FAQ

EVICTION

I am a tenant, can you help me defend an eviction?

No. The Duringer Law Group is one of the very few, if not the only law firm that limits its practice to the representation of owners and managers of rental property exclusively. Since we represent many landlords throughout Southern California, there is a high probability that we currently represent the owner or management company managing your apartment. The vast majority of landlords are willing to discuss arrangements with you to work out any issues that you are now facing. Try calling your landlord, or his attorney, be honest, and try to reach a solution. The last thing you want to do is play games with the system. Odds are you will lose and have a judgment entered against you that will remain on your tenant profile and the credit bureaus for 10 years or longer. It will be difficult, if not impossible, to rent again, and you will have to pay the money back, along with the attorney fees and costs incurred by your landlord. Before you go down that path, try and work it out.

I have property in Southern California, how long does a typical eviction take?

Does your firm handle commercial cases as well?

What counties or courts does the Duringer Law Group handle?

REPAIR & DEDUCT

One of my residents is taking advantage of me. Lately, he’s been deducting a portion of his rent because he claims to have fixed things in the apartment, and he thinks I should reimburse him for his efforts. I just saw his most recent rent check and it’s $118 short. Seems like he had to replace all of the faucet washers because one was apparently leaking and he doesn’t want to waste water. Not only did he charge me for the three washers, but he thinks he’s worth $85.00 an hour for his time. Had he told me, or my handyman, the problem could have been easily corrected in about twenty minutes. This is the third time he’s done it this year, can he do this?

SMALL CLAIMS

I’ve been on the receiving end of several small claims actions recently claiming that I withheld more of the security deposit than I was rightfully entitled. After going to trial on a couple, it seems like there isn’t really one correct way to do it. It seems like each judge that heard my cases had a different opinion as to how much I could rightfully deduct for certain items. Can you give me some guidance that will keep me ‘out of court?’

ROOMMATES & SUBLETTING

Many of my rental units are in central Los Angeles near the campus. Of course, most of my current residents are full or part-time students. The units are large and are typically shared by four or five roommates. I’ve been reading your articles and am familiar with fair housing rules and proper tenant screening procedures, but I have been faced with a dilemma and I’m not quite sure the best way to handle it. Often, one of the roommates goes out of town for an extended period, or just plain moves out and takes the liberty of replacing himself with another. I usually don’t even know it happens until I happen to be at the building fixing something or collecting rents. My buddies say it’s best to just ‘look the other way’ and not acknowledge the new ‘tenant,’ and to be happy to get the rent on time from whoever is willing to pay it. I’m not sure that is the best way to handle the situation. Any advice?

TENANT SCREENING ISSUES

I’m getting conflicting advice about whether or not I must rent to someone that does not have a valid social security number or an official picture ID. Seems like all the Fair Housing guys say I ‘can not discriminate’ and that I must rent to all, regardless of whether or not the prospect can prove who he is, or verify his tenancy history, or his ability to pay the rent. I have been following that advice for years, and now have a building full of undocumented people that I could never find in a million years if I ever had to collect from them. I want to take my building back and only rent to persons that qualify. People that have verifiable identities and credit and are good credit risks. What are my rights?

I have property in Southern California, how long does a typical eviction take?

A prospective resident recently applied for one of my rentals. He seems nice and all, but when he filled out the application, he left a blank where his social security number should go; he said he didn’t have one. He had a California driver’s license and something called a Matricular Consular card. He seemed a bit combative when we discussed this issue, said that his attorney said I had to rent to him — that I couldn’t discriminate against him as long as he could afford the rent. Must I rent to him? How do I verify any of his information?

I’ve been going through several applications I received for one of my vacancies. I don’t seem to be receiving as many applications as I have in years past — a sign of the times I guess. This one guy looks good, but he works from home selling items on eBay. His credit is acceptable — not stellar but not bad either. I guess he used to be in middle management, got laid off a few years ago, and now he just sells stuff from home. Well, if he really makes what he claims to be making, he’ll qualify. The trouble is I’m not sure how to verify. He’s offered his tax returns, but I know those may not be very reliable. How do I verify his income?

ALTERATIONS WITHOUT CONSENT

I can’t take it anymore. Every time I visit my building, there is another satellite dish bolted to my facia or attached to the roof. It’s not just the satellite dish folks; I’m having the same problem with the cable guys. They spread cable all over my brand new roof; leave nails and screws scattered all around, and certainly are causing premature wear to the roof by all of their activities up there. And of course, all without my permission. No one should be on my roof! What do I do?

RENTAL DROP BOX

I’ve been thinking of installing a drop box somewhere on my property so that the residents can put their rent checks in it. I’m thinking I’ll save them a stamp and get the rents sooner. Any problem with doing this?

DANGEROUS PET

Most of my rental units are large and many have an enclosed yard. I think that tenants with dogs tend to stay longer because not many buildings accept pets, so I allow my tenants to have pets. I recently received a letter from a resident complaining that another resident’s dog growled and seemed to lunge at her poodle. Now, I like dogs — not necessarily poodles (nervous little creatures) — I think that the poodle probably started it, but I don’t know for sure. Anyway, no harm was done —no bites, no blood — should I be concerned?

ABANDONED ANIMAL IN RENTAL UNIT

I remember in the past whenever a resident would leave a pet behind in the unit after they moved out, the local animal control would always refuse to take it. Is that still true now?

