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accept rent beyond the expiration date of the Notice Qof Termination of Tenancy.
uestion: I served a 60-day notice that expires on the 15th of the month. How much rent should I accept and be paid for the month in
which the notice expires?
Answer. You can only accept 15 days of rent for that particular month. You should always pro rate rent based on a 30 day month irrespective
Qof how many days there are in the month.
uestion: I recently purchased a triplex, and the escrow will be closing in a couple of days. The tenants are currently on a month-to-month
rental agreement. Do I have to wait until the end of the month or can I serve a notice of termination as soon as I take possession of the property?
Answer. You can serve a notice of termination of tenancy any day of the month; it is not required to expire at the end of the month. You are also
Qentitled to rent until the notice expires.
uestion: I have heard five different answers
from five different people. Please, tell me
what I can legally deduct from my tenant’s security deposit.
Answer. Rights and obligations regarding a residential tenants’ security deposit are governed by California Civil Code § 1950.5. Allowable uses are cleaning, delinquent rent and damages above ordinary wear and tear. What is considered ordinary “wear and tear” is subject to a variety of opinions by judges. Move-in and move-out records of the condition of the apartment, pictures, receipts, and opinions from those who did the work can establish damage beyond ordinary wear and tear.
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uestion: I recently received an application from a young married couple. He is twenty but she is only seventeen. I told her she was
too young to sign the rental agreement and he had to qualify on his own even thought she was working. She said because she was married, she was qualified to sign. I never heard of this law. Is she right?
A
in the military, married, or are emancipated by order of the court. You therefore should treat her the same
nswer. California recognizes an individual’s right to enter into binding contracts if they are
eighteen years of age or older, in active duty
Qway as you would any other adult applicant.
uestion: A couple recently applied for one of our vacant units. They have jobs but do not quite qualify for the unit (under my rental
criteria, they need to make three times the amount of the rent). They said that his father would be willing to co-sign as a guarantor in order to qualify. How should I work this arrangement on the lease?
A QForms Library.
nswer. Use a separate, well drafted guaranty form. The Apartment Association of Greater
Los Angeles has a guaranty form in its Legal
uestion: One of my two tenants on the lease moved out due to a job transfer. The remaining tenant would like to stay and pay
the entire amount. Do I need to write up a new lease or simply prepare an addendum stating the remaining tenant is solely responsible?
A
the vacating resident may remain rent responsible) or terminate the existing lease and enter into a new lease with the remaining resident.
nswer. You can amend the lease to remove the vacating tenant or keep the current lease
in place without amendment (in which case
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