Page 79 - AAGLA-JAN 2022

Legal
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the executor or administrator of the decedent’s estate returns possession, you should account for the use of the deposit and direct the accounting to the administrator or executor.
Question: What is a request for a reasonable accommodation?
Answer: A reasonable accommodation is a change or exception to the property’s rules, policies, practices, or services that is necessary to afford a person with a disability full and equal use and enjoyment of the rental property.
Question: I understand that if a building contains 16 or more units, there must be a resident manager. I have given some responsibilities to an on-site maintenance person, but I do not call him a resident manager. Does this approach still comply with the law?
Answer: The California Administrative Code requires that a building containing 16 or more units on a parcel must have a person who lives on site and is responsible for representing the owner of the property. The person does not, however, have to be called a “resident manager.”
Question: How can we enforce the entry rules clause in our
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lease? One of our residents is refusing to show the rental unit to a prospective purchaser of the building.
Answer: California’s Civil Code specifically requires residential tenants to allow the Housing Provider to show the rental unit to prospective purchasers and their agents. Failure to comply could lead to an action for unlawful detainer after service of a 3-Day Notice to Perform or Quit if the resident refused to give reasonable dates and times for the entry.
Question: I have a tenant who is driving everyone in the apartment complex nuts. He plays his stereo and television all day and all night and keeps everyone up. We call the police constantly but they can only do so much. I want to evict him but he signed a one-year lease. None of the notices I have make sense in this situation. What can I do to get this noisy tenant out?
Answer: If the tenant is causing major and continual disturbances to the quiet enjoyment of the neighboring property and it is severe enough, the court could allow you to evict the tenant after service of a 3-day notice to vacate. This notice does not allow the tenant to cure anything. Writing warning letters and documenting the disturbances can bolster your case if the tenant does not stay quiet.
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Kimball, Tirey & St. John LLP is a full-service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to seek legal advice. For contact information, please visit our website. www.kts-law.com. © 2020 Kimball, Tirey and St. John LLP.
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