Law Offices of Stephen C. Duringer

FREQUENTLY ASKED QUESTIONS (FAQ)

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1.	I own a small building near a community college. I rented an apartment to three roommates quite a while ago. All three signed the rental agreement as co-tenants. One of the three is now moving out, but the other two are staying. The one moving out is demanding that I return his portion of the security deposit. Do I have to?
2.	As a rental property owner, I have not encountered this situation before. I have a tenant who is on a month-to-month tenancy. However, after five years, this tenant died and now his family wants to continue with the tenancy until the family can finalize the deceased tenant’s estate. The deceased tenant’s family informed me that the rent would be paid under the same terms and conditions as the tenancy. I thought that the death of the month-to-month tenant automatically terminated the tenancy. Am I right or do I have to allow the deceased tenant’s family keep the tenancy “open” if they continue to pay the rent?
3.	I have a problem in one of my rental properties. The property has parking below the complex for the residents. Apparently, due to the rains, a leak occurred in the ceiling of the garage. The water collected in one of the ducts, becoming quite dirty and rusty. This water then leaked down onto a resident’s car. As it turns out, the car’s rear passenger window was cracked open and the water leaked onto several of the tenant’s personal belongings. Needless to say, the tenant threw a tantrum in the management office the next day. I apologized profusely and offered to have her car washed and detailed. She accepted. However, the next month, this tenant’s rent was $450.00 dollars short. Along with the rent, the tenant included a letter stating that she had deducted the cost of the damage to her personal belongings. Can the tenant do this?
4.	I recently bought a ten unit building in a “rough” area. Seems like a day doesn’t go by without a shooting or robbery in the neighborhood. I have a vacancy now, and I don’t know if I have to tell the prospective residents about all the stuff going on. If I did, no one would rent, what do I do?
5.	An applicant requested that we accept her because she qualified for the HUD Section 8 housing program. When I informed her that we did not accept Section 8 housing she said that I must. Is this true?
6.	I like to give my residents an incentive to pay their rent on time. My rental agreement provides a discount to my tenants of $25.00 if they pay their rent on time. Specifically if they pay on the first their rent is $900.00, but if they pay on the second or later it is $925.00. My question is, which amount do I put on the three-day notice to pay rent or quit if they don’t pay at all?
7.	My building has just enough parking spaces for my residents to each have one space. If a resident has more than one car, they must park it on the street. It has been working out fine for years but now I have this one tenant who refuses to follow the rules. He is constantly parking his second car in someone else’s assigned spot. I’ve told him several times but he just ignores me. What do I do?

1. No, the security deposit remains with you as long as any of the co-tenants remain in possession of the rental unit. Absent a written agreement to the contrary, when all the remaining roommates vacate, the refund check should be made payable to all three of the roommates. You may, however, reach an agreement with all parties

2. Yes, you are mostly correct. Month-to-month tenancies are terminated by notice of the tenant’s death. (California Civil Code section 1934). The death of a month-to-month tenant prevents the tenant, or the tenant’s estate or relatives from exercising his or her right to continue in possession. Thus the month-to-month tenancy terminates as of the thirtieth (30th) day following the last payment of rent before the tenant’s death and no further notice is required. Here, you would not have to allow the deceased tenant’s family to continue with the month-to-month tenancy simply because they wish to continue to pay the rent.

3. No. A water spill onto a resident’s car has nothing to do with the tenant’s obligation to pay rent. As such, the tenant may not deduct these items from her rent. You would be within your rights to serve the tenant with a 3-Day Notice to Pay Rent or Quit for the $450.00 difference. As far as the damage to her personal property, the landlord is generally not liable for the tenant’s personal property unless the landlord was somehow negligent.

4.In many areas throughout California, crime is a fact of life. When asked by the prospective resident about crime in the area, refer them to the local police department for statistics. Be careful not to portray your building as a “security” building or advertise it in any way that may create a false sense of security or safety. If your property provides an increased risk of harm, or has had a recent rash of criminal conduct, you may have a duty to disclose this fact to the prospective resident, even if not asked.

5. No. Section 8 is a HUD program that provides payment for the rent partially by HUD and partially by the tenant directly. While there are certain benefits to participating in the HUD Section 8 program, there are many drawbacks as well. Many owners and managers object to the subjective inspections, just cause requirement for eviction, limitations on security deposit, added bureaucratic involvement, and the fixed term tenancies. There is no requirement that you accept Section 8 tenancies.

6. Most courts would require that the three-day notice only demand the $900.00. Most courts would consider the additional $25.00 a penalty or a disguised late charge. The courts would reach this conclusion based on the terms of your agreement, that is if the due date, per the agreement, is the first, then the proper amount of rent to demand is that amount that was required to be paid on the first, specifically the $900.00. However, an incentive that encourages early payment, specifically payment before the first, would survive because the amount due on the first would be $925.00, but if paid prior to the first, only $900.00.

7. Your written community rules and regulations should specify your parking rules, specifically stating that only one vehicle may be parked on the premises, and that all parking is assigned. Ensure that you have the proper signage at the entrances of the parking area. Most cities require the sign to contain certain restrictive parking language, plus the local police department telephone number, and the California Vehicle Code section that provides for towing of unauthorized vehicles. Contact your local police department for their specific requirements, as they vary from city to city. Next if you know the offender, then provide a written warning of the violation. Attempt to serve it at his residence, post it on his door if he’s not in, and also put the warning on the windshield of his car. If practical, take and save a photograph of the warning on the vehicle windshield, because the offender will always claim that you did not give prior notice before towing. If he fails to remove the offending vehicle, the car may be towed, according to the terms of your parking rules.

The foregoing is provided as general legal information regarding general legal topics. Specific inquiries regarding a particular situation should be directed to your attorney. The Duringer Law Group, PLC is one of the largest, and most experienced law firms specializing in landlord/tenant law, representing landlords exclusively. The firm may be reached at 949.851.1575 or 800.829.6994, or DuringerLaw.com.