Legal Q & A By Franco Simone

Q: I am a landlord and my previous tenant owes me money. What is the procedure to file a small claims lawsuit? A: You will first need to prepare and file a Plaintiff’s Claim and Order to go to Small Claims Court (SC-100). This form is found online or purchased at the San Diego Superior…

Legal Q & A By Franco Simone

Q: There are a lot of young families that live in my apartment building. I have a vacant apartment in my building and began taking applications. Can I search my new rental applicants on the Megan’s Law Website to see if they are sex offenders? A: No, California law prohibits landlords from using the Megan’s…

Legal Q & A By Franco Simone

In this article, the Tenant Protection Act of 2019 may be referred to as California Rent Control or the Act. The Act passed into law in 2019, which implemented statewide just-cause termination requirements and rent increase caps for many rental properties. Q: I own two condominiums in San Diego County and a friend recently mentioned…

Legal Q & A By Franco Simone

Q:  I served my residential tenant with a 60-day notice to quit with cause and he called me during the notice period to tell me he moved out and I could take back possession of the property. He left the keys in the mailbox and he left a significant amount of his stuff behind. What…

Legal Q & A By Franco Simone

Q: A real estate agent reached out to me and I think I want to sell the condominium that I rent out, but I have a tenant living there. They are in a one-year lease that does not terminate until January 2022. Can I break the lease because I am selling the property?  A: No,…

Legal Q & A By Franco Simone

Q: My tenant has not been affected by COVID-19 and their failure to pay rent is not related to COVID-19. They gave me a Declaration of COVID-19 Related Financial Distress. Does my tenant have to prove that they are affected by COVID-19? A: No, currently there is no requirement for the tenant to prove they…

Legal Q & A By Franco Simone

Q: Six months ago, I rented my two-bedroom apartment to a single woman with a one-year lease. She wants a roommate. Do I have to allow my tenant to have a roommate? A: It depends. Most leases include a clause that prohibits or authorizes tenants to have a roommate or add additional occupants. If you…

Legal Q & A By Franco Simone

Q: My tenant paid his January rent with a personal check. Several days after I deposited the check, the bank notified me that the check was dishonored because there were insufficient funds. I no longer want to accept personal checks from this tenant.  Can I demand payment of rent in cash? A: Yes, if your…