Simone & Blevins

Category: Uncategorized

  • 2019 Small Claims

    Q: What can I do if my tenant still owes me money after I applied the security deposit to the outstanding balance for unpaid rent and necessary costs to clean and repair the rental unit?

    A.  First, you will need to fill out a security deposit itemization for back rent, cleaning costs, and damage beyond normal wear and tear. Deduct the security deposit from the amount owed, then request the tenant pay you the remaining sum due. You are required to mail the itemization and receipts for materials and labor within 21 days of the tenant vacating. Second, if the tenant fails to pay for the balance not covered by the security deposit, then you may file an action against the tenant to recover the outstanding sum. You can do this in small claims court.  You will need to know where the tenant lives or works to serve him or her with the lawsuit.

    Q.        I forgot to send the security deposit itemization within 21 days of the tenant vacating. Can the tenant sue me for more than just the security deposit amount?

    A.Yes, if the security deposit is mishandled in bad faith, then the tenant may be entitled to up to three times the security deposit. However, if the tenant sues you in small claims court, then the total amount cannot exceed $10,000 as this is the jurisdictional limit in small claims court.  To request sums more than $10,000, the tenant would have to sue you in Superior Court.

    Q.        I am a landlord and my tenants vacated two weeks ago. There is so much damage to the property that I will not be able to produce a full Security Deposit Itemization and receipts within 21 days of the tenant vacating. Can I wait until the repairs are done to send the Security Deposit Itemization? What can I do to collect money for all of the damages?

    A.If there is extensive damage to the unit that exceeds normal wear and tear, then the landlord is required to send an estimated security deposit itemization within 21 days of the tenant vacating. Once the work is completed, the landlord must send an updated security deposit itemization, including all receipts and invoices supporting the charges, within 14 days.  If the tenant still owes you money after applying the security deposit, you may file an action in small claims court.  In small claims court, you will need to prove the extent of the damages and provide evidence to the judge including, if avilable, photos, a copy of the lease/rental agreement, move-in/move-out checklist, and copies of all receipts and invoices. You should organize these items into a packet for yourself, the tenant, and the judge. Additionally, you may want to submit a short trial brief to the judge to lay out your position and damages.

    Q.        I followed California Civil Code §1950.5 and sent a security deposit itemization with receipts to my tenant within 21 Days of them vacating. My tenant sued me in small claims court for their security deposit, but they owe me for over $10,000 worth of damages and unpaid rent. What can I do to get the judge to award me the money the tenant owes?

    A. You will need to file a counterclaim. In your counterclaim, you may request damages up to $10,000. Once you file your claim you will need to attend your hearing and present your case to the judge. If you win at your small claims trial, then the judge may award you a judgment for the money the tenant owes you. If you want to sue the tenant for more than $10,000, then you will need to file an action in Superior Court.

    Q. I went to small claims court because my tenant sued me for the return of their security deposit. The judge ruled that I did not have enough evidence or receipts and awarded the tenant the full security deposit plus attorney’s fees. Can I appeal this case? If so, how long do I have to appeal it?

    A. You may appeal your small claims case within 30 days after the date the Notice of Entry of Judgment was mailed to you by the court clerk. The case will be heard again without consideration of the previous ruling. In the appeal, you and your tenant may be represented by an attorney. If you do retain an attorney, you should try to settle the case one last time. Settling the matter, will take the expense and risk out of having to go to trial again.

  • 2019 Abandoned Property

    Q:  I served my residential tenant with a three day notice to pay rent or quit and he called me during the 3 Day Notice period to tell me he moved and I could take back possession of the property. He left the keys on the counter and he left some of his stuff behind. What do I do with the stuff he left?

    A: Since the tenant gave you possession of the property, you may consider the items abandoned. You must serve a notice of right to reclaim abandoned property itemizing the personal property left by the tenant and keep the items for at least 15 days if personally served (18 days if mailed). After the notice expires, you must determine the value of the property, which dictates the method of disposal. If the property is worth less than $700, you can dispose of it however you choose.  However, if the property is valued at over $700, you must sell the property at a public auction. The procedures to sell the property at public auction are complicated and you should consult with an attorney prior to such auction.

    Q:  My tenant gave me back possession of the apartment but left personal property in the unit. I served my tenant with a notice of right to reclaim abandoned property. I want to start making repairs to the apartment. Can I move my tenant’s personal property that he left behind while I wait for the notice to expire? 

