Properties West Blog

Q and A with Prop West

2011-07-08T12:38:00.000-07:00

Q) My tenant accidentally saw a notice that I am in default on the mortgage for the condo they rent. Now the tenant is claiming that they don't have to pay rent. Is that true?

A) No. As long as you still own the property the tenant must continue to pay you rent according to their signed lease. Issue a 3-day notice ASAP and if the tenant doesn't pay start eviction.

Q and A with Prop West

2011-06-24T12:14:00.000-07:00

Q) I have had a renter in my house for three years. I am now selling the house and I need to know what type of notice I should give the tenant?

A) If the buyer will be occupying the house once escrow closes then you can give the tenant a 30 day notice. If not, then you should give the tenant a 60 day notice since they have been renting the house for more than one year.

Q and A with Prop West

2011-06-17T14:00:00.000-07:00

Q) My tenant has changed the locks without my permission and is refusing to give me a copy of the new key. What should I do?

A) First, read the rental agreement. Most state that the tenant cannot make alterations to the unit without the owner's permission. If your agreement states this then you can serve a 3-day notice to give you a copy of the new key. If they do not respond to the 3-day notice then you can begin eviction.

Q and A with Prop West

2011-06-10T13:14:00.000-07:00

Q) I didn't know that the new building I bought had coin-operated machines that were on a self-renewing lease. Supposedly it is now too late to cancel the service. Am I stuck with these machines for another 5 years?

A) Most likely, yes, you are. The only exception would be if the self-renewing provision was not in "boldface" type at the beginning of the lease and at the end where all parties sign. Per civil code 1945.5 this can be unenforceable.

Q and A with Prop West

2011-06-03T15:11:00.000-07:00

Q) I own a building that is under rent control and due to the recent economy I have not raise rents in the last few years. Once the economy improves I would like to raise rents again. Can I make up for the last three years of not increasing rents by combining all of the increases from the last few years?

A) No. Basically if you don't use it, you loose it! Under Rent Stabilization for the City of Los Angeles you can not increase the rent more than the allowed amount per year.

Q and A with Prop West

2011-05-26T14:38:00.000-07:00

Q) After my tenant turned in a 30-day notice to vacant he informed me that he will be using his deposit as the last month's rent. I don't want him to do this since I know he will be responsible for some repairs that will need to be done and his deposit will not cover the last month's rent and the repairs. What can I do?

A) Since the security deposit will accounted for after the tenant moves out the tenant has not right to tell you what you do with the deposit. You can serve the tenant with a 3-day notice to pay or quit and if the tenant doesn't pay then you are able to begin eviction.

Q and A with Prop West

2011-05-20T16:34:00.000-07:00

Q) I had an applicant that applied for my vacant unit that was covered in tattoos and I found that his entire appearance very unappealing. Even though his references check out do I have to rent to him?

A) This would be considered "Arbitrary Discrimination." Under California Law you cannot deny a person on his physical appearance. You could end up in a discrimination lawsuit.

Q and A with Prop West

2011-05-13T14:55:00.000-07:00

Q) Recently my building has been vandalized several times. I would like to install security cameras. Do I have to notify the tenants?

A) Video and audiotape can be great evidence for eviction cases. You do not need to notify the tenants.

Q and A with Prop West: Commercial

2011-05-06T12:16:00.000-07:00

Q) I would like to raise the rent at my commercial unit more than 10%. How much notice must I give the tenant?

A) For commercial units to must give a 30-day notice in writing to the tenant by hand delivering it or by post it on the unit door and mailing a copy.

If this was a residential unit then you would have to give a 60-day written notice delivered by the same methods as above.

Q and A with Prop West

2011-05-02T14:43:00.000-07:00

Q) Two roommates rent one of my units. One roommate filed a police report against the other and is now demanding that I change the locks so the other roommate will not have access to the unit. Is that the landlords responsibility?

A) Upon written request and with a copy of the court order or police report the landlord shall change the locks for the protected tenant within 24 hours. (Civil Code Section 1951.5 (b))

Q and A with Prop West: Rent Control

2011-04-15T11:29:00.000-07:00

Rent Stabilization Updates: 1. Allowable Annual Rent Increase: The Los Angeles Rent Control annual rent increase for 2011 is currently 3% through June 30th and will remain 3% from July 1st, 2011 through June 30th, 2012. 2. City of Los Angeles Rent Registration was due February 28th, 2011. The cost is $18.71 per unit. The Los Angeles Division allows owners to pass-through one half of these fees ($9.35) with a 30-day notice, collectible in the month of June only. You must include a copy of the Rent Stabilization certificate to show proof that you paid the fees.

Q and A with Prop West

2011-03-25T14:41:00.001-07:00

Q) My tenant has changed the locks on his apartment and refuses to give me a copy of the new key. I want to have a copy in case of an emergency. What should I do?

A) Per most rental agreements tenants are not allowed to alter the property. You should serve the tenant with a 3-day notice to cure or quit and if the tenant does not give you a copy of the key or move out within the 3-day period then you can begin eviction.

Q and A with Prop West: Rent Control

2011-03-21T15:04:00.000-07:00

Q) I own a rent controlled building in Los Angeles and my tenants are always verbally complaining about one of the other tenants. He say he is noisy and disturbs them at all hours. I have warned this tenant in the past but now I think I need to take further action. What is the next step I should take?

A) First, send the noisy tenant a letter documenting the complaints and request that his actions stop immediately. Second, it would be a good idea to have the other tenants put their complaints in writing. Then if the noisy does not stop you can begin eviction based on the fact that the noisy tenant is a nuisance.

Q and A with Prop West: Evictions/Section 8

2011-03-11T14:32:00.000-08:00

Q) One if my Section 8 tenants has not paid her rent and I have filed an unlawful detainer against her. Can I still accept the portion of rent that is paid by Section 8 or will that cancel my eviction?

A) As long as you don't accept any portion of rent from the tenant than you can accept Section 8's portion without it effecting the eviction.

