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Question: Can residents sit outside their front door and drink beer or smoke cigarettes? AOther residents are complaining.
nswer: If the outside portion where they are drinking beer or smoking is part of the common area of the premises, you can
restrict that activity so as long as it is restricted for all residents. If it is part of their rented space, you cannot, unless they are causing unreasonable
Qdisturbances to other residents.
uestion: I purchased a rental property two years ago and the security deposits need to be increased. Most of the deposits are
unfurnished. If the tenant is a member of the military the limit is one month for an unfurnished unit. Be cautious of rent control jurisdictions that may have
$1,000 and need to be increased to $1,800. What is he best way to do this?
nswer: If they are on a month-to-month tA
Q
agreement, you can serve a thirty (30)-day
notice changing the terms of the tenancy to increase the deposit amount. You can charge up to twice the amount of the monthly rent if the unit is
Questions
&Answers by Kimball, Tirey & St. John LLP
Qother limits on the deposits.
uestion: Who is responsible for the expense of carpet cleaning and painting when a tenant vacates a unit? Is its lawful to pass
nswer: Under California law, the carpet oA
was when the tenant first moved in. Any necessary cleaning is the tenant’s responsibility, and the cost may be deducted from their security deposit. Painting may also be charged to the departing tenant if the need to paint arose out of extraordinary wear and tear while the tenant occupied the apartment.
uestion: We rented to three roommates who all moved in at the same time. One moved
out a couple of months ago and the other
n this expense to the departing tenant?
must be left in the same clean condition it
Kimball, Tirey & St. John LLP is a full-service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to seek legal advice. For contact information, please visit our website. www. kts-law.com. © 2022 Kimball, Tirey and St. John LLP
AMM1/6 APARTMENT MANAGEMENT MAGAZINE - JULY 2022 63