Home > Blogs > California > San Diego County > National City > Rent Sense: Preventative Legal is an Ongoing Requirement (part 4)

Neil Fjellestad's Blog


By Neil Fjellestad | Property Manager in San Diego County, CA

Rent Sense: Preventative Legal is an Ongoing Requirement (part 4)

I have asked Ted Kimball to regularly share some of his legal insights on important issues that arise in the ongoing operation of rental properties (single homes, individual condos and apartments). These responses should not be construed as legal advice until your specific circumstances are considered. Our Property Management firm has effectively utilized the legal counsel of KTS for years to keep ourselves and our rental owner clients out of trouble. We operate rental properties in 65 zip codes throughout the region. Neil

1. I understand a security deposit refund must be postmarked within 21 days of vacating the premises.  Is that correct?
The security deposit must be mailed within 21 days of the tenant vacating the unit.
2. 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. 
You need to send him through the eviction process.  If he was purely an employee, you may be able to immediately file the unlawful detainer action.
3. Is it illegal for an owner to charge for his own labor (as long as it is the going rate for that type of work) and deduct that amount from the tenant’s security deposit? 
It is not illegal to deduct for your own labor from the tenant’s security deposit.  You can charge a reasonable hourly rate and you must state the time and rate in your security deposit 
disposition statement. 

4. I have a tenant that I strongly believe is selling and using drugs.  What actions can I take without having any evidence? 
In order to use the illegal drug activity as a basis for eviction, you have to prove that the drug activity is going on; otherwise if you are on a month-to-month tenancy, you can serve a 30 or 60-day notice without cause unless you are in a rent controlled area.  You should also call the police.

Copyright © 2014 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer