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Archive for July, 2020

Legal Q & A By-Franco Simone

Posted on 01. Jul, 2020 by .

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Q: I have a potential tenant that is an active service member. How much can I charge this tenant as a security deposit? A: When you rent a residential unit to a service member, you can only charge a security deposit equal to one month’s rent for an unfurnished property. If your property is furnished, […]

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Legal Q & A – COVID-19 By-Franco Simone

Posted on 01. Jun, 2020 by .

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Q: I heard on the news that there is an eviction moratorium in the state of California. What that does that mean?

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Legal Q & A By-Franco Simone

Posted on 01. Apr, 2020 by .

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  Q: Another landlord I know told me that my rental property is exempt from California rent control known as the Tenant Protection Act of 2019. What types of rental properties are exempt from rent control?

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Legal Q & A- By Franco Simone

Posted on 01. Mar, 2020 by .

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Q: I am renting out an apartment unit. One of the applicants was arrested for assault last month but has not been convicted of the crime. I do not feel comfortable renting to someone who was arrested for assault.  Can I deny his application based on his arrest?  A: No, you may not deny a […]

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Legal Q & A by – Franco Simone, Esq.

Posted on 01. Feb, 2020 by .

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Q:  I have tenants who have not paid rent and are claiming they have bed bugs. Can I give them a three-day notice to pay rent or quit before I inspect the unit?   A: No, you should not give a three-day notice to pay rent or quit until the bed bug inspection is completed and […]

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Legal Q & A by – Franco Simone

Posted on 01. Jan, 2020 by .

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  Q: I would like to completely prohibit smoking inside my apartment units, but allow smoking in common areas.  Am I allowed to restrict some areas, but not others?

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Legal Q & A By-Franco Simone

Posted on 01. Dec, 2019 by .

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Q: I own a six unit apartment building in San Diego County that was built in the 1980s and I would like to remodel the units next year. Am I allowed to ask my tenants to vacate under the new Tenant Protection Act of 2019?

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Legal Q & A By – Franco Simone

Posted on 01. Nov, 2019 by .

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Q: I own a rental property in San Diego where there is currently no rent control and my tenant’s rent is $1,200.  I want to raise the rent to $1,500. Can I raise my tenant’s rent by 25%?

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Legal Q & A By – Franco Simone, Esq.

Posted on 01. Oct, 2019 by .

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Q: This is my first time renting out my residential unit. The late fee provision in my lease allows me to charge a percentage of the rent or a flat fee. How much can I charge for the late fee? A: Your late fee should be no more than 6% of the monthly rent. For […]

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Legal Q & A By – Franco Simone, Esq.

Posted on 01. Aug, 2019 by .

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Q: I hired a property management company to take over managing my properties. What do I need to do to let my tenants know that I will not be managing my properties anymore?  A: You are required to serve your tenants with a notice of change of ownership/management every time ownership or management changes. This […]

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Legal Q & A By -Franco Simone, Esq.

Posted on 01. Jul, 2019 by .

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Q: What can I do if my tenant still owes me money after I applied the security deposit to the outstanding balance for unpaid rent and necessary costs to clean and repair the rental unit? 

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Legal Q & A Abandoned Property by Franco Simone, Esq.

Posted on 01. Jun, 2019 by .

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Q:  I served my residential tenant with a three day notice to pay rent or quit and he called me during the 3 Day Notice period to tell me he moved and I could take back possession of the property. He left the keys on the counter and he left some of his stuff behind. […]

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Legal Q & A By – Franco Simone, Esq.

Posted on 01. Apr, 2019 by .

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Q: I rent a residential unit to a tenant on an oral agreement. The rent is due on the 1st of every month. The tenant keeps paying late and I want to charge him late fees. Can I do this? A: No, you cannot charge a late fee without a proper late fee provision in […]

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Legal Q & A By – Franco Simone, Esq.

Posted on 01. Mar, 2019 by .

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Q: I am a landlord of an apartment complex. I have several tenants that receive government assistance through Section 8 housing. All of my Section 8 contracts state the landlord is responsible for paying the water bill. However, I have one tenant that always has a really high water bill. He agreed to a rent […]

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Legal Q & A By – Franco Simone, Esq.

Posted on 01. Feb, 2019 by .

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Question: I am a landlord and do not want to look for new tenants every year. How many years should I make my lease for? Answer: A lease can be beneficial or disastrous for a landlord. It is beneficial to keep a tenant for multiple years, so you do not lose time and rent trying […]

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Legal Q & A By: Franco Simone

Posted on 01. Jan, 2019 by .

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Q: I am a landlord and my tenant normally pays me the rent in person. A person I have never met is trying to pay the rent on behalf of my tenant.  The check has the name of the third party on it and I do not want to create a tenancy with this new […]

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Legal Q & A By- Franco Simone

Posted on 01. Jan, 2019 by .

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Q: I am a landlord and my tenant normally pays me the rent in person. A person I have never met is trying to pay the rent on behalf of my tenant.  The check has the name of the third party on it and I do not want to create a tenancy with this new […]

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Legal Questions and Answers By – Franco Simone, Esq.

Posted on 01. Dec, 2018 by .

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Q: I do not allow pets in my apartments. I have a tenant who is claiming that her cat is “an emotional support animal” and she says that she is entitled to a reasonable accommodation.  Do I have to let her keep the cat? A: Yes, a landlord must work with a disabled tenant to […]

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Legal Q & A – Selling Rental Property By – Franco Simone, Esq.

Posted on 01. Nov, 2018 by .

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Q: I want to sell a house that I rent out, but I have a tenant living there. They are in a one-year lease that doesn’t terminate until June of next year. Can I break the lease because I am selling the property? A: No, you cannot break the lease at the time of the […]

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Legal Q & A by – Franco Simone, Esq.

Posted on 01. Oct, 2018 by .

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Q: What can I do if my tenant still owes me money after I applied the security deposit to the outstanding balance for unpaid rent and necessary costs to clean and repair the rental unit? A: First, you will need to fill out a security deposit itemization for back rent, cleaning costs, and damage beyond […]

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Legal Q & A – by Franco Simone, Esq.

Posted on 01. Aug, 2018 by .

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Q:  I have a tenant who moved into his rental unit last month.  I included a provision in his lease that prohibits smoking cigarettes in his unit. Now, his neighbors are complaining that cigarette smoke from his unit is seeping through their air vents.  When I approached the tenant, he told me that he has […]

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