviction process. The type of eviction notice may depend on if they were a resident prior to being a maintenance worker, if they were assigned the unit because of their employment, and the provisions of the occupancy agreement.

Question: Is it illegal for an owner to charge an amount for his or her labor (as long as it is the going rate for that type of work) and deduct that amount from the tenant’s security deposit?

Answer: It is not illegal to deduct for your own labor from the tenant’s security deposit. You can charge a reasonable hourly rate and must state the description of the work completed, time spent and hourly rate in your security deposit disposition statement.

Question: Do I have to pay a tenant interest on his security deposit?

Answer: This is a current issue that is discussed on the state level; however, there are currently no state laws requiring that interest be paid on the tenant’s security deposit. Some local rent control ordinances and/or other local ordinances do require interest to be paid so it is important to review your local laws.

Question: There is a very loud tenant in the apartment building across the alley from our rental. I have asked them to quiet down on numerous occasions and have even called the police. They keep playing their music late at night and into the wee hours of the morning. What else can we do?

Answer: You should continue to contact the police when unreasonable disturbances occur and instruct your tenants to do so. You should also consider contacting the owner of the property to inform him or her of the situation. The owner may not be aware of the problem. There may be more legal remedies depending on the owner’s response (or lack of a response) if the disturbances persist.

Question: After a lease expires and it becomes month-to-month, how much notice must a tenant give me to legally terminate the lease? He says one week. Is this true?

Answer: In California, the default standard is that the tenant may terminate with 30-days written notice in a month-to-month tenancy. A tenant can terminate the tenancy in response to a domestic violence issue and would only be responsible for 14 days of rent. If the landlord wishes to terminate the tenancy, other notice periods and requirements will apply.

Question: Someone told me that if a resident is committing a crime on the premises, they can be evicted in 3 days. I have never heard of this law, and I rent to someone I suspect is dealing in drugs. Can you tell me more about it?

Answer: California law allows an owner or manager of rental property to serve a 3-day notice to quit the premises based upon the commission of an illegal act on the property. The illegal conduct must, however, relate to the rented property. For instance, if you can prove your tenant was dealing with or possessed illegal drugs on the premises, you could serve the 3-day notice. If the tenant failed to quit, an unlawful detainer action could be filed in court to recover possession.

Question: One of our tenant’s guests broke a window of the recreation room by throwing a ball through it. The host tenant claims he should not be responsible because the damage occurred outside the apartment and while they were playing catch in the common area. My tenant also refuses to give me the name or any information about his guest who caused the damage. What can I do?

Answer: In California, tenants are liable for the negligence of their guests while on the premises. The premises not only include their rented unit but the common areas as well. Therefore, the tenant and the tenant’s guest are jointly liable for damage to the window. Depending on several factors, you may be able to treat this as a lease violation, file a small claims lawsuit for the damages, or deduct the cost to repair the damages from the security deposit upon move out.

Question: I have a tenant who is on a long-term lease. Recently, however, the tenant brought in a roommate and has been out of town for over 30 days. I am concerned that this roommate intends on staying and that my original tenant may have moved out for good. What are my legal options?

Answer: If you have a clause in your lease which prohibits unauthorized occupants or the assignment or subletting of your lease agreement, you do not have to consent to the roommate. You could ask the roommate to fill out an application to rent and thereby identify who the roommate is. Once identified, you could choose to either (a) allow the roommate to live there if he meets your qualifications and signs the lease or (b) serve a notice and, if the tenant does not comply, start eviction procedures based upon the breach of the assignment and sublet clause of your lease.

Question: My great grandfather died last year and left me his home. I am trying to rent the house, and my realtor told me that I am required to inform prospective tenants of the death of my great grandfather because he died in the home. Is this really true?

Answer: In California, to avoid potential claims, residential landlords must disclose in writing all deaths occurring on the property in the previous 3 years.

Question: I want to rent out our condominium (we are buying a new house), and I need to know how much I can charge for a security deposit. Can I also charge a cleaning, pet and key deposit?

Answer: For tenancies entered on or after July 1, 2024, the maximum total deposit allowed is one month of rent, unless you are exempt from this limit. This deposit will include the total amount received as a deposit, including any cleaning, pet, or key deposit.

Provided by Kimball, Tirey & St. John LLP

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