All Forum Posts by: Hubert Kim

I am aware of California Civil Codes relating to end of tenancy, but I stand corrected in referencing Civil Code 789. Indeed in California, no requirement of notice by landlord or tenant is required with a fixed term lease. That said, in practice, notices for non-renewal are the norm. For a landlord, especially one with multiple properties, it may be expected as a normal part of business.

Although it may be "legal on paper", I believe it would be very challenging for a landlord to successfully win an unlawful detainer action with absolutely no prior notice of non-renewal of a tenant with a lease for at least one year. Often, CA courts will consider landlords to be more sophisticated than tenants.

You are correct, @Mike Franco in that the C.A.R. lease agreement language states that neither party has any obligation to renew and expiration of the lease, tenancy is terminated. However, my understanding is that in California, Civil Code 1946 in practice not only applies to month-to-month tenancies but leases with defined terms as well. I believe this is related to Civil Code 789, where at least 30 days notice is required to end any tenancy.

Regardless of who signs the lease, the mother will at the least be an occupant so her name should appear at least as such. Talk to the son and ask for some guidance on how to mutually agree to an appropriate solution going forward.

For example, if the son will be making all payments with his money, then it may make sense to have the lease in his name with his mother as an occupant. If the son will only be assisting his mother and she signs all checks and documents, the son may not have any reason to be on the lease at all.

I suggest meeting to sign and go over the lease before handing over keys. Require a cashier's check for the 1st month and deposit as well. A move-in inspection of the premises is a must in order to be able to deduct for appropriate cleaning/repairs after the tenant leaves.

Just as a matter of caution, did you verify previous/current residency and employment?

Good luck!

Yes, the guarantor should provide the typical application documents for approval.

If the property is in a city with rent control, which I believe Redlands is not, you may be severely limited on terminating without just cause. Otherwise in California, and unless specified differently in the lease (I suggest reading the lease before you sign so you know what you are getting into) you need to give a properly written 60 day notice to change existing lease or rent terms. If the lease does not state any specific time requirements for renewal or non-renewal, then you may only need 30 days notice before the lease expires for non-renewal (although 60 days is customary). On the other hand, if the lease expires and goes month-to-month, then you need a 60 day notice of termination.

I encourage self-managing, but only if serious and interested in doing it. There are steep learning curves in the beginning, but with research, reading and Google, many first-time landlords are capable. That said, there are potentially significant risks in being a landlord. After all, it is a business. So only you can answer the question.

Without knowing more, it seems that the potential tenant is at the least over-reacting. How did you as a landlord lack "integrity, honesty, ability or business ethics" in your response? I'm not sure how you would even be able to salvage this as the tenant seems to feel entitled to do things their own way in the first place. Tenant improvements can be great, but the tenant trying to put you in that complex proposal for however they are valuing the flooring sounds like a potential mess. I suggest moving on.

Congrats on managing a challenging situation and getting the ideal outcome. Sometimes stuff does work out!

Landlord/tenant laws on security deposits and abandoned property may be very state specific. I am not familiar with PA, but in California, a landlord should return the security deposit less any deductions within the specified time (21 days here).

I strongly suggest sending the itemized statement with deductions and copies of receipts within your state's timeframe. If the tenant disputes it, that is for another post.

Regarding the abandoned property, again look up what your state dictates. In CA, it can be very difficult to handle personal property the right way, especially if the value is $700 or more.

And I believe Matthew above covered your other questions well. Good luck!