    A: Yes, you may move the tenant’s personal property to a dry and secure location, such as a storage unit or garage on the property. You may also move the personal property into an off-site storage area.  If these options are unavailable to you, then you may simply leave the property inside the unit and keep the unit secured until you dispose of the property. 

    Q:  I have not heard from my residential tenant in over a month, have not received rent, and I think he abandoned the property. I posted a proper 24 hours notice to see if the property was abandoned, but he left a TV, a sofa, clothing, and other miscellaneous personal items. I still think the property is abandoned. Do I need to serve a notice before taking possession of the property?

    A: Yes, you may serve a notice of belief of abandonment. You may serve this notice if the tenant has not given you back possession of the property, you reasonably believe the property is abandoned, and the tenant has not paid rent for rent for at least 14 days. If the tenant does not claim a right to the property within 15 days (if personally served) and 18 days (if mailed), then you may take back possession of the property. At the time you serve the notice of belief of abandonment, you may consider serving a notice of right to reclaim abandoned property, which includes the personal property left at the unit. However, you should consult with counsel prior to serving these notices.

    Q:  I filed an unlawful detainer against my tenants and the Sheriff came and locked them out of the property. Do I need to give my tenants notice of right to reclaim abandoned property?

    A: No, when you go through the court eviction process and the Sheriff conducts a lockout, you are not required to give the tenant or the owner of any property left behind any additional notice. However, you are required to wait 15 days after you receive possession to dispose of the property.  During the 15 days, you must provide your tenants with reasonable access to collect their personal property. You may also charge reasonable storage fees, but cannot condition return of the property on payment of outstanding rent. After the 15 days expire, you may dispose of the property. Again, the manner you use to dispose of the property will depend on the value of the items.

    Q: How can I dispose of abandoned property worth less than $700 after I wait the appropriate 15 or 18 day time periods? 

    A: If the total value of the abandoned property is less than $700, you may keep, donate, throw away, or sell the property.  You should also take an inventory and/or pictures of the items that your tenant left at the premises to keep in your tenant file.

    Q: What is a public sale and what do I do with the proceeds?

    A: If the property left behind after the appropriate 15 or 18 day period is valued at more than $700, then you must sell it at a public sale. A public sale could be in a newspaper, online, or a garage sale. You must publish notice of this sale in a local newspaper at least once a week for two consecutive weeks prior to the sale and describe each item for sale. 

    After the sale, you may deduct the costs of storage, advertising and conducting the sale from the proceeds.  Any remaining balance must be paid to the county treasurer.  The former tenant or owner of the property then has one year to go to the county treasurer to collect the money.

  • 2019 Roommates

    Q:  My tenant is requesting to add a roommate to her lease. Do I have to allow my tenant to have a roommate?

    A: It depends on the terms of your lease. As a landlord, you may include a clause in your lease or rental agreement that authorizes or prohibits your tenant from having a roommate. If you allow your tenant to have a roommate, you should screen the potential roommate as you would any other applicant. If the prospective roommate does not qualify, then you may deny their application. If the prospective roommate qualifies, then you may request your existing tenant and the new tenant sign an addendum to your lease to add the new tenant or execute a new lease/rental agreement.  Either option will ensure that the new tenant has the same rights and obligations as the original tenant.

    Q: I’m a Landlord and have 3 tenants on one rental agreement in my unit. The tenants paid me one security deposit. One of the tenants is moving and wants his portion of the security deposit back. Do I have to return a portion of the deposit to the tenant?

    A: No, you are not required to return the security deposit until all tenants under the same rental agreement have vacated the premises.  However, if you assigned the security deposit amounts individually on the rental agreement, then you would be required to return the tenant’s portion of the security deposit when he vacates.

    Q: My tenant has always had a lot of roommates to help him pay the rent. I allow him to sublet to 2 people at a time. He stopped paying the rent 2 months ago and now one of the roommates told me the original tenant moved out. What do I do?

    A: The original tenant that moved did not give you possession of the property and you are still entitled to rent. You may serve the tenant with a three day notice to pay rent or quit and begin the eviction process as soon as possible. If you know the subtenants’ names, then include them on the notice. You may also try to make an agreement with the subtenants to move or enter into a new rental agreement and pay you the rent that is owed.