Q and A with Prop West

2011-03-04T12:58:00.000-08:00

Q) My tenant stayed an extra five days past the date on her 30 day notice because her new unit was not ready yet. Am I allowed to charge her for the full month's rent since she went over the original 30 days?

A) Technically since your tenant didn't vacant on time her 30 day notice would be void and she would owe you the full month's rent but most judges would rule that your tenant only owed you the pro-rated rent for the 5 extra days.

Q and A with Prop West: Rent Control

2011-02-18T12:56:00.001-08:00

Q) I own a rent control building. One of my tenants put up a false wall on their patio that is very unattractive and was done without my permission. What can I do?

A) Per most rental agreements a tenant can not alter their unit without written permission from the owner/landlord. Check their rental agreement first and if this is the case then I would give them a 3-day notice to cure or quit and if they have not removed the wall or moved out within the 3 day period then I would start eviction. It would be a good idea to document this wall with pictures.

Q and A with Prop West: Evictions

2011-01-28T13:54:00.000-08:00

Q) One of my tenants did not pay rent or move out after I served them a 3-day notice so I began eviction. The tenant's attorney put in a demand for a jury trial. Is this legal and what are my options?

A) It is legal to demand a jury trial for an eviction case. Most likely the attorney is hoping that they will win and that you will have to pay for the attorney costs. Check your rental agreement to see if any attorney fees are limited to $500.00. If so, that could eliminate the financial incentive out of a jury trial request.

Q and A with Prop West

2011-01-21T13:46:00.000-08:00

Q) I am behind on my mortgage payment for my tri-plex. I received a "Notice of default" and so did my tenants. My tenants are now saying that they don't have to pay me rent. Is this true?

A) It is not true. The tenants still owe you rent until the property is sold or defaults back to the bank. Then the new owner would be entitled to the rent.

Q and A with Prop West

2011-01-14T13:00:00.000-08:00

Q) My tenant of 12 years is moving out. The carpet and window coverings have to be replaced. What can I deduct from his deposit?

A) You are allowed to deduct for reasonable cleaning and unusual wear and tear. Since the carpet and window coverings are 12 years old the cause for their replacement is simply age, not unusual wear and tear by the tenant. Therefore, you should not make any deductions.

Q and A with Prop West: Rent Control

2011-01-07T12:22:00.000-08:00

Q) I have been renting to one of my tenants for ten years. About a year ago his girlfriend moved in and the started paying me rent. I have not added her to the rental agreement. Now my original tenant is moving out but the girlfriend is staying. Can I raise the rent to market value or can I only raise it the 3% that the Rent Stabilization allows?

A) Per Civil Code 1954.53 this would be considered a new tenancy and you can raise the rent to market value. If the rent will raise more than 10% you must serve a 60 day notice.

Q and A with Prop West: Rent Control

2010-12-03T13:34:00.000-08:00

Q) I own a property in Los Angeles that is under rent control. One of my tenants is a hoarder and her unit is full of junk, boxes, clothing and newspapers. I have asked her repeatedly to clean up the unit and she promises to but never follows through. What can I do?

A) According to most standard rental agreements tenants are responsible for keeping their unit in a neat and sanitary condition. You can send her a 3-day notice to cure the violation or quit. If she does not clean up the unit or move out within the 3-day period you can begin eviction.

Also, you could file a complaint with the Los Angeles Housing Department. They will cite her for the condition of the unit and order her to clean it up.

Q and A with Prop West

2010-11-19T12:17:00.000-08:00

Q) I just bought a non-rent controlled building and none of the tenants have rental agreements. I drafted new agreements and all of the tenants refused to sign them. What options do I have?

A) Actually, you have two options. The first would be to serve them a 3-Day Notice to Cure or Quit and if they do not sign the agreement or move in within the time period you can start eviction. The second option would be to send them the new agreement along with a 30-Day Notice to Change Tenancy. Once the 30 days have passed the new agreement will be legally binding. This can not be done to establish a fixed term lease, only a month to month lease.

Q and A with Prop West: California Law

2010-11-12T12:09:00.000-08:00

Q) When I rent a unit my usual business practice is to make a copy of the applicant's driver's licence. Recently, I had an applicant tell me that under California law he did not have to display his driver's licence.

A) Actually this applicant is correct. Under California law an applicant does not have to show you their driver's licence but also under California law you do not have to rent to them.

Q and A with Prop West

2010-11-05T16:26:00.001-07:00

Q) While I was getting one of my vacant units "rent ready" a friend of a tenant came by and viewed the unit. They said they would like rent it as is and finish up the repairs themselves if I would lower the rent amount. Is this a good idea?

A) Generally, no, this is not a good idea. Most of the time these situations do not work out and you should never have your tenants do their own repairs. In many cases the tenants never do the repairs or they do them incorrectly. Only the landlord or a qualified third party should do the work.

Q and A with Prop West

2010-10-15T10:31:00.000-07:00

Q) One of my tenants reported a stoppage in the toilet. A plumber was sent immediately and found the cause to be a small toy that was flushed down the toilet. I informed the tenant that they are responsible for paying for this repair since it was tenant caused. The tenant is refusing to pay the plumbing bill. What should I do?

A) Many, if not most, rental agreements state that a tenant is liable for a repair if it was caused by tenant negligence. Serve the tenant with the plumbing invoice and ask for payment. If they do not pay serve the tenants with a "notice to cure or quite." Then if they do not pay the invoice or move out within the three day period you can start eviction.

Q and A with Prop West

2010-09-28T15:22:00.001-07:00

Q) I own and rent out a single family house. My tenant recently asked if she could run a day care out of the house. I really don't want her to do this. Am I able to deny her request?

A) Your tenant has the right to operate a day care, for up to 6 children, under California Code. The law does require that the tenant have a licence and maintains liability insurance. This law does not pertain to apartments.

