Q and A with Prop West

Q) My tenant is on a one year lease and just gave my a 30 day notice to vacate after his 5th month. Can I keep his deposit?

A) Yes. Once you take back possession of the unit you have 21 days to send out an itemization of the security deposit. On that you will indicate that the tenant owes rent for the remainder of his lease and any damages. When you subtract the security deposit, it will show a balance owed to the owner.

Q and A with Prop West

Q) An applicant with a service dog applied for one of my vacant units. I understand that I must allow this person to rent the unit if they qualify but I want to know if I can charge a larger deposit? I do not normally accept pets since I am concerned about the damage they can cause.

A) In this case I would not change the advertised deposit amount. It could be considered discrimination against handicapped individuals.

Q and A with Prop West

Q) I own a rent control building. One of my tenants took on a roommate and I accepted rent from the roommate. Now the original tenant is moving out. Can I raise the rent on the roommate?

A) According to California Civil Code 1954.53, once the original tenant moves out you are able to raise the rent to the market rent. This is still acceptable even tough you have accepted rent from the roommate and the unit is under rent control.

Q and A with Prop West

Q) I live in my rental apartment building with my girlfriend. I want her to move out and she will not. What legal rights do I have?

A) If your girlfriend is not paying any rent, this is considered a tenancy-at-will. You can terminate this type tenancy with a 30-day notice even if the unit is under rent control. If she does not vacate after the 30 days then you can begin eviction.

Q and A with Prop West

Q) I have a tenant with a non-emergency maintenance problem. I have my handyman all set up to to do the repair but the tenant is telling me that she will only allow access Monday-Friday from 7am -3pm. Does she have the right to set these hours?

A) Unless it is an emergency repair work should only be scheduled during normal business hours, Monday-Friday from 9am-5pm. Your tenant is being reasonable.

Q and A with Prop West

Q) I gave my tenant a 60-day notice to vacate. After the 60 days my tenant said they needed more time to move and paid the next month's rent. Now the month up and the tenants are refusing to vacate. Can I start eviction on them?

A) No. Since you accepted rent after the expiration of the 60-day notice you have cancelled the notice. You must now serve another 60-day notice and if the tenants don't move after the 60 days you can start eviction.

Q and A with Prop West: Rent Control

Q) I have a tenant in a rent controlled building that always pays late. I have to serve him a 3-day notice every month and he always pays by the third day. Can I charge my tenant for having to serve him a notice every month?

A) Yes, you can but only if it says so in his rental agreement.