    Q: I am a landlord and have a unit rented to one tenant. My tenant got a roommate and signed a sublease with them. Now, my tenant wants my help to evict the subtenant. Do I need to file the eviction?

    A: No, your tenant must evict the subtenant. When a tenant subleases a property, they are acting as landlord to the subtenant and are required to file the eviction. If the tenant is breaking your lease by having a subtenant or is breaching the lease in any other way, then you may evict both the tenant and subtenant. If you allowed the tenant to sublet the premises, then you may encourage your tenant to seek legal assistance with the matter. 

    Q: I rent an apartment to two tenants. One of the tenants is moving and the other tenant is getting a new roommate. Do I have to sign a new rental agreement with the new tenant?

    A: No, you are not required to sign a new rental agreement with the new tenant. However, it is a good idea to either execute a new rental agreement or complete an addendum to the current rental agreement. The addendum should release the tenant that is moving and bind the new tenant to the existing contract.

  • 2019 Illegal Late Fee

    Q: I rent a residential unit to a tenant on an oral agreement. The rent is due on the 1st of every month. The tenant keeps paying late and I want to charge him late fees. Can I do this?

    A: No, you cannot charge a late fee without a proper late fee provision in a written lease or rental agreement. A late fee provision may be used in a residential lease when it would be impracticable or extremely difficult to fix the actual damages incurred by the landlord.  The landlord and tenant must agree that the amount charged bears a reasonable relationship to the actual costs and damages that the landlord will incur from the late payment.  Without a proper late fee provision, you cannot enforce a late fee on your tenant.

    Q: This is my first time renting out my residential unit and I am filling out the proposed lease. There is a late fee provision in the lease that allows me to charge a percentage of the rent or a flat fee. How much can I charge for the late fee?

    A: It depends. A general rule is that your late fee should be no more than 6% of the monthly rent. For example, if your tenant pays $1,250 in rent per month, then you may charge up to 6% of $1,250, which is a $75 late fee. Your Lease also gives you the option to write in a flat fee, however, the late fee will be considered excessive if it is over 6% of the monthly rent.  Remember, the landlord and tenant must agree that the amount charged bears a reasonable relationship to the actual costs and damages that the landlord will incur from the late payment.

    Q: I have a residential tenant that pays late every month. He pays the late fee as required by the lease, but I want to raise the amount of the late fee to 10% to punish the tenant and encourage him to pay on time. The tenant has agreed to pay the higher late fee. Can I do this?

    A: No, a late fee is not a punishment. A late fee is used to estimate the damages that are incurred by the landlord from late payment of rent. Even if the tenant agrees to the 10% late fee, this is considered excessive and is an illegal late fee provision. If the tenant pays too much for late fees, the landlord may have to credit the tenant back a portion of the late fee or the entire amount.

    Q: The late fee provision in my lease states that if the tenant fails to pay rent by the 5th day after the rent is due then the tenant will incur a late fee. Do I charge the late fee on the 5th?

    A: It depends. The wording of the late fee provision is very important. If the rent is due on the first and the late fee provision states the late fee is incurred if rent is not received 5 days after the due date, then five days after the 1st would fall on the 6th. Therefore, the tenant would have until the 6th to pay without incurring a late fee and the late fee should be charged on the 7th. If your late fee provision states that a late fee will be incurred if the rent is not received by the 3rd day of the month, then you may charge the late fee on the 4th. If you believe you have charged your tenant the late fee too early, then you will need to review your ledger and reimburse or credit the tenant for the prematurely charged late fee.

    Q: I have a tenant who pays the rent late but refuses to pay the late fees. Can I give them a 3 Day Notice to Pay Rent or Quit for the late fee?

                A: No, you cannot include late fees on a 3 Day Notice to Pay Rent or Quit.  You must have a properly drafted late fee provision in your lease or rental agreement in order to charge the tenant late fees. If you have a proper late fee provision, then you may give the tenant a 3 Day Notice to Perform Covenant or Quit to pay the late fees. If the tenant does not pay after the 3 Day Notice to Perform Covenant or Quit, then you may have the option to file an eviction based on this notice, however, you should speak to an attorney before pursuing the eviction. You also have the option of taking the tenant to small claims court to be awarded the late fees. Given this tenant’s payment history, you may want to give them a notice to vacate. You should consult with an attorney’s office for lease review and further termination options.

    Q: My tenants just moved out and they still owe me for 3 months of late fees. Can I deduct the late fees from the security deposit?          

