Q) My tenant gave me verbal notice that she was going to vacate by the end of May 2009. She further stated that she was not going to pay May rent since she was vacating and told me to use the security deposit to cover the rent. What should I do?
A) Serve your tenant a 3-day notice to pay rent or quit. If your tenant does not pay, you can proceed to evict your tenant for non=payment of rent. In this situation you can never be sure the tenant will actually vacate at the end of the month. Many tenants serve their landlord a 30-day notice, with no intention of moving. This is done in hopes that the landlord will delay any action for 30 days.
(taken from AOA magazine, May 2009)
Tuesday, June 16, 2009
Tuesday, June 9, 2009
Q and A with Prop West
Q) My former tenant filed a small claims actions against me for failing to return her security deposit. I sent an itemization within the 21-day period. I did not return anything because of damages and unpaid rent. At the hearing, the judge gave my tenant all of the security deposit back for no apparent reason. What can I do now?
A) Your next step is to appeal the small claims court judgement. You must do so within 30 days of the date that the judgement was entered. Your appeal is actually a new trial of the original small claims case and will be heard by a different judge. The plaintiff must prove her case, and you can defend. This time, however, you are allowed to have an attorney representing you at the new trial.
(taken from AOA news; May 2009)
A) Your next step is to appeal the small claims court judgement. You must do so within 30 days of the date that the judgement was entered. Your appeal is actually a new trial of the original small claims case and will be heard by a different judge. The plaintiff must prove her case, and you can defend. This time, however, you are allowed to have an attorney representing you at the new trial.
(taken from AOA news; May 2009)
Tuesday, June 2, 2009
Q and A with Prop West
Q) I recently found out that my tenant lied on his application. He told me that he had never been evicted and I have now found out that he was evicted twice before. I really do not feel comfortable with this person in my building. This is a rent controlled building. Is this grounds for eviction?
A) Misrepresentation on an application would not be grounds for an eviction unless there is a term in your rental agreement that states: "Misrepresentations on an application will be considered a material breech of this rental agreement."
(taken from AOA News; March 2009)
A) Misrepresentation on an application would not be grounds for an eviction unless there is a term in your rental agreement that states: "Misrepresentations on an application will be considered a material breech of this rental agreement."
(taken from AOA News; March 2009)
Tuesday, May 26, 2009
Q and A with Prop West: Rent Control
Q) What is the 2009 allowable rent increase for properties under rent control?
A) The permitted rent increase for July 1, 2009 has been raised to 4% of the existing rent. You can also collect 1% per utility paid other than water.
A) The permitted rent increase for July 1, 2009 has been raised to 4% of the existing rent. You can also collect 1% per utility paid other than water.
Tuesday, May 19, 2009
Q) ... I just purchased a non-rent control apartment building. can I ask my tenants to sign a new house rules and if they refuse, do I have any course of action? Secondly, what is the difference between a 30-day notice and a 60-day notice to vacate?
A) If the tenants are on a month-to-month tenancy, you can merely serve a "Change of Terms" notice on your tenant, which will institute these rules. You would need to give a 30-days advanced notice. After the thirty days, the rules will become part of this tenant's tenancy. You also can serve a notice to terminate the tenancy. If the tenant has been in the unit one year or longer, you would need to serve a 60-day notice to quit. Otherwise, you can serve a 30-day notice.
(taken from Apartment Owners association News, March 09)
A) If the tenants are on a month-to-month tenancy, you can merely serve a "Change of Terms" notice on your tenant, which will institute these rules. You would need to give a 30-days advanced notice. After the thirty days, the rules will become part of this tenant's tenancy. You also can serve a notice to terminate the tenancy. If the tenant has been in the unit one year or longer, you would need to serve a 60-day notice to quit. Otherwise, you can serve a 30-day notice.
(taken from Apartment Owners association News, March 09)
Tuesday, May 12, 2009
Q and A with Prop West
Q) I have a tenant who has been renting from me for seven years. They are now moving out. Can I charge them anything for new carpet?
A) From a security deposit you are allowed to deduct for unusual wear and tear to the unit. In this case, the carpeting was at least seven years old. Seven years would seem to be the usual life of carpeting and therefore I do not believe that you can deduct this from the security deposit.
(taken from Apartment Owners Association News, May 2009)
A) From a security deposit you are allowed to deduct for unusual wear and tear to the unit. In this case, the carpeting was at least seven years old. Seven years would seem to be the usual life of carpeting and therefore I do not believe that you can deduct this from the security deposit.
(taken from Apartment Owners Association News, May 2009)
Tuesday, May 5, 2009
Q and A with Prop West
Q) I have a family who served me a notice to move with less than the required time by approximately seven days. Can I withhold any part of the security deposit for not giving the required 30-day notice? Thirty days advanced notice is required in the rental agreement.
A) A tenant terminating his month-to-month tenancy must serve a 30-day written notice. For the record, emails do not constitute a proper notice. The tenant is therefore liable for the rent for the full 30-day period. As such, you may deduct the additional rent from the security deposit.
A) A tenant terminating his month-to-month tenancy must serve a 30-day written notice. For the record, emails do not constitute a proper notice. The tenant is therefore liable for the rent for the full 30-day period. As such, you may deduct the additional rent from the security deposit.
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