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.
Friday, July 8, 2011
Friday, June 24, 2011
Q and A with Prop West
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.
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.
Friday, June 17, 2011
Q and A with Prop West
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.
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.
Friday, June 10, 2011
Q and A with Prop West
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.
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.
Friday, June 3, 2011
Q and A with Prop West
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.
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.
Thursday, May 26, 2011
Q and A with Prop West
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.
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.
Friday, May 20, 2011
Q and A with Prop West
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.
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.
Friday, May 13, 2011
Q and A with Prop West
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.
A) Video and audiotape can be great evidence for eviction cases. You do not need to notify the tenants.
Friday, May 6, 2011
Q and A with Prop West: Commercial
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.
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.
Monday, May 2, 2011
Q and A with Prop West
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))
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))
Friday, April 15, 2011
Q and A with Prop West: Rent Control
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.
Friday, March 25, 2011
Q and A with Prop West
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.
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.
Monday, March 21, 2011
Q and A with Prop West: Rent Control
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.
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.
Friday, March 11, 2011
Q and A with Prop West: Evictions/Section 8
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.
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.
Friday, March 4, 2011
Q and A with Prop West
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.
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.
Friday, February 18, 2011
Q and A with Prop West: Rent Control
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.
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.
Friday, January 28, 2011
Q and A with Prop West: Evictions
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.
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.
Friday, January 21, 2011
Q and A with Prop West
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.
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.
Friday, January 14, 2011
Q and A with Prop West
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.
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.
Friday, January 7, 2011
Q and A with Prop West: Rent Control
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.
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.
Subscribe to:
Posts (Atom)
