This article was posted on Sunday, Apr 15, 2012

Question One: I am suing my tenant for eviction based on non-payment of rent. He claims that I will lose my case as I served the 3-day notice prematurely. I served him with the notice on the 3rd day of the month. He claims that the contract provides for a 5-day grace period and therefore I could not serve the notice until the 5th of the month. Is my tenant correct and will I lose the case due to this issue?
Answer One: Tell your tenant to start packing immediately. You are permitted to serve your 3-day notice, the day following the rental due date. A grace period determines when a late charge will be incurred. It does not change when rent is due. You, therefore, were permitted to serve the notice the day after the rent became due.

Question Two: I recently bought a four-unit apartment house at a foreclosure sale. One of the units is occupied by a person who refuses to identify himself, or state if he is a tenant. This is a rent controlled building. How do I handle this situation?
Answer Two: It is unfortunate but Federal and local governments make it easy and legal for residents to commit fraud after a foreclosure sale. If this person were a legitimate tenant, he would be protected by rent control. This means that you could not raise his rent or evict, unless you had good cause. If he is not identifying himself, my suggestion would be to assume that he is merely the previous owner. I would issue a 3-day notice to quit and proceed with an eviction. Once the eviction commences, if this person is a legitimate tenant, he would be forced to identify himself and to become part of the lawsuit. Once part of the lawsuit, he could be forced to produce his rental information.

Question Three: I have a lease with a couple. One of these tenants wishes to move and to give up her rights to the unit and the security deposit. The remaining tenant will remain in possession. What is the best way to handle this situation?
Answer Three: The person, who is leaving, should sign a statement that they are vacating and giving up their right to the tenancy and the security deposit. The remaining tenant should sign a new rental agreement.

Question Four: I own and occupy a condo in Laguna Beach which I use as my personal residence. I would like to rent it out for the summer months, as this really supplements my income. Since this is only a short-term rental, can I request that only adults be able to lease my unit? In the past, I have discovered that there is a high incident of wear and tear when children are occupying the unit. Do I have the right to do this, especially since this is my personal residence?
Answer Four: If you limit your choice of applicants to adults only this would be discriminatory and you could face being sued. My suggestion would be to request a maximum security deposit.

Question Five: I am a senior citizen and a Christian living in a single family home in the San Fernando Valley. I have decided that I need to take in a lodger to help with my expenses. Obviously, I would want to live with a female and I also would like to have a person with the same faith that I share. Can I limit my choices?
Answer Five: The Fair Housing Council sued, which is a roommate locating service. This company allowed their members to post specific criteria for their potential roommates. The U.S. 9th Circuit Court of Appeals sided with They stated that this was not considered a violation of housing discrimination. The court reasoned that the space rented by a roommate, is something other than a “dwelling” which would be subject to the Fair Housing Act.  Based on this ruling, you are free to live with anyone you choose.

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Question Six: I own an eight unit building in the City of Compton. It has come to my attention that the previous owner converted a 3-bedroom unit into two separate units. Each unit is occupied. One of the tenants is now refusing to pay the rent as he states that this is not a legal unit? Can he just stay there for free?
Answer Six: The law does not allow a landlord to collect rent on an illegal unit. You would have to terminate the tenancy in both units. Once the units have been vacated, you should return the units back to its original configuration. You might have a cause of action against the seller of the building for failing to disclose this condition.

Question Seven: I have an applicant for my unit that would like to bring in a dog. Normally, I do not rent to families with pets. Would it be permissible if I asked this family to pay a higher rent then advertised, for the privilege of allowing a dog to occupy the property?
Answer Seven: You have the right to set the rental amount for any of your units. Clearly, an animal can create more wear and tear to a unit. You would therefore be justified in charging a higher rent. This would not be considered improper discrimination.

Question Eight: My unit is located in Los Angeles and is under rent control. My tenants want me to clean their air conditioning duct with a NADCA certified cleaning company. They have allergies which they claim are getting worse. Is this my responsibility?
Answer Eight: I have never heard of the National Air Duct Cleaners Association. I guess I have lived a very sheltered life. In any event, it is the tenant’s responsibility to clean and maintain their unit. As such, the cost would be the responsibility of your tenants.

Dennis Block, of Dennis P. Block & Associates can be reached for information on landlord/tenant law or evictions at any of the following offices:  Los Angeles: 323.938.2868, Encino: 818.986.3147, Inglewood: 310.673.2996, Long Beach:  310.434.5000, Ventura: 805.653.7264, Pasadena: 626.798.1014 or Orange: 714.634.8232 or by visiting Don’t miss his Landlord/Tenant Radio Show, every Tuesday morning at 11:00 a.m., KTYM 1460 AM. Now, you can also read Dennis Block on Twitter, or text him at (818) 570-1557.

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