       A: No, you cannot deduct late fees from the security deposit. The security deposit may be used for back rent, cleaning costs, and damages only. You may pursue the late fee charges in small claims court. It is good practice for the landlord to serve a 3 Day Notice to perform covenant or quit each time a late fee is due and unpaid.

  • 2019 Section 8 Tenants

    Q: I am a landlord of an apartment complex. I have several tenants that receive government assistance through Section 8 housing. All of my Section 8 contracts state the landlord is responsible for paying the water bill. However, I have one tenant that always has a really high water bill. He agreed to a rent increase of $20.00 to cover the cost. Can I charge him the additional $20.00 per month?

    A: No, you cannot implement a rent increase without receiving approval from Section 8.  If your tenant is on a month to month agreement, then you may increase the rent. However, you must give proper notice before the rent increase is effective.  The proper way to increase a Section 8 tenant’s rent is to serve the tenant with a notice to increase the rent and submit the notice to Section 8 for approval.  Additionally, it is important to read your Section 8 contract and contact your tenant’s Section 8 representative to make sure you are complying with Section 8’s rental increase process.

    Q: I am a landlord of an apartment complex with a few Section 8 tenants. I always have my Section 8 tenants sign the Section 8 contract and a contract that I prefer to use. My contract states the rent is $100 more than the Section 8 contract. The tenant agreed to pay the extra $100 at the beginning of the tenancy and has paid it for the past year.  Recently, the tenant stopped paying the extra $100 because he says that he cannot afford it.  Can I serve him with a 3 day Notice to Pay Rent or Quit for the additional $100?

    A: No, you are not entitled to collect rent above the amount approved by Section 8.  The Section 8 contract takes precedent over any other contract signed between landlord and tenant.  According to the Section 8 contract, your tenant has overpaid the rent for the past year by $100 per month. Thus, you will need to reimburse your tenant $1,200 for the overpaid rent or provide a rent credit.   

    Q: I have a Section 8 tenant who has not paid rent in 4 months. I want this tenant out of my unit. What type of notice do I need to serve?

    A: If your Section 8 tenant has not paid their rent portion, you may serve the tenant with a 3 day Notice to Pay Rent or Quit.  The notice may only demand the tenant’s portion of the rent. This notice must be served by personal, substitute, or posting and mailing.  Additionally, a copy of the notice must be served on Section 8 on the same day it is served on the tenants. Failure to serve the tenant’s Section 8 representative may cause the landlord to lose an unlawful detainer.

    Q: I have a Section 8 tenant who is on a month-to-month agreement after his lease expired. I want to terminate his tenancy. What type of notice should I serve?

    A: In order to terminate the tenancy, you must serve a 90 Day Notice to Quit with Cause. You should always review your Section 8 Contract carefully to ensure that you have a valid cause for termination.  Potential causes are found in the Tenancy Addendum of your Section 8 contract.  You must clearly state the cause for termination in your notice so that the tenant is aware of the reason for termination.  Remember to serve both the tenant and Section 8 representative with the notice.

    Q: I have a tenant who recently lost her Section 8 housing assistance because she no longer qualifies for the assistance.  However, she claims that she cannot afford to pay the full amount of rent.  Do I have to contact Section 8 to receive payment again?

    A: No. If the tenant’s Section 8 was cancelled, then tenant is responsible for the full amount of rent. You may serve a 3 day notice to pay rent or quit to the tenant for the full amount of rent.

    Q: My tenant is no longer on Section 8 and I need my property back. My property is not in a rent control area. Do I still have to give them a 90 Day Notice to Quit with Cause?

    A: No, you are not required to give a 90 Day Notice to Quit with Cause to a tenant that is no longer on Section 8. You will need to terminate the tenancy by serving one of the following: a 30 Day Notice to Quit, a 60 Day Notice to Quit, or a 60 Day Notice to Quit with Cause. If the tenant has lived in the unit for less than one year you may serve the tenant with a 30 Day Notice to Quit. If the tenant has been in the property for more than one year but less than two years you may serve the tenant with a 60 Day Notice to Quit. In the City of San Diego, if your tenant has rented the property for more than two years, you may serve the tenant with a 60 Day Notice to Quit with Cause, which states a permissible cause under the Tenants Right to Know Ordinance (San Diego Municipal Code Chapter 9, §98.0730). Check your local City ordinances to determine if your property resides in a “for cause” eviction jurisdiction.

