Ask a landlord attorney

In an ongoing series, we answer questions germane to rental housing providers throughout the Bay Area. For informational purposes only and not a substitute for legal advice.

 

 

 

 

 

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At least twice a month, we will take a handful of questions from the rental housing community and sink our teeth into them.

 

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Question:

Can I require that my tenants get and maintain renters insurance? I found that tenants who get renters insurance take better care of their rental unit, but I'm wondering if I can stipulate that they have it. Any legalities in this?

 

An owner with a no-pets policy was compelled to accept an emotional support animal in her tenant’s rental unit but when the dog creates a nuisance for neighboring residents, can the landlord take action?

 

Can we put a family trust as the landlord’s name on a lease? We don’t want to volunteer our personal information on the lease, only just give the name of the family trust. And would this prevent us from being sued?

 

I heard that I can circumvent the obligation to accept Section 8 tenants and reduce the risk of being sued for discrimination by offering a month-to-month lease. I'm looking for a second opinion.

I obtained a writ of possession in an eviction action and the Sheriffs are scheduled to do a lockout, but I am out of town. In my absence, can my relative show up at the prescribed time?

The unit has been plagued with water issues and upon inspection, our contractor discovered mold. In turn, we offered “cash for keys” and rather than responding to our offer, the tenant has moved her items out of the apartment and has seemingly left. The tenant has now threatened a lawsuit because she was unaware of the presence of mold. We are currently addressing the mold problem, but can we assume that the tenant left, and do they have a case to sue me?

 

I attempted to raise the rent on the tenant and instead of paying the increased rent, they decided to leave and left the keys behind. When they vacated, there was a lot of water damage from an unpermitted washing machine. What do I do next?

The unit is subject to statewide rent control (no local ordinance). I didn't know what the percentage was on how much I could raise the rent, so I overcharged the tenant more than what was allowed. She didn't complain about the illegal rent increase and we get along well. What should I do?

Unincorporated area of Alameda County. There’s a little apartment attached to our house. The tenant owes us rent, we’ve been trying to work with him, but even if he continues to be late on rent, we want to convert the space into a work area. We no longer want to rent it out. We don’t want to live in the unit but use it as a workspace.