Q and A with Prop West

2010-09-17T12:04:00.000-07:00

Q) I had an applicant that signed a two year lease and paid his security deposit and 1st month's rent. A week before he was supposed to move in he called and said he had a change of mind and wanted all his money refunded. He said that because he was never given a key that the contract is void and he will sue if I don't refund his money. What are my rights?

A) Once that applicant signed the lease he became responsible for the two year regardless of whether or not you had given him a key to the unit or not. You need to send him a security refund itemization stating that he is responsible for the rent though the lease. No money needs to be returned to the tenant. Under the law, you do have an obligation to try to re-rent the unit as soon as possible to mitigate the tenant's losses. Once you get the unit rented again then the previous tenant will no longer be responsible for the rent.

Q and A with Prop West: Rent Control

2010-09-10T16:38:00.001-07:00

Q) I have a rent controlled building and most of the tenants either have no deposit or their deposit is a very small amount. How can I get them to pay more towards their deposits?

A) Per the Rent Stabilization Act, you cannot ask a tenant with no deposit to pay one. If the tenant does have an existing deposit you can raise the deposit annually 3% at the same time you raise the rent.

Q and A with Prop West

2010-09-03T13:13:00.000-07:00

Q) Is it really necessary to have each spouse complete a rental application and have there credit ran? Also, should all applicants sign the rental agreement?

A) Yes. It is very important that all adult applicants fill out a rental application, have their references checked, have their credit ran and, if approved, sign the rental agreement.

Q and A with Prop West

2010-08-06T14:04:00.000-07:00

Q) I have tenants who constantly pay late every month. Every month I have to knock on their door and beg for the rent and every month I get a different excuse. I am very tired of this so this month when they didn't I pay I served them a 3-day notice to pay or quit. I really just want these tenants out now so do I have to except the rent if they are able to pay it within the 3 days?

A) Yes. You must accept the rent if they pay the full amount of the notice within the 3-day period. You don't have to accept an amount less or more than the amount of the notice.

Q and A with Prop West

2010-07-16T16:36:00.000-07:00

Q) I have had the same tenants in one of my units for several year. Now they claim they have bed bugs and they will call the health department if I do not take immediate action. Who is responsible for this type of pest control?

A) You, the owner, are responsible for keeping the building pest free. You should rectify this situation as soon as possible since these pests can spread to other units quickly. The tenant would be responsible only if you could prove that they brought the bed bugs into the unit. This would be very difficult to prove to a judge.

Q and A with Prop West

2010-07-09T11:27:00.000-07:00

Q) What is the correct way to calculate the expiration date of a 3-day notice?

A) A notice may be served any day, including weekends and holidays. You do not count the day of service but count each day thereafter. The 3rd day, or day the notice expires, must be on a normal business day, and can not be on a weekend or holiday. So a notice served on Monday will expire on Thursday at midnight and a notice served on Wednesday, Thursday or Friday will expire the following Monday at midnight.

Q&A with Prop West!!

2010-07-01T15:27:00.000-07:00

(Q): I have a tenant who, for the past six months, has deducted different amounts from his rent for repairs he claims he needed done. He claimed that, under California law, he can repair and deduct for anything wrong in his apartment. What is the California law, and is he right?

(A): According to California Civil Code Section 1942, "If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period."
Under California law, the tenant must give the landlord notice of the dilapidations before the tenant may "repair and deduct." The landlord has a reasonable amount of time in which to remedy the dilapidations before the tenant may take any action. Also, only defects that are serious and render the premises uninhabitable will qualify for this remedy; a remedy of which the tenant may only take advantage of twice within the year.
Your situation does not seem to fit these very specific circumstances. Rather, the tenant is abusing a privilege under California law that he technically does not even qualify for. Without providing notice to you of any defects and giving you an opportunity to remedy such defects, the tenant has absolutely no right to repair the defects himself and deduct them from his rent.
Absent any waivers of your rights to accept the full amount of rent from your tenant, you may demand that the tenant pay all amounts previously deducted from his rent.

Q and A with Prop West: Rent Control

2010-06-18T14:51:00.000-07:00

Q) I own a building under rent control in Los Angeles. My tenant's one year lease is expiring soon and I have asked him to sign a new one year lease. The tenant is refusing to because he wants to stay on a month to month agreement. What are my options?

A) The Rent Stabilization Ordinance for Los Angeles would consider this to be grounds for eviction. Present your tenant with a similar one year lease to sign prior to the existing lease expiring and if he does not sign it do not accept any rent. Serve him with a 3-day notice to sign the lease or quit and if he doesn't you can begin eviction off the 3-day notice.

Q and A with Prop West

2010-06-15T15:01:00.000-07:00

Q) One of our tenants has his friends over quite often and we are afraid that they will cause problems. Can we legally prevent our tenant from inviting these people onto our property?

A) When you leased the unit, you gave up the right to posession. Your tenants are allowed to associate with whomever they choose and are allowed to invite these individuals into their unit. The only issue would be if these guests disturbed the other tenants or vandalized the property. That could be grounds for eviction or, if your property is not under rent control, for giving a 30-day notice vacate.

Q and A with Prop West: Rent Control

2010-06-04T10:49:00.000-07:00

Q) I own a single family home in Los Angeles. The tenant is currently on a month to month agreement. I can not afford to keep the property anymore so I will be selling it. Will I have to pay the tenant relocation fees?

A) Single-family residences are not subject to rent control so you are not obligated to pay any relocation fees. If the tenants have been there less than 1 year you will need to serve them a 30-day notice and if they have been there over 1 year you will need to serve them a 60-day notice to vacate.

Q and A with Prop West

2010-05-27T11:44:00.000-07:00

Q) My tenant has not paid their rent so I served them with a 3-day notice. The tenants made a partial payment during the 3 day period. Can I still start eviction on my tenants since they have still not paid the full rent amount?

A) If you accepted a partial payment at any time during or after the 3-day period you must send the tenants another 3-day notice with the correct amount that they still owe. Then if the tenants don't pay you can start eviction.

