Q and A with Prop West: Evictions

Q) One of my tenants did not pay rent or move out after I served them a 3-day notice so I began eviction. The tenant's attorney put in a demand for a jury trial. Is this legal and what are my options?

A) It is legal to demand a jury trial for an eviction case. Most likely the attorney is hoping that they will win and that you will have to pay for the attorney costs. Check your rental agreement to see if any attorney fees are limited to $500.00. If so, that could eliminate the financial incentive out of a jury trial request.

Q and A with Prop West

Q) I am behind on my mortgage payment for my tri-plex. I received a "Notice of default" and so did my tenants. My tenants are now saying that they don't have to pay me rent. Is this true?

A) It is not true. The tenants still owe you rent until the property is sold or defaults back to the bank. Then the new owner would be entitled to the rent.

Q and A with Prop West

Q) My tenant of 12 years is moving out. The carpet and window coverings have to be replaced. What can I deduct from his deposit?

A) You are allowed to deduct for reasonable cleaning and unusual wear and tear. Since the carpet and window coverings are 12 years old the cause for their replacement is simply age, not unusual wear and tear by the tenant. Therefore, you should not make any deductions.

Q and A with Prop West: Rent Control

Q) I have been renting to one of my tenants for ten years. About a year ago his girlfriend moved in and the started paying me rent. I have not added her to the rental agreement. Now my original tenant is moving out but the girlfriend is staying. Can I raise the rent to market value or can I only raise it the 3% that the Rent Stabilization allows?

A) Per Civil Code 1954.53 this would be considered a new tenancy and you can raise the rent to market value. If the rent will raise more than 10% you must serve a 60 day notice.