  • 2019 LEASE

    Question: I am a landlord and do not want to look for new tenants every year. How many years should I make my lease for?

    Answer: A lease can be beneficial or disastrous for a landlord. It is beneficial to keep a tenant for multiple years, so you do not lose time and rent trying to find a new tenant. However, it is my experience that in tight rental markets most tenants do not like to move because of the time and expense it takes to move.  Therefore, under the current rental market, it may not benefit you to have a long-term lease with your tenants.  For example, a long-fixed term lease could prevent a landlord from taking back possession of their property from a problem tenant. Under such a lease, if the tenant becomes a problem a few months into the lease, you will not be able to give them a 30 or 60-day notice to quit. You may only evict the tenant if they are clearly breaking a material term in the lease or committed some illegal act or nuisance. Thus, for this reason many landlords choose to execute a one-year lease or a month to month agreement with their tenants. By keeping the term of the lease to one year or less, it gives the landlord greater flexibility to remove problem tenants if the need arises. 

    Question: I am a landlord and want my tenants to use email and communicate electronically. Can they sign their lease or month-to-month agreement with an electronic signature?

    Answer: Yes, if your tenant agrees to sign electronically, then you may use an electronic signature on the lease or rental agreement. If you and your tenant prefer to communicate by email only or sign other documents electronically, then you may sign an agreement with your tenant authorizing electronic communications and signatures. If you choose to sign the agreement in this manner, you should choose to use a well-known and reputable electronic signature program.  However, you should still consult an attorney before trying to electronically serve any legal document to your tenants, such as a notice.  There are strict service requirements that landlords must follow in serving legal documents to their tenants, irrespective of any agreement you make with your tenant to agree to electronic communications. 

    Question: I am a landlord and want to make sure I am entitled to attorney’s fees if I have to evict my tenant. Do I have to make the attorney’s fees clause mutual where the tenant is entitled to fees if they win and I lose?

    Answer: Yes. You should have a reciprocal attorney’s fees clause. Further, the tenant may be entitled to attorney fees if he/she prevails in a landlord-tenant dispute even if the attorney’s fees clause only allows the landlord to collect attorney fees. If you wish to have an attorney’s fees clause in your rental agreement, I strongly recommend that you cap the amount of attorney’s fees and costs that can be awarded.  For example, the clause can state that the prevailing party in a landlord-tenant dispute is entitled to attorney’s fees and costs, however such fees and costs are capped at $1,000 (or some other similar amount).  A cap on attorney’s fees may deter tenants and tenants’ attorneys from filing lawsuits against you, or asserting a less than meritorious defense to an eviction action.

    Question: I am filling out the lease for my new tenants and do not want to provide my address for the ‘Service of Notice’ section. Can I leave this section blank?

    Answer: No, you must provide the tenant with a mailing address where the tenant can serve you with notice. If you are concerned about giving the tenant your personal address, then you may want to get a post office box. This allows you to receive rent and notices from the tenant in the mail without giving the tenant your personal address.

    Question: I have a lease with a late fee clause that has a penalty that increases on a daily basis.  How much can I charge the tenant per day?

    Answer: California law does not set a limit to the amount of late fees that may be charged to a tenant; however, common practice in the industry is that the  late fee should not be more than six percent of the monthly rent.  The lease should state that the parties agree that the amount of the late fee bears a reasonable relationship to the actual costs and damages incurred by the landlord because of the late payment.  Your lease should not include a late fee clause that has a daily penalty that increases each day.  This late fee would likely be found to be unenforceable in court, and your  tenant  may be entitled to a refund of any amount that he/she overpaid in late fees.  If you have questions regarding a specific late fee provision, or you need to amend your lease to correct an improper late fee provision, you should consult with an attorney. 

  • 2019 New Laws

    Q: I am a landlord and my tenant normally pays me the rent in person. A person I have never met is trying to pay the rent on behalf of my tenant.  The check has the name of the third party on it and I do not want to create a tenancy with this new party.  Do I have to accept it?

    A: It depends. As of August 28, 2018, residential landlords are required to accept rent from a third party if the third party provides the landlord with a written and signed acknowledgment stating the   following: 1. the third party is not a tenant; and 2. accepting the rent does not create a landlord-tenant relationship with the third party. If you do not receive this acknowledgment, then you are not required to accept the third-party payment.

