Thanks to all who contributed to the discussion.
Here is the situation, the lease does not ban smoking in the apartment, it only states that tenants are responsible for cleaning and repair smoke related damages when moving out, and if other tenants complain, land lord may enforce non smoking policy. This is the PM's lease, we did not demand any changes at the signing.
And the tenants already moved in, it is too late to ban smoking at this point, correct?
I do have a photo of the device. But what if the PM did not notify the tenants, then we were not allowed to enter, let alone take photos, correct? (I can confirm with PM).
As for prepaid rents, my understanding is that by law, owner can only charge/demand the maximum of 2 months rent for escrow purpose with a new lease, but it does not say that the PM has to hold it. The PM is a representative of the owner.
We do have a case that one of the tenants has paid in full the entire year's rent voluntarily, not from the demand of PM or owner. Seems like the article by James L. Goldsmith, Esq. only discusses the legality of landlord requiring/demanding tenants to pay more than two months rent for escrow purposes. It does not address the issue of PM holding last month's rent from owner, nor does it address advance rent payments volunteered by tenants.
If tenants elect to pay in advance in full, the owner should get paid in full minus PM's management fees. How does the PM have the right to hold all the rent and pay out to owner every month? Which statute can I find to support that? What if I do not have a PM? Then I would collect all the rent when it is paid to me, current or in advance. The contract between PM and me does not stipulate the PM shall hold such money.
What do you guys think?
Susan