Everyone at Properties West would like to wish you and your loved ones a wonderful, safe and prosperous 2009.
Happy New Year!
Tuesday, December 30, 2008
Thursday, December 18, 2008
Q & A with Prop West
Q) The complex I manage is pet-free. I have witnesses saying that they have seen a tenant with a dog in his unit. I have not seen this myself and therefore am lost as to what to do. How do I go about enforcing the no-pets rule without proof?
A) I would confront the tenant and ask if they are maintaining a dog on the the property. Generally, when you knock on a door, a dog will bark which will certainly answer the question. In addition, you could merely wait outside one morning to see if the dog is being taken out.
If you determine that in fact a dog is being maintained on the premises, you should serve a "3-day notice to cure the violation" which would give your tenant three days to remove the dog from the premises. If the dog remains, that would give rise to an eviction.
(taken from Apartment Owners Association News- December 2008)
A) I would confront the tenant and ask if they are maintaining a dog on the the property. Generally, when you knock on a door, a dog will bark which will certainly answer the question. In addition, you could merely wait outside one morning to see if the dog is being taken out.
If you determine that in fact a dog is being maintained on the premises, you should serve a "3-day notice to cure the violation" which would give your tenant three days to remove the dog from the premises. If the dog remains, that would give rise to an eviction.
(taken from Apartment Owners Association News- December 2008)
Tuesday, December 9, 2008
Q) Is it the apartment owner's responsibility to pay for cleaning the carpets after a tenant moves out?
A) State law requires departing renters to leave apartments as clean as when they moved in, including carpets. Otherwise, you can be charged for such cleaning costs.
Q) I recently got a rent increase of 4%, although I know the legal limit is 3% unless the owner pays for all of the gas or electric, in which case they can get 1% extra for each. My owner said that in my case, it was to pay for water. Is that legal?
A) Although he can charge an extra 1% for gas or electric (2% if he pays both), he cannot charge you any extra rent for water.
(taken from Apartment Age, December 2008)
A) State law requires departing renters to leave apartments as clean as when they moved in, including carpets. Otherwise, you can be charged for such cleaning costs.
Q) I recently got a rent increase of 4%, although I know the legal limit is 3% unless the owner pays for all of the gas or electric, in which case they can get 1% extra for each. My owner said that in my case, it was to pay for water. Is that legal?
A) Although he can charge an extra 1% for gas or electric (2% if he pays both), he cannot charge you any extra rent for water.
(taken from Apartment Age, December 2008)
Monday, November 24, 2008
Q & A with Prop West
Q) Being an owner of a rent control property in the City of Los Angeles, can I move into a unit and continue leasing out the other units? What is the procedure to have one of the tenants vacate since they have lived there over eight years?
A) An application needs to be filed and approved by the Rent Stabilization for the City of Los Angeles. Relocation money would have to paid to the tenant. Currently that sum is $17,080.00. Since the tenant has been in the unit for over one year, a 60-day notice to quit would need to be served on the tenant, once the application is approved.
Q) In an unlawful detainer trail, a witness cannot attend due to preexisting vacation plans. Is it permissible for this person to sign a statement?
A) In general, an out of court statement cannot be used during a trial. This would be considered hearsay. If this person's testimony is truly needed, you should seek a postponement of the trial so that this person would be in attendance.
(Taken from Apartment Owners Association News, August 2008)
HAPPY THANKSGIVING!
A) An application needs to be filed and approved by the Rent Stabilization for the City of Los Angeles. Relocation money would have to paid to the tenant. Currently that sum is $17,080.00. Since the tenant has been in the unit for over one year, a 60-day notice to quit would need to be served on the tenant, once the application is approved.
Q) In an unlawful detainer trail, a witness cannot attend due to preexisting vacation plans. Is it permissible for this person to sign a statement?
A) In general, an out of court statement cannot be used during a trial. This would be considered hearsay. If this person's testimony is truly needed, you should seek a postponement of the trial so that this person would be in attendance.
(Taken from Apartment Owners Association News, August 2008)
HAPPY THANKSGIVING!