    Q: I am a landlord and my tenant has not paid their rent. I served the tenant a three-day notice to pay rent or quit on Friday. When does my notice expire?

    A: Currently, to calculate the three-day notice period, you start with the day after the notice was served and count three days. The third day cannot fall on a court holiday or weekend and is pushed to the following business day.  In this situation, the first and second days of the notice period are Saturday and Sunday.  This third days falls on a Monday.  If Monday does not fall on a court holiday, then the three-day notice will expire that day and you will be able to proceed with the unlawful detainer (eviction) on Tuesday.

    Effective September 1, 2019, the calculation of a three-day notice period for non-payment of rent will change. Weekends and court holidays no longer count towards the notice period.  Under the new rule, if a three-day notice is served on a Friday, then the first day of the notice period is the following Monday because Saturday and Sunday do not count. Thus, the three-day notice will expire on Wednesday and you may proceed with the unlawful detainer on Thursday.

    Q: I filed an unlawful detainer (eviction) against one of my tenants. My tenant was personally served with the summons and complaint on Thursday. When is my tenant’s deadline to file a response with the court?

    A: When personally served with the summons and complaint in an unlawful detainer proceeding, the tenant has 5 days to file a response with the court.  Currently, to calculate the deadline for your tenant respond to the complaint, you start counting the day after the summons and complaint were served.  All days of the week, except court holidays, count towards the first through the fourth days to respond. The last day to respond cannot fall on a court holiday or weekend.  If your tenant was served on Thursday, then Friday, Saturday, Sunday, and Monday count towards the first through fourth days. Thus, your tenant must respond to the lawsuit by Tuesday.

    Effective September 1, 2019, the calculation of a tenant’s deadline to respond will change.  Weekends no longer count towards the response period, like court holidays.  If the tenant is served Thursday, then Friday, Monday, Tuesday, and Wednesday count towards the first through fourth days, unless one of those days is a court holiday. Thus, your tenant must respond to the lawsuit by Thursday.

    Q: I own an apartment building built in 1974. Am I required to install water-conserving plumbing fixtures?

    Yes.  As of January 1, 2019, all multifamily and commercial properties built before January 1, 1994 must have water-conserving plumbing fixtures installed. The requirements for water-conserving plumbing fixtures are as follows: 1. Toilets must use no more than 1.6 gallons per flush, 2. Urinals must use no more than 1 gallon per flush, 3. Showerheads must use no more than 2.5 gallons per minute, and 4. Interior faucets must use no more than 2.2 gallons per minute.

    Q: Is my tenant responsible for notifying me if the water-conserving plumbing fixtures are consuming more water than permitted?

    It depends. You must make sure that all water-conserving plumbing fixtures are consuming no more water than the manufacturer’s consumption standard before the tenant takes possession. Unless the lease states otherwise, the tenant is required to notify you if the water-consuming plumbing fixtures are consuming too much water.

    Q: My building was built before 1940. Are there any exceptions to the requirement to have water-conserving plumbing fixtures?

    Yes. There are several exceptions to the requirement to install water-conserving plumbing fixtures in commercial and multi-family buildings built before 1994. The exceptions are as follows: 1. registered historical sites, 2. Properties where a licensed plumber certifies that, due to the age or configuration of the property or its plumbing, installation of water-conserving plumbing fixtures is not technically feasible, and 3. A building for which water service is permanently disconnected.

    All relevant code sections and assembly bills are available for review online and on our website landlordslegalcenter.com.

  • Surviving Small Claims Court

    [slideshare id=146141207&doc=howtosurvivesmallclaimscourt-presentation5-190516230340]

    San Diego Court Website – Small Claims Court
    http://www.sdcourt.ca.gov/portal/page?_pageid=55,1424399&_dad=portal&_schema=PORTAL

    Small Claims Court Forms
    http://www.sdcourt.ca.gov/portal/page?_pageid=55,1424466&_dad=portal&_schema=PORTAL

    Small Claims Court Fees
    http://www.sdcourt.ca.gov/portal/page?_pageid=55,1424457&_dad=portal&_schema=PORTAL

