Legal Question in Real Estate Law in California

Re: Landlord/Tenant Relationship

This is a joke right. Where's the hidden camera? I've always wanted to be on candid camera.

Starting from the bottom:

4. Who cares whether they are an invitee or a licensee. Make sure your property is properly insured, and if there's a problem turn the matter over to your carrier. These terms are legal terms to express the nature of the visitor n your property, and the land owners duty of care. Your duty will be part of the argument between the plaintiff's attorney, your attorney, and the judge in chambers when they go over the jury instructions at the trial that most likely will never take place.

3. Yes, and it's called an �Unlawful Detainer' action. So find out how it is done, and follow the rules. You should probably hire an attorney that specializes in �Unlawful Detainer' work, and keep copies of everything so you don't get it wrong. Getting it wrong will cost you a lot of money and time. Spend the extra money the first couple of times.

2. Always keep the common areas clean and in repair. Inspect them regularly. And if possible keep some kind of record of the inspections. Always fix something that causes an accident, and report injuries promptly to your carrier. Take pride in the way you keep your property. Hopefully this will catch on with your tenants. But don't count on it.

1. The rule to follow is the rule of good management, "Don't count your apples until they're picked and shipped." The law follows the rules of good management. When the apartment is vacated; and you've had a chance to inspect, and repair. Then figure out how much (if any) of the security deposit to refund. Then lease the apartment. If you ever find yourself in a position of leasing an occupied apartment. Be sure to make it a condition precedent of the lease, �that the new tenants may move in (the new lease is valid) only if the old tenants vacate the apartment.' And now get down on your knees and thank God you don't live in Merry Old England. Where things are more screwed up than here.

Re: Landlord/Tenant Relationship

1. You can only do what is humanly possible. While you may be liable for a breach of contract, you would be able to idemnify yourself against the tenant for violating his right to possession.

2. A landlord has the statutory obligation to keep the property in good shape and habitable. The violation of this duty may result in a tenant winning an unlawful detainer for non-payment of rent since the contract amount is greater than the rental value.

3. After an unlawful detainer (eviction) is complete, the tenant will be evicted by the sheriff. You can not use self-help in evicting a tenant.

4. I do not understand your concerns. If the cable installer is injured, you may or may not be liable based upon the circumstances.

Re: Landlord/Tenant Relationship

Are you thinking of becoming a landlord, or are you a law student looking for support in getting your exam grade reviewed?

As to #1, a good "California Rule' is not to commit a rental unit until you're sure it is vacant and prepared for the new tenant. This is a rule of good business practice, not law. If by chance you have a holdover tenant in a space leased to another, the new lessee has the right of possession and therefore may institutue the unlawful detainer/eviction action; the landlord, being in breach of his covenant of possession, is liable to the (new) tenant for his damages (cost of suit, cost of alternative premises less rent credit, etc.).

2. A landlord is responsible for common areas to the extent (a) stated or implied in the lease, and (b) imposed by law under the implied covenant of habitability, e.g. lighting and fences in good repair to prevent crime, garbage picked up to prevent vermin infestations, etc.

3. A landlord may always seek a court order to direct the sheriff to do something. The sheriff will not ordinarily take any action respecting possession of real property absent a court order. However, the process for successfully obtaining a court order varies depending upon the nature of the holdover tenancy and defenses the holdover tenant may have, such as bankruptcy, acceptance of rent, defective notice, etc.

4. The old labels classifying visitors to property have lost much of their significance owing to recent California court decisions emphasizing the factual situation and foreseeability issues over attempts to classify the injured party. See, e.g., Rowland v. Christian (1968) 69 Cal.2d 108.

Three suggestions: Get and read a Nolo-type book on landlording and/or tenant rights. Take a night school class at your local JC or adult education center. Meet and talkwith other landlords and property managers.