Q and A with Prop West: Rent Control

2010-05-17T16:17:00.000-07:00

Q) I recently raised the rent at my rent controlled building the allotted 4%. I just found out that one of my tenants has brought in a roommate. I know that the city allows an additional 10% rent increase for a roommate but do I have to wait another year to raise these tenants?

A) No, you do not have to wait to raise the rent.

Q and A with Prop West

2010-05-17T16:11:00.000-07:00

Q) One of my tenants, in a rent controlled building, left some candles lit and it set off the smoke detectors causing the fire department to respond. They broke down the door to let the smoke out. Can I evict the tenants? Can I make the tenants responsible for replacing the damaged unit door?

A) Since this was only a one time incident of negligence by the tenant it is not considered a nuisance and is not grounds for an eviction. The tenant is responsible for the damage caused by the for department.

Q and A with Prop West

2010-05-07T12:01:00.000-07:00

Q) Are there any special laws concerning the remediation of rental units formally occupied by smokers? Is there a special paint I need to use or do the walls need to be scrubbed?

A) There are no laws requiring a landlord and/or owner to do any special type of cleaning for units that were vacated by smokers.

Q and A with Prop West

2010-04-30T14:34:00.000-07:00

Q) I have a single family house that I rent out. When the original lease expired I gave the tenants a new one year lease with a rent increase. The tenants still have not signed the lease nor are they paying the new rent amount. What should I do?

A) You have three options. 1. Serve the tenants a notice to vacate. 2. Serve the tenants a 3-day notice to sign the agreement or move out. If they don't sign or move out you can start eviction.
or 3. Send the tenants a 30-day notice to increase their rent and let them stay on a month to month agreement.

Q and A with Prop West

2010-04-21T12:06:00.000-07:00

Q) I just bought a tri-plex with existing tenants and the previous owner did not get security deposits. The building is not under rent control. Can I serve them a 30-day notice requesting that they pay a deposit?

A) Yes. You have the right to request that a security deposit is paid. You may do this by serving a 30-day notice. Remember that a security deposit cannot be more than two times the monthly rent.

Q and A with Prop West

2010-04-16T11:57:00.000-07:00

Q) I have a rental apartment building that is under rent control. One if my tenants just obtained a roommate. Can I raise the rent?

A) Yes. Under the Los Angeles Rent Stabilization Ordinance you can raise the rent an additional 10% for each new tenant that joins the tenancy after its inception. The only exception is if the new tenant is a dependent minor.

Q and A with Prop West

2010-04-09T13:29:00.000-07:00

Q) One of my tenants is on a one year lease and just gave me a notice that he is moving. The problem is that he wants to move out before his lease is up. He said that his job is being transferred and legally I have to let him out of his lease. Is this true?

A) This is NOT true. Once a lease is signed it is a binding obligation for all parties. The only time an owner/landlord must let their tenants out of a leases is if the tenant is being deployed by the military and the tenant gives a 30 day notice.

Q and A with Prop West

2010-04-02T12:33:00.000-07:00

Q) My tenant is complaining that the back yard is infested with gophers and that their holes are very dangerous. The rental agreement states that the tenant shall maintain all the landscaping. Am I legally responsible for removing the gophers?

A) Based on the clause in the rental agreement, the tenant is responsible at his own cost.

Q and A with Prop West: Rent Control

2010-03-26T10:40:00.000-07:00

Q) I own a rent controlled building. Once a tenant moves out I renovate the unit and then rent it out for a significantly higher rent amount. One of my tenants is claiming that I am discriminating against him because I won't renovate his unit. He claims he will report me to the city. Is there anything I can do?

A) Yes, you can tell this tenant that he can move into one of your newly renovated units and pay the higher rent amount. If he does not take this option you do still have the obligation to keep his unit habitable.

Q and A with Prop West: Rent Control

2010-03-19T12:12:00.000-07:00

Q) I pay for water at my rent controlled building in Los Angeles. The cost has gone up over the past couple of years. Can I pass on any of this cost to the tenants?

A) Unfortunately, since the property is under rent control you are subject to the annual allowable rent increases as set by the City of Los Angeles.

Q and A with Prop West

2010-03-12T14:35:00.000-08:00

Q) I have an apartment building in Los Angeles and one of my tenants has an inoperable car in the parking area. It is very unsightly. Is there anything I can do?

A) According to the Los Angeles Municipal Ordinance an inoperable car may not be parked in an apartment complex for safety reasons. You can serve the tenant a "notice to perform or quite" and if the tenant does not remove the vehicle in three days you can start eviction.

Q and A with Prop West

2010-03-08T14:49:00.000-08:00

Q) I have to fumigate my apartment building and the tenants will be out for two days. One of the tenants wants me to hire a security guard to watch the property and protect their belongings while they are out. Is this my responsibility?

A) It is not the responsibility of the landlord. Make sure that your are contracting a licenced and bonded pest control company and the suggest to the tenant that they remove all valuables; like cash and jewelry.

Q and A with Prop West

2010-02-26T10:55:00.000-08:00

Q) Recently a handicapped person applied for one of my vacancies. My building is not equipped for handicapped individuals. If I rent to this person, will I have to make alterations to my building to accommodate them?

A) The law requires that you must make reasonable accommodations to persons with a disability but the law does not require that you pay for any alterations. It would be the responsibility of the tenant to pay for the costs.

Q and A with Prop West

2010-02-19T13:37:00.000-08:00

Q) My tenant is on a one year lease and just gave my a 30 day notice to vacate after his 5th month. Can I keep his deposit?

A) Yes. Once you take back possession of the unit you have 21 days to send out an itemization of the security deposit. On that you will indicate that the tenant owes rent for the remainder of his lease and any damages. When you subtract the security deposit, it will show a balance owed to the owner.