DOMESTIC VIOLENCE

Just got a hysterical call from one of my residents. She recently moved in with her boyfriend. They are just three-weeks into their one-year lease. She said her boyfriend hit her, and she was in the process of moving out. Not sure what to do — don’t really even know who started the fight — she seems more violent than he does. I can’t make her stay, but she was the one with the job, and he’s a bit of a deadbeat. I haven’t seen anything in writing. How do I handle the situation?

BAR-B-Q’S

I’ve always loved to barbeque, but I’ve always been concerned about the fire danger in an apartment community. I’ve thought about restricting the use, but I’m not sure if my tenants would be upset. What are most owners doing?

LANDLORD LIABILITY FOR DAMAGE TO RESIDENT’S PERSONAL PROPERTY

I recently purchased a small building in a very densely populated area. The property has underground parking for about 12 cars below the complex. After the rains last month, a leak occurred in the ceiling of the parking structure. The water collected in one of the drains, got pretty dirty and rusty, then leaked down onto a resident’s car. As it turns out, one of the car’s windows was left 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 and offered to have her car washed and detailed. She accepted. I just received the tenant’s rent for this month and it’s $650 short. The tenant included a letter stating that she had deducted the cost of the damage to her personal belongings. Can the tenant do this?

LANDLORD’S RIGHT TO ENTER RENTAL UNIT

My building has been on the market for a while, waiting for a buyer. I received an offer and we opened escrow a couple of weeks ago. The buyer is doing his due diligence and is going through the books and records. A couple of issues arose. First, the buyer’s inspection company is doing inspections of the units. My manager served written notices to all and provided well over the required 24-hour notice of the upcoming inspection; most got at least three days prior notice. Well, one of my residents, a long-termer, just sent me a letter warning me that if anyone enters “his” apartment he will sue everyone. He says he used to go to law school, that he knows his rights, and says I can’t go in. Needless to say, this was unexpected. I have the inspectors, appraisers, and the buyer scheduled to visit at the same time. The buyer is very hands-on and says he must personally inspect each unit. If he doesn’t let me in, it may jeopardize the sale. What do I do?

I am a very conscientious landlord. I want to ensure that my rentals are well maintained and that any maintenance issues are addressed immediately. Every year, I send a notice to my residents informing them that I will inspect each unit. I have been doing this for years without any problems. This month I received a letter from one of my tenants telling me that I had no right to enter his apartment to look around — that he would not let me in. What do I do? Can I force my way in to do the inspection?

TENANT BANKRUPTCY

I am currently in the middle of an eviction for a non-paying residential tenant. Usual thing: the tenant didn’t pay rent, I served a three-day to pay or quit — he didn’t. I filed an eviction, he answered; the trial is set for next week. Now he tells me that he filed bankruptcy over a month ago, before I filed the eviction, and that I have to start all over. Do I?

GENERAL LANDLORD-TENANT QUESTIONS

Seems like my residents just keep paying their rent later and later each month. I usually try and work with them; I don’t even begin to nag them until about the tenth of the month. I’ll start with a phone call, and then when they don’t call back, I send them a reminder note. Often the rents don’t come in until after I serve a notice to pay or quit, usually after the twentieth of the month. My lender doesn’t seem to care; they still want their payment of the first. How can I change this pattern?

Seems lately my tenants pay their rent with whatever they can — cash, personal checks, money orders, etc. Sometimes they endorse their payroll checks over to me. I have allowed this over the years to help my tenants out, and quite frankly, I get my rent earlier that way. But when they don’t pay on time, or if a check bounces, I demand certified funds only on my three-day notices to pay rent or quit. Am I doing anything wrong?

I just closed escrow on a small building and I’m trying to figure out who’s who. I received the rental agreements, but the tenant information seems incomplete. The applications, the few that I’ve found so far, are old and outdated. I can’t seem to find any telephone numbers for the residents, and I’m not really sure that the names on the agreements are the same people who actually live in the units. I’ve read your articles before and I know the importance of reviewing the files and doing thorough due diligence before closing escrow, but this deal just happened too fast. Now that I’ve closed escrow, what can I do to clean up the records?

What do you think about the practice of allowing a tenant to directly deposit his rent check into my checking account? Seems simpler than requiring him to mail it to me, then my having to go and deposit it into my bank. I know a few owners that do this and it seems to work out well. Any problem with this?

Some of my leases are coming up for renewal in the next few months. One of these leases is for a resident who has been a thorn in my side since the day he moved in. If I don’t want to renew him, do I need to provide him a reason? Also, do I need to serve any particular type of notice?

I just took over management of a small apartment building in a non-rent controlled area. All of the residents have lived here for many years, and it appears that none of the residents have more than $200 as a security deposit on file. I always require at least one-month deposit on all of my rentals, no exceptions. Should I serve notices requiring the tenants to pay additional deposits?

FAIR HOUSING ISSUES

One of my elderly residents recently fell and broke her hip, and it looks like she won’t be getting around very well ever again. She has been living in our building for many years and I would hate to see her move; everyone loves her. Her daughter asked if I would install grab bars in the shower and in the bathroom and kind of implied that I must do it at my expense because of the ADA requirements, whatever they are. Now this resident is very sweet, but I just cannot afford to spend the money, my husband and I are barely making it as it is. Do I have to allow my resident to install the grab bars and do I have to pay for the cost?

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