Legal Questions- March 2013 Part 1

Kimball,Tirey & St.John LLP

Landlord/Tenant Questions & Answers

Ted Kimball, Esq.
March, 2013

1. Question: Can you tell me if someone needs any kind of certification or license to manage
property in California? I want to hire someone to manage some of my smaller (less than 10
units) buildings. This person will accept rent, give out notices, handle complaints, and supervise
maintenance work.

Answer: They are required to be a licensed real estate broker in order to manage property in
California for a third party. An exception is for a manager who lives on-site.

2. Question: We have a single family home that we believe has been damaged and neglected
inside by the tenants. Do we have the right to request access to inspect the property, with or
without the tenants permission?

Answer: You have a right to enter to provide necessary or agreed upon repairs provided you
give a reasonable written notice (24 hours is presumed to be reasonable).

3. Question: Am I within my legal rights to ignore oral notices and demand written 30-day
notice for a month-to-month lease termination?

Answer: Yes, California law requires termination notices to be in writing.

4. Question: We do not have any HUD housing. When a Section 8 applicant asks us if we
accept HUD housing, what is the best answer?

Answer: Indicate to the applicant that the property does not participate in any governmental
assistance program at this time, but they are welcome to apply if they are willing to forego their
subsidy.

5. Question: One of our tenants paid us $50.00 per month rent less than what his lease
required. We did not catch the mistake until after his third month. He says he does not owe it
because we waived our right to collect it when he paid his rent. Is he right?

Answer: Probably not. If your lease contained a non-waiver provision, it will be upheld in court.
Even if your lease were silent on this issue, he would have to prove that you knowingly waived
your right to receive full payment by accepting a lesser amount.

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