Legal Question in Real Estate Law in California

I have an investment property in California and I'd like to rent the whole house to the tenants. Could you give me some advice?

1. Which is the best way to rent it? "Month to month" or "lease"?

Could you tell me the advantage and disadvantage for both terms?

2. How can I run the credit check for the potential tenant?

3. Can I ask for the copy of last 2 years of Tax return forms to verify the income for the potential tenants?

4. Can I charge for the carpet cleaning to the tenants when they move out?

5. If there's any deduction for cleaning and repair, what should I give to the tenant? I've got the "security deposit itemization" form, but do I need to attach all the receipt? Or can I just write the detail on the form?

6. If I clean or repair the tenant's damage by my self, how can I write in the "security deposit itemization" form? What is the best hourly rate?

7. Is there any website to check the tenant's rental history?

8. Is it better to hire a property management company to rent our house, or run it by myself?

Please give me any advice.

Thank you for your help.


Asked on 3/15/12, 6:29 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I suggest as a first step you obtain and study one or two of the several paperback guides for landlords. One reputable publisher is Nolo Press, but there are several others. Much of the advice you're asking for is "business advice" rather than strictly "legal advice," and most lawyers are reluctant to give such advice. However, I don't have to go very far out on a limb to suggest that you might want to hire a property manager, at least for the first year or two, until you get comfortable with the idea of being a working landlord. I use a manager for a rental house I own, even though it costs over $100 a month and I have a law degree (so does my manager, but she's a professional full-time property manager, and I'm a full-time lawyer). I think when it comes right down to deciding how involved to become, the answer must depend upon whether you have the time and interest to devote, or would rather just cash the checks, even though the manager will be taking its cut off the top.

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Answered on 3/15/12, 6:53 pm


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