Legal Corner

The right to ‘smoke’ marijuana...

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Q: My apartment building has always been a nice and quiet community - no bother, no worries. Everyone keeps to themselves; never have complaints about behavior. Well, that all changed when my manager let down her guard and didn’t fully screen my newest residents! Ever since these two characters moved in, flashing me their “doctor’s note” saying they could smoke pot, they’ve been puffing away ever since. Apparently they claim to be “disabled” and that because they are “disabled” they get to do whatever they want. Huge clouds of smoke literally billow out of their apartment! I’m concerned about lots of things, but mostly the little girl who lives next door. I believe that she’s asthmatic. How much more of this must I, and the neighbors, take?

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Vacancies, feuds, grass, & dogs

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Question: I have a vacancy that I need to fill. I’ve run a few ads and have collected several applications. I know the basics of qualifying a tenant, but one of the applicants said that since he was the first to apply, he should be given preference. I never heard that before, is this true?

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Rent Due, Repairs, Rental Discounts & Leaks

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“Tenants are required to provide access to the landlord for certain limited purposes …”

Q: I have the misfortune of a classic problem tenant. The noise, the parties, and the trash - I don’t know where to begin. She’s on a fixed-term lease; she’s bad enough to get under my skin, way under, but probably not bad enough to evict her. She’s paid her rent late for each of the past three months. The lease has a late fee provision, charging an additional $50 if the rent is not received by the 5th. She’s been paying both the rent and the late fee well into the second week of the month. Last month, the first of the month fell on a Saturday, so I served her a Three-Day Notice to Pay Rent or Quit on the 2nd. Was that proper or should I have waited until after the 5th of the month to serve the Notice?

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Direct Deposit, Forms, Modifications & Drugs

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Q: What do you think about the practice of allowing a tenant to directly deposit his rent check into my checking account? Seems simpler than requiring him to mail it to me, then my having to go and deposit it into my bank. I know a few owners that do this and it seems to work out well. Any problems with this?

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Stop Payments, Rental Criteria, Pool Liability, & Utilities

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California Southern Cities
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