Q and A with Prop West

2010-02-12T13:42:00.000-08:00

Q) An applicant with a service dog applied for one of my vacant units. I understand that I must allow this person to rent the unit if they qualify but I want to know if I can charge a larger deposit? I do not normally accept pets since I am concerned about the damage they can cause.

A) In this case I would not change the advertised deposit amount. It could be considered discrimination against handicapped individuals.

Q and A with Prop West

2010-02-05T13:58:00.000-08:00

Q) I own a rent control building. One of my tenants took on a roommate and I accepted rent from the roommate. Now the original tenant is moving out. Can I raise the rent on the roommate?

A) According to California Civil Code 1954.53, once the original tenant moves out you are able to raise the rent to the market rent. This is still acceptable even tough you have accepted rent from the roommate and the unit is under rent control.

Q and A with Prop West

2010-01-29T13:38:00.000-08:00

Q) I live in my rental apartment building with my girlfriend. I want her to move out and she will not. What legal rights do I have?

A) If your girlfriend is not paying any rent, this is considered a tenancy-at-will. You can terminate this type tenancy with a 30-day notice even if the unit is under rent control. If she does not vacate after the 30 days then you can begin eviction.

Q and A with Prop West

2010-01-22T10:34:00.000-08:00

Q) I have a tenant with a non-emergency maintenance problem. I have my handyman all set up to to do the repair but the tenant is telling me that she will only allow access Monday-Friday from 7am -3pm. Does she have the right to set these hours?

A) Unless it is an emergency repair work should only be scheduled during normal business hours, Monday-Friday from 9am-5pm. Your tenant is being reasonable.

Q and A with Prop West

2010-01-15T12:20:00.000-08:00

Q) I gave my tenant a 60-day notice to vacate. After the 60 days my tenant said they needed more time to move and paid the next month's rent. Now the month up and the tenants are refusing to vacate. Can I start eviction on them?

A) No. Since you accepted rent after the expiration of the 60-day notice you have cancelled the notice. You must now serve another 60-day notice and if the tenants don't move after the 60 days you can start eviction.

Q and A with Prop West: Rent Control

2010-01-15T12:16:00.000-08:00

Q) I have a tenant in a rent controlled building that always pays late. I have to serve him a 3-day notice every month and he always pays by the third day. Can I charge my tenant for having to serve him a notice every month?

A) Yes, you can but only if it says so in his rental agreement.

Q and A with Prop West

2009-12-29T14:47:00.000-08:00

Q) I have a tenant who has lived in my building for over one year. What type of notice do I need to serve to terminate his tenancy?

A) Since the tenant has lived in the unit for more than one year a 60-day notice is required to terminate a month-to-month agreement.

Q & A With Properties West

2009-11-06T09:44:00.000-08:00

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)

Q & A With Properties West

2009-10-20T13:10:00.000-07:00

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)

Q & A With Properties West

2009-10-08T13:30:00.000-07:00

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)

Q & A with Properties West

2009-10-01T11:43:00.000-07:00

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)

Q & A with Properties West

2009-09-14T14:36:00.000-07:00

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.

Q & A With Properties West

2009-08-27T16:03:00.000-07:00

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.

Q & A with Propeties West

2009-08-21T16:29:00.000-07:00

Q and A with Prop West

2009-08-17T12:27:00.000-07:00

Q) What is the permissible rent increase that the City of Los Angeles will allow for July, 2009 (if the unit is under rent control)?

A) The rent increase for this period will be 4%. A landlord is allowed an additional 1% if electricity or natural gas is supplied.

(taken from AOA magazine; June 2009)

Q and A with Prop West

2009-08-11T16:31:00.000-07:00

Q) I manage a commercial property in Eagle Rock. I'm getting several calls from people wanting to rent the space for "medical marijuana." May I legally refuse them both on the phone and on my recorded announcements?

A) A commercial landlord certainly has the right to limit what type of business will be occupying the premises. Under Federal law this business is illegal, though California does sanction this activity.

Q and A with Prop West

2009-07-28T14:16:00.000-07:00

Q) I have a tenant who locked himself out of his unit. My manager was not home at the time and the tenant was forced to call a locksmith. He has now deducted the cost of the locksmith from his rent. He claims that the resident manager must be available at all times foe this type of situation. Is he permitted to deduct this charge from his rent?

A) Your tenant is incorrect. In California, a resident manager is required where there are 16 or more units on the property. This does not mean that the manager must be present 24 hours a day. It is your tenant who created the problem by locking himself out of the unit and therefore he must be responsible for the cost. I would serve a 3-day notice for the balance owed in the rent.

(taken from AOA magazine; June 2009)

Q and A with Prop West

2009-07-21T10:03:00.000-07:00

Q) I have a four unit building in the city of Los Angeles under rent control. It has four parking spaces. One tenant's rental agreement allowes him to use two spaces. This was negotiated before I became the owner. This really hampers me in leasing out one of the units. Is there anything that I can do?

A) You are allowed to change the terms of the tenancy by serving a 30-day notice. In this case you could take away this additional parking space, but you you have to give a corresponding reduction in rent.
Pursuant to the Los Angeles Housing Department guidelines, the reduction is $60-$200 per month depending on the availability of street parking and the local parking structures.

(Taken from AOA News; June 2009)

Q and A with Prop West

2009-07-14T14:10:00.000-07:00

Q) I have a tenant that is an up and coming actor. He is having difficulty in paying me rent. He told me that in a few years people will point to my building and say how this famous actor once lived there. What should I do?

A) Tell your "soon to be famous" actor that people will start pointing tomorrow if the rent is not paid.

Serve the tenant a 3-day notice to pay rent or quit and he does not does pay then begin eviction.

(Taken from AOA News; May 2009)

Q and A with Prop West

2009-07-07T11:10:00.000-07:00

Q) I have a rent controlled building in Los Angeles. When I bought the building, I got the tenants to sign new rental agreements. My rental agreement limited the parking spaces to one per unit. One tenant is parking two vehicles on the premises. He told me that he has always parked the vehicles on the premises, even before I was the owner. Since he signed my rental agreement, limiting the parking privileges, can I enforce this provision?

