Can a Landlord Limit a Tenant’s Guests?

For landlords, the most important provisions in a lease or rental agreement may be those that limit the number of persons occupying the premises and that require tenants to specify their identities. This prevents a tenant’s guests from turning into tenants. But balancing this potential problem with allowing reasonable guest overnight stays requires a carefully considered lease provision. Continue reading

4 Negotiating Tips for Tenants’ Attorneys

When defending a tenant facing eviction, you need to create negotiating opportunities for the tenant while proceeding with the unlawful detainer case. This requires developing a bargaining strategy for deciding what, if any, settlement offers or counteroffers to make to the landlord and when to make them. The following tips will help in formulating that strategy. Continue reading

Can Tenants Post Political Signs?

Can landlords stop their tenants from posting signs for a political candidate or proposition the landlord doesn’t support? The answer generally is no. Since 2012, the law in California allows tenants to post political signs, but there are some restrictions. Continue reading

How to Compute 30- or 60-Day Notice for Eviction

check your dates to get your eviction notice rightWhen serving a 30-day or 60-day notice to terminate a month-to-month tenancy, keep in mind these rules for computing the days so that you don’t get it wrong. Continue reading

Are Landlords Liable for a Tenant’s Biting Dog?

tenant's vicious dogWhen a tenant’s dog bites someone, the injured party may want to go after the deeper pocket of the landlord. Whether this will be successful or not depends on what the landlord knew. Continue reading

8 Steps to Preparing a 3-Day Notice of Eviction

Preparing a 3-day notice to pay rent or quit? Use this checklist to be sure that you get the form and content of the notice right. Continue reading

What to Do After Getting a Tenancy Termination Notice

apartment for rent sign put up after evictionA tenant who receives a 30-day or 60-day notice to terminate a periodic tenancy needs to jump into action (or inaction, in some situations). Depending on the circumstances, here’s what a tenant or tenant counsel should do. Continue reading

Have a Habitability Problem? Take These 3 Initial Steps

home so flooded it's uninhabitableWhether it’s ignoring a reported bug infestation or leaving electrical wiring dangerously exposed, a landlord’s failure to make necessary repairs may render the premises uninhabitable. Although there are many legal remedies available for a breach of the warranty of habitability, your initial duties as a tenant’s attorney is to simultaneously safeguard the tenant’s well-being and preserve any relevant claims. Continue reading

New Year, New Laws for Real Property Lawyers

The California legislature has enacted several new laws that may affect your real property law practice. Here are some of the key statutory changes you need to know about. Continue reading

Do’s and Don’ts of Tenant Screening

Residential landlords have the right to choose the best tenant they can find. That probably means a tenant who seems most able to comply with the lease terms, pay the rent on time, avoid damaging the premises, and refrain from disturbing other tenants. Here’s what a landlord can do to find that tenant—and where there are limits. Continue reading