  • Section 8 Tenants

    [et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_accordion _builder_version=”3.0.61″ border_style=”solid”] [et_pb_accordion_item title=”Q: I am a landlord of an apartment complex. I have several tenants that receive government assistance through Section 8 housing. All of my Section 8 contracts state the landlord is responsible for paying the water bill. However, I have one tenant that always has a really high water bill. He agreed to a rent increase of $20.00 to cover the cost. Can I charge him the additional $20.00 per month? “]

    A: No, you cannot implement a rent increase without receiving approval from Section 8. If your tenant is on a month to month agreement, then you may increase the rent. However, you must give proper notice before the rent increase is effective. The proper way to increase a Section 8 tenant’s rent is to serve the tenant with a notice to increase the rent and submit the notice to Section 8 for approval. Additionally, it is important to read your Section 8 contract and contact your tenant’s Section 8 representative to make sure you are complying with Section 8’s rental increase process.

    [/et_pb_accordion_item][et_pb_accordion_item title=”Q: I am a landlord of an apartment complex with a few Section 8 tenants. I always have my Section 8 tenants sign the Section 8 contract and a contract that I prefer to use. My contract states the rent is $100 more than the Section 8 contract. The tenant agreed to pay the extra $100 at the beginning of the tenancy and has paid it for the past year. Recently, the tenant stopped paying the extra $100 because he says that he cannot afford it. Can I serve him with a 3 day Notice to Pay Rent or Quit for the additional $100?”]

    A: No, you are not entitled to collect rent above the amount approved by Section 8. The Section 8 contract takes precedent over any other contract signed between landlord and tenant. According to the Section 8 contract, your tenant has overpaid the rent for the past year by $100 per month. Thus, you will need to reimburse your tenant $1,200 for the overpaid rent or provide a rent credit.

    [/et_pb_accordion_item][et_pb_accordion_item title=”Q: I have a Section 8 tenant who has not paid rent in 4 months. I want this tenant out of my unit. What type of notice do I need to serve?”]
    A: If your Section 8 tenant has not paid their rent portion, you may serve the tenant with a 3 day Notice to Pay Rent or Quit. The notice may only demand the tenant’s portion of the rent. This notice must be served by personal, substitute, or posting and mailing. Additionally, a copy of the notice must be served on Section 8 on the same day it is served on the tenants. Failure to serve the tenant’s Section 8 representative may cause the landlord to lose an unlawful detainer.

    [/et_pb_accordion_item][et_pb_accordion_item title=”Q: I have a Section 8 tenant who is on a month-to-month agreement after his lease expired. I want to terminate his tenancy. What type of notice should I serve?”]

    A: In order to terminate the tenancy, you must serve a 90 Day Notice to Quit with Cause. You should always review your Section 8 Contract carefully to ensure that you have a valid cause for termination. Potential causes are found in the Tenancy Addendum of your Section 8 contract. You must clearly state the cause for termination in your notice so that the tenant is aware of the reason for termination. Remember to serve both the tenant and Section 8 representative with the notice.

    [/et_pb_accordion_item][et_pb_accordion_item title=”Q: I have a tenant who recently lost her Section 8 housing assistance because she no longer qualifies for the assistance. However, she claims that she cannot afford to pay the full amount of rent. Do I have to contact Section 8 to receive payment again?”]

    A: No. If the tenant’s Section 8 was cancelled, then tenant is responsible for the full amount of rent. You may serve a 3 day notice to pay rent or quit to the tenant for the full amount of rent.
    [/et_pb_accordion_item][et_pb_accordion_item title=”Q: My tenant is no longer on Section 8 and I need my property back. My property is not in a rent control area. Do I still have to give them a 90 Day Notice to Quit with Cause?”]

    A: No, you are not required to give a 90 Day Notice to Quit with Cause to a tenant that is no longer on Section 8. You will need to terminate the tenancy by serving one of the following: a 30 Day Notice to Quit, a 60 Day Notice to Quit, or a 60 Day Notice to Quit with Cause. If the tenant has lived in the unit for less than one year you may serve the tenant with a 30 Day Notice to Quit. If the tenant has been in the property for more than one year but less than two years you may serve the tenant with a 60 Day Notice to Quit. In the City of San Diego, if your tenant has rented the property for more than two years, you may serve the tenant with a 60 Day Notice to Quit with Cause, which states a permissible cause under the Tenants Right to Know Ordinance (San Diego Municipal Code Chapter 9, §98.0730). Check your local City ordinances to determine if your property resides in a “for cause” eviction jurisdiction.

  • How to Get Through the Eviction Process

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