Q & A with Prop West: Section 8

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

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

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

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)