Orange County Register

This column is being presented by the South Coast Apartment Association 949.955.3695.  Ted Kimball is a partner with Kimball, Tirey & St. John, which specialize in landlord/tenant, collections and business and real estate. For questions regarding the contents of this article, call 800-338-6039 or visit www.kts-law.com

Question: One of our tenants just vacated the premises but left a large amount of personal property behind.  Included was a locked chest.  What should I do?  Can I tell my tenant that I will give him back his property when he pays me for the rent he still owes me?

Answer: If a resident leaves behind abandoned personal property after surrendering possession of the rental unit, the owner is protected by California law if they keep the property safe for a period of 18 days from the date a notice of abandonment of personal property is mailed to the tenant’s last known address. If the tenant claims the property, the only condition of release is that the tenant pay reasonable storage costs, but only from the date the owner regained possession of the rented premises.  If the property is not reclaimed and if the property is worth less than $300.00, it can be disposed of in any manner.  If its value is greater than $300.00, then the property must be sold via public auction

Question: One of our tenant’s guests broke a window of the recreation room by throwing a ball through it.  The host tenant claims he should not be responsible because the damage occurred outside the apartment and while they were playing catch in the common area. My tenant also refuses to give me the name or any information about his guest who caused the damage.  What can I do?

Answer: In California, tenants are liable for the negligence of their guests while on the premises.  The premises not only includes the actual rented unit, but the common area as well. Therefore the tenant and the tenant’s guest are jointly liable for the damage to the window.

Question: I have a tenant who is on a long term lease. Recently, however, the tenant brought in a roommate and has been out of town for over 30 days.  I am concerned that the roommate intends on staying and that my original tenant may have moved out for good.  What are my legal options?

Answer: If you have a clause in your lease which prohibits the assignment or sublet of your lease agreement, you do not have to consent to the roommate.  You could ask the roommate to fill out an application to rent and thereby identify who the roommate is.  Once identified, you could choose to either allow the roommate to live there if he meets your qualifications, and sign the lease or start eviction procedures based upon the breach of the assignment and sublet clause of your lease.

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