A) Your tenant had no obligation to sign the new rental agreement. Since the tenant did sign the new agreement, he must now follow the parking rules or that would be grounds for eviction.

(taken from AOA news; May 2009)

Q and A with Prop West

2009-06-30T13:06:00.000-07:00

Q) What is the earliest that I can serve a "3-Day Notice to Pay Rent or Quit"? For example, if the rent is due on the 1st, what is the first possible day that I can serve the notice? My lease allows for a five day grace period.

A) You can serve a notice the day after rent is due. Therefore, if the rent is payable on the first, you can serve the notice on the second. The exception to this rule is if the first is on a Saturday, Sunday or legal holiday. If that is the case, the due date would not occur until the following day and the notice could be then be served one day thereafter.

Q and A with Prop West

2009-06-23T10:11:00.000-07:00

Q) I had a pipe burst in the unit, which has caused damage to my rental. My tenant refuses to cooperate with my reasonable and prompt efforts, what should I do?

A) Civil Code Sect. 1941.1 imposes on the landlord the DUTY to maintain the rental premises in a habitable condition. If your tenant won't cooperate with your reasonable efforts to make repairs, it is a fair inference that your tenant is trying to obtain an undeserved rent concession from you. Serve your tenant with a "Notice of Intent to Enter..." You should post this notice on the door stating the date, time and reason why you are entering the premises. The work should be done Monday-Friday, during normal work hours of 9:00 am to 5:00 pm. If there is no answer at the door, you may use your passkey. If that does not work, you may call a locksmith. If the tenants is there and refuses your entrance, call the local police. Do whatever it takes to get the problem fixed. Only by doing this can you "cut off" your tenant's claim for rent concessions. Civil Code Section 1954 gives you an absolute right to get in and do the work, with a written notice.

(taken from AOA magazine; May 2009)

Q and A with Prop West

2009-06-16T12:24:00.000-07:00

Q) My tenant gave me verbal notice that she was going to vacate by the end of May 2009. She further stated that she was not going to pay May rent since she was vacating and told me to use the security deposit to cover the rent. What should I do?

A) Serve your tenant a 3-day notice to pay rent or quit. If your tenant does not pay, you can proceed to evict your tenant for non=payment of rent. In this situation you can never be sure the tenant will actually vacate at the end of the month. Many tenants serve their landlord a 30-day notice, with no intention of moving. This is done in hopes that the landlord will delay any action for 30 days.

(taken from AOA magazine, May 2009)

Q and A with Prop West

2009-06-09T13:12:00.000-07:00

Q) My former tenant filed a small claims actions against me for failing to return her security deposit. I sent an itemization within the 21-day period. I did not return anything because of damages and unpaid rent. At the hearing, the judge gave my tenant all of the security deposit back for no apparent reason. What can I do now?

A) Your next step is to appeal the small claims court judgement. You must do so within 30 days of the date that the judgement was entered. Your appeal is actually a new trial of the original small claims case and will be heard by a different judge. The plaintiff must prove her case, and you can defend. This time, however, you are allowed to have an attorney representing you at the new trial.

(taken from AOA news; May 2009)

Q and A with Prop West

2009-06-02T13:35:00.000-07:00

Q) I recently found out that my tenant lied on his application. He told me that he had never been evicted and I have now found out that he was evicted twice before. I really do not feel comfortable with this person in my building. This is a rent controlled building. Is this grounds for eviction?

A) Misrepresentation on an application would not be grounds for an eviction unless there is a term in your rental agreement that states: "Misrepresentations on an application will be considered a material breech of this rental agreement."

(taken from AOA News; March 2009)

Q and A with Prop West: Rent Control

2009-05-26T11:02:00.000-07:00

Q) What is the 2009 allowable rent increase for properties under rent control?

A) The permitted rent increase for July 1, 2009 has been raised to 4% of the existing rent. You can also collect 1% per utility paid other than water.

2009-05-19T15:20:00.000-07:00

Q) ... I just purchased a non-rent control apartment building. can I ask my tenants to sign a new house rules and if they refuse, do I have any course of action? Secondly, what is the difference between a 30-day notice and a 60-day notice to vacate?

A) If the tenants are on a month-to-month tenancy, you can merely serve a "Change of Terms" notice on your tenant, which will institute these rules. You would need to give a 30-days advanced notice. After the thirty days, the rules will become part of this tenant's tenancy. You also can serve a notice to terminate the tenancy. If the tenant has been in the unit one year or longer, you would need to serve a 60-day notice to quit. Otherwise, you can serve a 30-day notice.

(taken from Apartment Owners association News, March 09)

Q and A with Prop West

2009-05-12T11:38:00.000-07:00

Q) I have a tenant who has been renting from me for seven years. They are now moving out. Can I charge them anything for new carpet?

A) From a security deposit you are allowed to deduct for unusual wear and tear to the unit. In this case, the carpeting was at least seven years old. Seven years would seem to be the usual life of carpeting and therefore I do not believe that you can deduct this from the security deposit.

(taken from Apartment Owners Association News, May 2009)

Q and A with Prop West

2009-05-05T15:44:00.000-07:00

Q) I have a family who served me a notice to move with less than the required time by approximately seven days. Can I withhold any part of the security deposit for not giving the required 30-day notice? Thirty days advanced notice is required in the rental agreement.

A) A tenant terminating his month-to-month tenancy must serve a 30-day written notice. For the record, emails do not constitute a proper notice. The tenant is therefore liable for the rent for the full 30-day period. As such, you may deduct the additional rent from the security deposit.

Q & A with Prop West

2009-04-23T10:18:00.000-07:00

Q) Is internal wiring for land line telephones the responsibility of the tenant or the owner of the building? I have four units on this property.

