Q & A with Prop West: Rent Control

Rent Control

Q) A building is under rent control. What is the highest rate that can be charged for a one bedroom and one bath unit? Where can you go to find out more about rent control?

A) After a voluntary vacancy, there is no rent limitation for any new tenant coming into a building. You are free to charge any amount. The phone number for Rent Stabilization for the City of Los Angeles is (866)557-RENT.

Selling/Buying a Building Under Rent Control

Q) If a building is sold and under rent control, what are the rights of the tenants with the new owner? Does the rent remain the same? Can a new owner force them to move?

A) If there is a fixed term lease, the new buyer needs to abide by its terms. Since the building is under rent control, you must comply with the ordinance in that jurisdiction. Generally, you will not be able to vacate the unit without cause.

(Taken from September 2005 Apartment Owners Association News)

Facts About Small Claims Court

Small claims court offers a useful but underutilized way for small property owners to resolve monetary disputes with renters. Here's an overview of how the system works and how best to use it to your advantage.

*You represent yourself. No attorney is required, so it's a low cost solution for small-dollar disputes.
*Good documentation is key. Bring all documentation and supporting evidence.
*Provide a good contract/lease to prove your complaint is valid and contractually agreed upon.
*Provide written communications, such as letters or e-mails to document your case.
*Provide photos. Digital photos provide excellent documentation and can help the judge visualize the problem. Photos taken at both move-in and move-out inspection will convincingly document any damage done by the renter.
*Make your case before the judge. Do your home-work by establishing the sequence of events and putting your documents in order. Relax and explain to the judge why you feel you are right.

Small claims court is practical ONLY when your judgment is collectable. If the renters can't pay the rent owed, it is better to evict than obtain an unenforceable judgment. Going to small claims first would probably bar you from evicting the tenant for nonpayment of the same rent.

(Taken from Apartment Owners Association August 2008)

Q & A with Prop West

Landlord Right to Enter

Q) Repairs need to be made to the inside of a unit. The tenant said the workers cannot have access unless they are present. Since, the tenant works, they will only allow the contractor to come in on weekends. This will add additional costs to the job. Does the landlord have the right to enter?

A) Owner's are not obligated to follow tenant's requests. To gain access to a unit, a landlord needs to serve a 24-hour notice, which states the date, time, and reason why access is needed to the unit. Unless, a previous arrangement is made with a tenant, request for access should be from Monday to Friday, during normal business hours. The tenant has no right to demand a specific time that contractors may enter the unit.

Partial Payments of Rent

Q) A "3-Day Notice to Pay the Rent or Move Out", was served on a tenant. The tenant came with a partial payment and said the landlord had to accept it since it was within the 3-day period. Does a landlord have to accept a partial payment of rent?

A) A landlord does not have to accept a partial payment in rent. If a tenant does not pay the full amount, within the 3-day period, an unlawful detainer can proceed. If a landlord does accept a partial payment, a new 3-day notice for the amount currently owed should be served.

(apartment owners association magazine August 2008)