Q & A with Prop West

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

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

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

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)