1.Â What is the procedure when a death occurs in an apartment?
Answer:Â When the tenant dies, the lease is terminated if month-to-month, otherwise the estate of theÂ deceased is liable for rent up to the date the lease expires or the premises are relet.
2.Â We have a rental property that has a house and a studio in the back, separate from the house.Â The phone works in the house; however, the phone is not working in the studio. Both the houseÂ and the studio are rented by the same family. As I understand it, the owner must provide oneÂ working phone jack. Is that per house or per property?
Answer:Â Residential landlords are required to install at least one usable telephone jack and inside wiring
for any building intended for the residential occupation of human beings.
3.Â I recently purchased a triplex, and the escrow will be closing in a couple of days. The tenantsÂ are currently on a month-to-month rental agreement. Do I have to wait until the end of theÂ month or can I serve a 30-day notice as soon as I take possession of the property?
Answer:Â You can serve a 30-day notice at any time in a month-to-month tenancy. You do not need toÂ wait until the end of the month. You are also entitled to rent for the 30-day time period. If all ofÂ the tenants in the unit have been a resident for more than one year, a 60-day notice is requiredÂ to be served.
4.Â I rented to a couple who were constantly late in their rent payments. I went over to collect theÂ rent and it looks like they have moved out. There are still some personal items here and there.Â What should I do?
Answer:Â If you are sure they have vacated the premises, you can take over possession and store theÂ personal items in a reasonably safe place for 18 days after you send a notice of abandonmentÂ of personal property to their last known address. If they do not claim the property in that timeÂ period, and it is less than $300.00 in value, you can dispose of it any way you see fit. If it isÂ more than $300.00 in value, you must sell it through a public sale and give the profits to theÂ county.
5. Â I have heard five different answers from five different people. Please, tell me what I can legallyÂ deduct from my tenantâ€™s security deposit.
Answer:Â Rights and obligations regarding a residential tenantsâ€™ security deposit are governed byCalifornia Civil Code Section 1950.5. It is clear that you can use the deposit for cleaning,delinquent rent and damages above ordinary wear and tear. What is considered ordinary â€œwearÂ and tearâ€ is subject to a variety of opinions by judges. In order to convince a court that theÂ damages were extraordinary, check-in and check-out records of the condition of the apartment,pictures, receipts and opinions from those who did the work make the job of determiningÂ ordinary wear and tear easier for the court to decide.