Legal Corner

Questions & Answers

By C. Tyler greer, esq. The duringer law grouP, PlC

When filling out the three-day notice to pay rent or quit, I noticed that there is space where I am supposed to insert the name of the person authorized to accept rent. I don’t really care who they pay it to, just want my tenants to pay it. Can I just write “resident manager” or put the name of the apartment community in that space?

No, CCP 1161(2) requires that the notice must include “…the name, telephone number, and address of the person to whom rent payment shall be made…” A corporation is a ‘person’ as defined by California law, however the same is not true for a partnership, a fictitious business name or an LLC. Judges in Los Angeles courts have been strictly enforcing this requirement for a while now, Orange County and other courts are beginning to follow suit. To avoid a problem when you go to trial, make sure that you include the name of a person who is authorized to accept rent on behalf of the housing provider.

When it rains, some of my apartments have experienced some roof leaks. Most of the leaks are minor, but there is a pretty big leak in one apartment. This is of great concern to me, because the roof is less than five years old, and has never leaked before. I even had it inspected prior to the rainy season by a competent roof inspector. The trouble is that the water leaked into one of my resident’s unit, and apparently caused a substantial amount of damage. The resident claimed that his stereo equipment, television, computer, furniture, and clothing were ruined. He even has pictures of the water dripping from the ceiling onto his stereo and television set. The resident is threatening to sue me if I do not reimburse him for his losses. What should I do? Am I responsible for the resident’s personal property losses?

An owner is not generally liable for damage caused to the personal property of a tenant, absent negligence on the part of the owner or his agents. Provided a licensed roofing contractor performed the roof installation, you maintained the roof adequately, had it inspected on a regular basis, and were not on notice of any prior problems, you should not be responsible for damage to the resident’s personal property. Additionally, the tenant has an obligation to mitigate his damages when faced with a leaking roof. This basically means that if the leak was coming slowly through the roof, and the tenant knew about it, then he should have taken some measures to minimize the damage to his personal property. The fact that the resident had time to grab a camera and take pictures of the dripping water, while letting his television set, stereo and other belongings get soaked suggest the resident failed to mitigate his damages. In simple terms, the tenant should have moved his stuff, and grabbed a bucket, rather than watch it drip.

tained and that any maintenance issues are addressed immediately. Every year, I send a notice to my residents informing them that I will inspect each unit. I have been doing this for years without any problems. This month I received a letter from one of my tenants telling me that I had no right to enter his apartment to look around, that he would not let me in. What do I do? Can I force my way in to do the inspection?

Your policy of doing annual inspections is admirable and is practiced by responsible landlords throughout California. Most tenants welcome a responsible landlord’s actions in ensuring that all is well, and voluntarily cooperate in providing access upon the landlord’s reasonable request. It is clearly in the best interest of all to ensure that any maintenance issues are promptly addressed, and that a spirit of communication and co-operation exists between a landlord and his residents. The trouble is your resident is right. There is no specific provision in California law requiring a resident to allow the landlord access to merely “inspect” the premises. California law states that a landlord can enter a rental unit only for certain reasons. Those reasons are in an emergency, when the tenant has moved out or abandoned the premises, to make necessary or agreed repairs, decorations, alterations, or other improvements, to show the unit to prospective purchasers, tenants, or lenders, to provide entry to contractors or workers who are to perform

work on the unit, or to conduct a premove out inspection at the end of the tenancy, pursuant to court order, or to inspect the smoke detector or inspect the installation of a waterbed. Conspicuously absent from this body of law is the unfettered right of a landlord to just inspect for the pure sake of just making sure everything is all right. You cannot force your tenant to allow access for the purpose of inspection.

I just put my single-family house on the rental market and have agreed to rent it to a nice family of four; mom, dad and two kids, two and five. The parents seem responsible enough and I’m sure they will make great tenants, but I am concerned because the house has a pool. Is there anything I can do to protect myself from liability should one of the children fall in and drown?

The short answer is yes. There are several measures you can, and should, take to protect yourself. First and foremost, ensure that the pool and the gate/ enclosure conform to all state and local codes and ordinances. The gate should be self-latching and should be checked to ensure that it closes properly. Review your insurance policy with your insurance broker to ensure that your coverage is adequate; consider an umbrella policy as well. Your insurance broker can counsel you on coverage limits; consider $3,000,000 as a minimum. Finally, you should include as part of your rental documents an addendum to the lease in which the tenant acknowledges the dangers of the pool, agrees to ensure that all gates are kept closed, and agrees to periodically verify that the selflatching gate functions properly. Consider requiring that your tenants procure renters liability insurance as well. These requirements should be a part of your rental policies for a property with a pool, regardless of whether or not your tenants have children. This article is presented in a general nature to address typical landlord tenant legal issues. Specific inquiries regarding a particular situation should be addressed to your attorney. C. Tyler Greer is an attorney and shareholder at The Duringer Law Group, PLC, one of the largest and most experienced landlord tenant law firms in the country. The firm has successfully handled over 300,000 landlord tenant matters throughout California and has collected over $300,000,000 in debt since 1988. The firm may be reached at 714.279.1100 or 800.829.6994. Please visit www.DuringerLaw.com for more information.

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changes in order to avoid legal challenges. This includes being aware of the new requirements for providing accessible housing for people with disabilities, as well as the expanded protections against discrimination based on race, gender, and other factors.

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