Thursday, November 20, 2008
Q & A with Prop West
Q) I recently moved in with my girlfriend in Los Angeles. Her landlord informed her that with me as an additional tenant, the rent will go up 10%. Is this right? Or is this just the landlord coming up with a way to make a little more money?
A) Under Los Angeles' rent control ordinance, the owners generally are allowed to charge 10% extra for each additional resident. There are exceptions to this rule, however.
For instance, the first minor child (including twins) in rent-controlled units in L.A. is free. Replacement renters are also free. For example, if your girlfriend started her tenancy with a roommate, her rent cannot be raised if you merely replace the former roommate, assuming your girlfriend is an original tenant in the unit.
(taken from Apartment Age, November 2008)
A) Under Los Angeles' rent control ordinance, the owners generally are allowed to charge 10% extra for each additional resident. There are exceptions to this rule, however.
For instance, the first minor child (including twins) in rent-controlled units in L.A. is free. Replacement renters are also free. For example, if your girlfriend started her tenancy with a roommate, her rent cannot be raised if you merely replace the former roommate, assuming your girlfriend is an original tenant in the unit.
(taken from Apartment Age, November 2008)
Thursday, November 13, 2008
Q & A with Prop West
Q) My daughter rented an apartment where the landlord pays the utilities. It has no sir conditioning and she’s not allowed to get a portable air conditioner. Is it legal to stipulate this?
A) It’s not illegal for a landlord to prohibit the installation of a portable air conditioner, as long as this policy is stated in the lease or rental agreement. Landlords typically don’t like portable units. They are unsightly and add substantially to the cost of utilities, which naturally concerns landlords who pay the (utility) bills.
The only limit on the rule of this type is a reality check: In areas where temperatures are high in the summer, few tenants will agree to rent an apartment knowing that they cannot use a portable unit. In your daughter’s case, if she knew about the rule but signed a lease incorporating it anyway, she’s bound by that clause.
Your daughter might try approaching the landlord to see if they can work out a compromise. If they can agree that the (air) conditioner is likely to increase the utility bill by a certain amount during specified months, your daughter could offer to pay that sum.
(Janet Portman, Inman News)
A) It’s not illegal for a landlord to prohibit the installation of a portable air conditioner, as long as this policy is stated in the lease or rental agreement. Landlords typically don’t like portable units. They are unsightly and add substantially to the cost of utilities, which naturally concerns landlords who pay the (utility) bills.
The only limit on the rule of this type is a reality check: In areas where temperatures are high in the summer, few tenants will agree to rent an apartment knowing that they cannot use a portable unit. In your daughter’s case, if she knew about the rule but signed a lease incorporating it anyway, she’s bound by that clause.
Your daughter might try approaching the landlord to see if they can work out a compromise. If they can agree that the (air) conditioner is likely to increase the utility bill by a certain amount during specified months, your daughter could offer to pay that sum.
(Janet Portman, Inman News)
Thursday, November 6, 2008
Q) Where must smoke detectors be installed inside of a unit?
A) Apartments are required to have smoke alarms as per the building code at the time of construction. However, there are minimum requirements are that smoke alarms must be installed outside the sleeping area, such as in a hallway. If the apartment has more than one level, a smoke alarm must be installed on each level. The Office of State Fire Marshall recommends adding smoke alarms in each bedroom for additional protection. A smoke alarm should not be installed in kitchens, bathroom, garages, or unheated areas because moisture, frost, cooking vapors and exhaust fumes could cause the unit to sound a false alarm.
(Taken from Apartment Age, September 2008 and Apartment Management Magazine October 2008)
A) Apartments are required to have smoke alarms as per the building code at the time of construction. However, there are minimum requirements are that smoke alarms must be installed outside the sleeping area, such as in a hallway. If the apartment has more than one level, a smoke alarm must be installed on each level. The Office of State Fire Marshall recommends adding smoke alarms in each bedroom for additional protection. A smoke alarm should not be installed in kitchens, bathroom, garages, or unheated areas because moisture, frost, cooking vapors and exhaust fumes could cause the unit to sound a false alarm.
(Taken from Apartment Age, September 2008 and Apartment Management Magazine October 2008)
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