A) Under California law the landlord is required to have one working jack in his unit. You, therefore, would be responsible for the internal wiring for at least one jack.

(Taken from Apartment Owners Association News; March 09)

Q & A with Prop West: Rent Control

2009-04-16T16:59:00.000-07:00

Q) I bought a building in a rent controlled area. One of the tenants does not have a rental agreement. The previous owner allowed this tenant to have a dog. The tenant now wants to bring in an additional dog. I really am opposed to this. Is there any way to stop the tenant from getting an additional pet?

A) Unfortunately, since you do not have a rental agreement, the tenant is free to bring in an additional pet. If either of the pets becomes a nuisance, that could give rise to an eviction action, otherwise you will have to accept the situation.

(taken from Apartment Owners Association News, March 09)

Q & A with Prop West

2009-04-09T15:13:00.000-07:00

Q) I own two adjoining lots. On one lot I have two buildings, each with nine units. On my other lot, I have a 16 unit building. I have a resident manager in the 16 unit building and this manager is perfectly capable of managing all the units. Would this be in accordance with the law?

A) Under California law you must have a resident manager if 16 or more units are on a lot. The fact that your two lots are adjoining is not relevant. The law would require that you have a resident manager on both lots.

(Taken from Apartment Owners Association News; March 2009)

Q & A with Prop West

2009-03-26T13:03:00.000-07:00

Q) I am renting my house on a one-year lease. I have been having trouble making the mortgage payments and the bank sent a "Notice of Default."
The tenant received a copy of this notice. The tenant is now claiming that she does not have to pay rent since I am in default. I will not be losing the house in foreclosure, as I will be making up the payments soon. Can she just stop paying rent?

A) As long as you own the house, your tenant must abide by the terms of the lease and pay you the rent. You should immediately issue a "Notice to Pay Rent or Quit" and proceed with an eviction, if the rent is not paid.

(Taken from Apartment Owners Association News; February 2009)

Q & A with Prop West: Tenant Screening

2009-03-18T10:24:00.000-07:00

Q) Can I decline an applicant on the basis that the tenant is a smoker?

A) It is certainly within a landlord's right to have a smoke-free environment. Landlords have been getting complaints from tenants regarding second-hand smoke. I can anticipate that some tenant will file a lawsuit against the landlord for allowing the situation to continue. On this basis, I think it is wise to discriminate against smokers.

- It might be wise to advertise the vacant unit or building as "non-smoking."

(Take from Apartment Owners Association Magazine; February 2009)

Q & A with Prop West: Rent Control

2009-03-09T12:14:00.000-07:00

Q) I have a rent controlled unit in the city of Los Angeles. I do not have a rental agreement with one of the tenants. Last year, this tenant brought in a roommate. I never accepted any rent from this person. I have now learned that my original tenant has vacated and this roommate does not want to leave. What rights do I have?

A) This roommate can be forced to vacate. The tenancy ended once the original tenant vacated. You can serve a 3-Day Notice to Quit on this person and commence an eviction if the roommate refuses to evict.

(Taken from the Apartment Owners Assciation News, February 2009)

Q & A with Prop West

2009-03-04T11:51:00.000-08:00

Q) My tenant locked herself out of her unit, late at night. The resident manager refused to answer the door at this late house so the tenant had to call a locksmith to come. The tenant now claims that I am responsible for the cost of the locksmith since my manager refused to open the door. Am I responsible?

A) An apartment manager does not have to be available 24 hours a day. Your manager has every right not to answer the door at that time. The tenant is responsible for the cost of the locksmith.

(taken from Apartment Owners Association News; Feb. 2009)

Q & A with Prop West: Section 8

2009-02-26T10:31:00.000-08:00

Q)I have an applicant for one of my units who wants me to accept him as a Section 8 (rent subsidized) tenant. I told him that I do not take Section 8 tenants. He told me that he would be filing a discrimination complaint. Am I required to take Section 8 tenants?

A) It is not considered discriminatory to refuse to accept a Section 8 tenant. I have many clients who have been terminating their Section 8 agreements. This can (also) be done in rent controlled units.

(Taken from Apartment Owners Association News, Feb. 2009)

Q & A with Prop West

2009-02-19T11:43:00.000-08:00

Q) I rented a house to a tenant, which has a large lawn area. The tenant is refusing to water the lawn as he claims that it is causing his water bill to go up. I am afraid that the lawn will die. Under the agreement the tenant is to pay for water. What should I do?

A) Your tenant is responsible to maintain the premises. The law imposes this in every lease agreement. Since your tenant is required to pay for the water, it is his sole responsibility to water the lawn to maintain its condition. As a practical solution, you might (want) to offer the tenant a slight discount in the rent, so that (the) tenant will comply willingly.

(taken from Apartment Owners Association News, February 2009)

Q & A with Prop West: Rent Control

2009-02-12T14:54:00.000-08:00

Q) I have a tenant who issued a 30-day notice that he would be vacating. I was very happy to receive that notice, as his rent is very low and this is a rent controlled apartment. I sent him a letter acknowledging the fact that I received his notice. He now informs me that he has changed his mind and does not want to vacate. Can I force him off the property?

A) Since you accepted his notice, you have the right to proceed with an unlawful detainer, if the tenant fails to vacate.

(taken from Apartment Owners Association News, Feb. 2009)

Q & A with Prop West

2009-02-05T15:00:00.000-08:00

Q) I supply a refrigerator with my apartment. My tenant has called and stated that it is not working and wants to replace the unit. On previous inspections, I noticed that my tenant has never taken care of the refrigerator. Am I know obligated to replace the unit?

A) If you supply a refrigerator, you must either fix the unit or have it replaced. If the refrigerator is self-defrosting, there really is no maintenance required for the appliance. The fact that the tenant did not clean the exterior or interior of this unit would not cause it to stop working.

