Q) I bought a building in Whittier. One of the tenants has a big dog and I really do not want dogs on the premises. His lease agreement prohibits dogs. Can I serve a "3-day Notice to Perform or Quit" to remove the dog? He is currently on a month-to-month agreement.
A) If the previous owner had allowed the dog, you could have trouble in enforcing that notice. The better approach would be to serve a "30-day Change of Terms of Tenancy" requiring the dog to be removed. After the 30-day period, if the dog is still present, you
could then serve a "3-day Notice to Perform or Quit".
(Taken for AOA Magazine September 2009)
Friday, November 6, 2009
Tuesday, October 20, 2009
Q & A With Properties West
Q) I just bought a building that has a Section 8 tenant. This is a rent controlled building and the rent has not been raised for one year. Can I serve a 30-day notice to increase the rent by 4%?
A) The City of Los Angeles has approved a 4% rent increase commencing July 1, 2009. This is not applicable under Section 8-Subsidized Housing rules. All rent increases are approved and instituted by Section 8. The owner may request an increase but approval must be forthcoming.
(Taken from AOA Magazine, September 2009)
A) The City of Los Angeles has approved a 4% rent increase commencing July 1, 2009. This is not applicable under Section 8-Subsidized Housing rules. All rent increases are approved and instituted by Section 8. The owner may request an increase but approval must be forthcoming.
(Taken from AOA Magazine, September 2009)
Thursday, October 8, 2009
Q & A With Properties West
Q) My new tenants hired a nightly nanny for their newborn twins. That person has now been there for eight weeks. Is this person considered a tenant at this point? Can I raise the rent or ask them to leave?
A) Generally a person staying longer than 30-days is not considered a guest. In this case, however, this person is neither a guest nor a tenant. This person is considered a caregiver and this person's presence does not establish a tenancy.
(Taken from AOA Magazine, September 2009)
A) Generally a person staying longer than 30-days is not considered a guest. In this case, however, this person is neither a guest nor a tenant. This person is considered a caregiver and this person's presence does not establish a tenancy.
(Taken from AOA Magazine, September 2009)
Thursday, October 1, 2009
Q & A with Properties West
Q) I have two 18 unit buildings that are located on one lot. Do I need to have a resident manager for each building or will one suffice?
A) Under California law a landlord must maintain a resident manager where 16 or more units exist on the lot. The fact that you have two buildings, each with greater than 16-units does not change the equation. Only one resident manager would be necessary. If one of the buildings were adjacent but on a separate lot, then two resident managers would be required.
(Taken from AOA Magazine; July 2009)
A) Under California law a landlord must maintain a resident manager where 16 or more units exist on the lot. The fact that you have two buildings, each with greater than 16-units does not change the equation. Only one resident manager would be necessary. If one of the buildings were adjacent but on a separate lot, then two resident managers would be required.
(Taken from AOA Magazine; July 2009)
Monday, September 14, 2009
Q & A with Properties West
Q) My tenant, without my permission, installed a satellite dish on my roof. Wires are run from the dish, down the side of my building and a hole was cut into the wall to run the wire through. I am really outraged at my tenant's behavior. What is my best course of action?
A) You should serve on your tenant a "3-Day Notice to Perform or Quit". This notice should require the tenant to remove the satellite dish and the wiring. It should also require the tenant to patch any holes that were created. If the tenant fails to comply within the 3-day period, you would have grounds for eviction.
A) You should serve on your tenant a "3-Day Notice to Perform or Quit". This notice should require the tenant to remove the satellite dish and the wiring. It should also require the tenant to patch any holes that were created. If the tenant fails to comply within the 3-day period, you would have grounds for eviction.
Thursday, August 27, 2009
Q & A With Properties West
Q) We have a tenant who gave a 30 day notice that he was moving. I started posting ads saying an apartment will be available at the end of this 30-day period. When I asked the tenant if I can show his unit, he said no because he was not sure that he in fact was moving because a place had not been found. Can he serve a 30-Day Notice and not move? Can he do this every month? We are anticipating a vacant unit, but how can we rent it out if we don't know when the tenant is really moving?
A) Your tenant cannot serve a notice to vacate and then remain in possession. If the tenant does not vacate, you have the right to initiate an unlawful detainer action to evict him from the property.
A) Your tenant cannot serve a notice to vacate and then remain in possession. If the tenant does not vacate, you have the right to initiate an unlawful detainer action to evict him from the property.
Friday, August 21, 2009
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