Q and A with Prop West

Q) While I was getting one of my vacant units "rent ready" a friend of a tenant came by and viewed the unit. They said they would like rent it as is and finish up the repairs themselves if I would lower the rent amount. Is this a good idea?

A) Generally, no, this is not a good idea. Most of the time these situations do not work out and you should never have your tenants do their own repairs. In many cases the tenants never do the repairs or they do them incorrectly. Only the landlord or a qualified third party should do the work.

Q and A with Prop West

Q) One of my tenants reported a stoppage in the toilet. A plumber was sent immediately and found the cause to be a small toy that was flushed down the toilet. I informed the tenant that they are responsible for paying for this repair since it was tenant caused. The tenant is refusing to pay the plumbing bill. What should I do?

A) Many, if not most, rental agreements state that a tenant is liable for a repair if it was caused by tenant negligence. Serve the tenant with the plumbing invoice and ask for payment. If they do not pay serve the tenants with a "notice to cure or quite." Then if they do not pay the invoice or move out within the three day period you can start eviction.

Q and A with Prop West

Q) I own and rent out a single family house. My tenant recently asked if she could run a day care out of the house. I really don't want her to do this. Am I able to deny her request?

A) Your tenant has the right to operate a day care, for up to 6 children, under California Code. The law does require that the tenant have a licence and maintains liability insurance. This law does not pertain to apartments.

Q and A with Prop West

Q) I had an applicant that signed a two year lease and paid his security deposit and 1st month's rent. A week before he was supposed to move in he called and said he had a change of mind and wanted all his money refunded. He said that because he was never given a key that the contract is void and he will sue if I don't refund his money. What are my rights?

A) Once that applicant signed the lease he became responsible for the two year regardless of whether or not you had given him a key to the unit or not. You need to send him a security refund itemization stating that he is responsible for the rent though the lease. No money needs to be returned to the tenant. Under the law, you do have an obligation to try to re-rent the unit as soon as possible to mitigate the tenant's losses. Once you get the unit rented again then the previous tenant will no longer be responsible for the rent.

Q and A with Prop West: Rent Control

Q) I have a rent controlled building and most of the tenants either have no deposit or their deposit is a very small amount. How can I get them to pay more towards their deposits?

A) Per the Rent Stabilization Act, you cannot ask a tenant with no deposit to pay one. If the tenant does have an existing deposit you can raise the deposit annually 3% at the same time you raise the rent.

Q and A with Prop West

Q) Is it really necessary to have each spouse complete a rental application and have there credit ran? Also, should all applicants sign the rental agreement?

A) Yes. It is very important that all adult applicants fill out a rental application, have their references checked, have their credit ran and, if approved, sign the rental agreement.

Q and A with Prop West

Q) I have tenants who constantly pay late every month. Every month I have to knock on their door and beg for the rent and every month I get a different excuse. I am very tired of this so this month when they didn't I pay I served them a 3-day notice to pay or quit. I really just want these tenants out now so do I have to except the rent if they are able to pay it within the 3 days?

A) Yes. You must accept the rent if they pay the full amount of the notice within the 3-day period. You don't have to accept an amount less or more than the amount of the notice.