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.
Tuesday, September 28, 2010
Friday, September 17, 2010
Q and A with Prop West
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.
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.
Friday, September 10, 2010
Q and A with Prop West: Rent Control
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.
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.
Friday, September 3, 2010
Q and A with Prop West
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.
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.
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