Top Landlord / Tenant Questions


Top Landlord / Tenant Questions

By Goldenwest Management

Landlord / tenant issues are some of the most common problems for any property owner, in this post we will cover the top questions regarding landlord / tenant issues so you can be more knowledgeable when renting your property.

Tenant – How Long Must I Wait Until My Security Deposit Is Returned To Me?

In California Civil Code Section 1950.5 requires that within three weeks (21 days) after a tenant has vacated the unit, the owner must either: 1) return the security deposit to the tenant, 2) furnish a copy of an itemized statement indicating the amount of any part of the security deposit used (e.g. for unpaid rent, repairs, etc.), or 3) a combination of #1 and #2.

Landlord – How Often Can I Increase The Rent?

If you have a tenant under lease for more than 30 days (e.g. 1-year lease), you rent cannot increase their rent during the term of the lease, unless the lease allows rent increases. If you have a periodic rental agreement (month-to-month), your landlord can increase your rent, but must give you proper advance notice in writing. (Civil Code Section 827 (b))

Tenant – How Much Advance Notice Should A Landlord Give A Tenant If They Want Them To Move?

Landlords are required to provide a 60-day advance notice to a resident if the landlord elects to terminate a tenancy. If the tenant has resided in the unit less than 1 year, the landlord is only required to give a 30-day notice. (Civil Code Section 1946.1)

Landlord – When Can I Enter My Occupied Rental Unit?

In California you have five reasons for entering a rental unit including:

(1)   In an emergency (“fire, flood or blood” as the saying goes).

(2)   When the tenant has moved out or has abandoned the rental unit. Though its good to place a notice of abandonment on the property first.

(3)   To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.

(4)   To show the rental unit to prospective tenants, buyers, or lenders, appraisers or to provide entry to contractors or workers who are to perform work on the unit.

(5)   If a court order permits the landlord to enter.

As of January 1, 2003, California Civil Code 1954 states that except in the first two situations above (emergencies and abandonment), the landlord must give the tenant twenty-four (24) hours written notice before entering the unit.

Learn More

To learn more about common landlord / tenant issues, or to view our current rentals, contact Goldenwest Management today by calling us at (800) 545-5303 or click here to connect with us online.