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)
Thursday, January 29, 2009
Thursday, January 22, 2009
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)
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)
Wednesday, January 14, 2009
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)
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)
Thursday, January 8, 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)
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)
Tuesday, December 30, 2008
New Year
Everyone at Properties West would like to wish you and your loved ones a wonderful, safe and prosperous 2009.
Happy New Year!
Happy New Year!
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)
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