Q and A with Prop West

Q) Are there any special laws concerning the remediation of rental units formally occupied by smokers? Is there a special paint I need to use or do the walls need to be scrubbed?

A) There are no laws requiring a landlord and/or owner to do any special type of cleaning for units that were vacated by smokers.

Q and A with Prop West

Q) I have a single family house that I rent out. When the original lease expired I gave the tenants a new one year lease with a rent increase. The tenants still have not signed the lease nor are they paying the new rent amount. What should I do?

A) You have three options. 1. Serve the tenants a notice to vacate. 2. Serve the tenants a 3-day notice to sign the agreement or move out. If they don't sign or move out you can start eviction.
or 3. Send the tenants a 30-day notice to increase their rent and let them stay on a month to month agreement.

Q and A with Prop West

Q) I just bought a tri-plex with existing tenants and the previous owner did not get security deposits. The building is not under rent control. Can I serve them a 30-day notice requesting that they pay a deposit?

A) Yes. You have the right to request that a security deposit is paid. You may do this by serving a 30-day notice. Remember that a security deposit cannot be more than two times the monthly rent.

Q and A with Prop West

Q) I have a rental apartment building that is under rent control. One if my tenants just obtained a roommate. Can I raise the rent?

A) Yes. Under the Los Angeles Rent Stabilization Ordinance you can raise the rent an additional 10% for each new tenant that joins the tenancy after its inception. The only exception is if the new tenant is a dependent minor.

Q and A with Prop West

Q) One of my tenants is on a one year lease and just gave me a notice that he is moving. The problem is that he wants to move out before his lease is up. He said that his job is being transferred and legally I have to let him out of his lease. Is this true?

A) This is NOT true. Once a lease is signed it is a binding obligation for all parties. The only time an owner/landlord must let their tenants out of a leases is if the tenant is being deployed by the military and the tenant gives a 30 day notice.

Q and A with Prop West

Q) My tenant is complaining that the back yard is infested with gophers and that their holes are very dangerous. The rental agreement states that the tenant shall maintain all the landscaping. Am I legally responsible for removing the gophers?

A) Based on the clause in the rental agreement, the tenant is responsible at his own cost.

Q and A with Prop West: Rent Control

Q) I own a rent controlled building. Once a tenant moves out I renovate the unit and then rent it out for a significantly higher rent amount. One of my tenants is claiming that I am discriminating against him because I won't renovate his unit. He claims he will report me to the city. Is there anything I can do?

A) Yes, you can tell this tenant that he can move into one of your newly renovated units and pay the higher rent amount. If he does not take this option you do still have the obligation to keep his unit habitable.