(taken from Apartment Owners Association News, Dec. 2008)

Q & A with Prop West

2009-01-29T11:30:00.000-08:00

Q) I have started eviction on my tenant for non-payment of rent. The tenant is contesting the case claiming the amount stated in the notice is incorrect. His position is that I failed to reimburse him for cleaning the carpet. I had previously refused his request. He then contracted with a carpeting cleaning company and presented me with a bill. Am I responsible for cleaning of the carpets?

A) A landlord is not responsible for cleaning. it is your tenant's responsibility to maintain the premises in a neat and sanitary condition. This would include cleaning the carpets is required.

(taken from Apartment Owners Association News, Jan 09)

Q & A with Prop West

2009-01-22T15:49:00.000-08:00

Q) A married friend of mine has a 7 year old daughter and a 12 year old son. When they applied to rent a 2-bedroom apartment the property management refused to rent to them stating that children of opposite genders over 6 years of age aren't allowed to share a bedroom. The manager explained that it would be unhealthy and unnatural. My friend stated that they have a good, healthy relationship. My friend can not afford the additional rent for a 3-bedroom apartment anyway. Can the manager refuse to rent a 2-bedroom apartment to my friend for this reason?

A) No, the manager can not refuse to rent to your friend (or any other family) with two children because of the difference in genders. A rental policy of not allowing male and female children to occupy the same room is discrimination and is considered a civil rights violation.

(taken from apartment management magazine, Dec. 2008)

Q & A with Prop West

2009-01-14T12:39:00.001-08:00

Q) I have a judgement against a former tenant for about $5,000. The judgement was obtained over five years ago. I know the tenant has nothing, but I was wondering if the judgement is still valid. I have not taken any steps to collect on this judgement.

A) A judgement is valid for 10 years and can be renewed for another 10-year period. The fact your tenant has no assets, five years ago, does not mean that the same is true today. We have found that collecting on old has a very healthy success rate. The tenant usually has forgotten about the judgement and makes no effort to hide bank accounts or places of employment.

(take from Apartment Owners Association - January 2009)

Q & A with Prop West: Tenant Screening

2009-01-08T12:43:00.000-08:00

Q) Our office received an application, and "yes" had been marked on the box when asked if they had been convicted of a felony. Can legally they be asked what the felony conviction was for?

A) Yes. Diligent tenant screening will require further investigation into the prospective applicant's background. A felony involving a crime against persons or property is highly relevant to the qualification of this particular applicant. You have a legitimate business reason for inquiring further to determine if accepting this application will endanger your building or any of the other occupants. A felony conviction for rape, burglary, murder, arson, possession for sale of narcotics, felonious assault or other serious crime against persons or property are all grounds for denial of a tenancy. Many landlords will distinguish certain felonies that are not against persons or property, for example, tax evasion conviction, or other so called victimless crimes.

(taken from Apartment Management Magazines-January 2009)

New Year

2008-12-30T12:33:00.001-08:00

Everyone at Properties West would like to wish you and your loved ones a wonderful, safe and prosperous 2009.

Happy New Year!

Q & A with Prop West

2008-12-18T10:02:00.000-08:00

Q) The complex I manage is pet-free. I have witnesses saying that they have seen a tenant with a dog in his unit. I have not seen this myself and therefore am lost as to what to do. How do I go about enforcing the no-pets rule without proof?

A) I would confront the tenant and ask if they are maintaining a dog on the the property. Generally, when you knock on a door, a dog will bark which will certainly answer the question. In addition, you could merely wait outside one morning to see if the dog is being taken out.

If you determine that in fact a dog is being maintained on the premises, you should serve a "3-day notice to cure the violation" which would give your tenant three days to remove the dog from the premises. If the dog remains, that would give rise to an eviction.

(taken from Apartment Owners Association News- December 2008)

2008-12-09T09:09:00.000-08:00

Q) Is it the apartment owner's responsibility to pay for cleaning the carpets after a tenant moves out?

A) State law requires departing renters to leave apartments as clean as when they moved in, including carpets. Otherwise, you can be charged for such cleaning costs.

Q) I recently got a rent increase of 4%, although I know the legal limit is 3% unless the owner pays for all of the gas or electric, in which case they can get 1% extra for each. My owner said that in my case, it was to pay for water. Is that legal?

A) Although he can charge an extra 1% for gas or electric (2% if he pays both), he cannot charge you any extra rent for water.

(taken from Apartment Age, December 2008)

Q & A with Prop West

2008-11-24T11:26:00.000-08:00

Q) Being an owner of a rent control property in the City of Los Angeles, can I move into a unit and continue leasing out the other units? What is the procedure to have one of the tenants vacate since they have lived there over eight years?

A) An application needs to be filed and approved by the Rent Stabilization for the City of Los Angeles. Relocation money would have to paid to the tenant. Currently that sum is $17,080.00. Since the tenant has been in the unit for over one year, a 60-day notice to quit would need to be served on the tenant, once the application is approved.

Q) In an unlawful detainer trail, a witness cannot attend due to preexisting vacation plans. Is it permissible for this person to sign a statement?

A) In general, an out of court statement cannot be used during a trial. This would be considered hearsay. If this person's testimony is truly needed, you should seek a postponement of the trial so that this person would be in attendance.

(Taken from Apartment Owners Association News, August 2008)

HAPPY THANKSGIVING!

Q & A with Prop West

2008-11-20T09:15:00.000-08:00

Q) I recently moved in with my girlfriend in Los Angeles. Her landlord informed her that with me as an additional tenant, the rent will go up 10%. Is this right? Or is this just the landlord coming up with a way to make a little more money?

A) Under Los Angeles' rent control ordinance, the owners generally are allowed to charge 10% extra for each additional resident. There are exceptions to this rule, however.

For instance, the first minor child (including twins) in rent-controlled units in L.A. is free. Replacement renters are also free. For example, if your girlfriend started her tenancy with a roommate, her rent cannot be raised if you merely replace the former roommate, assuming your girlfriend is an original tenant in the unit.

(taken from Apartment Age, November 2008)