Q) I am behind on my mortgage payment for my tri-plex. I received a "Notice of default" and so did my tenants. My tenants are now saying that they don't have to pay me rent. Is this true?
A) It is not true. The tenants still owe you rent until the property is sold or defaults back to the bank. Then the new owner would be entitled to the rent.
Friday, January 21, 2011
Friday, January 14, 2011
Q and A with Prop West
Q) My tenant of 12 years is moving out. The carpet and window coverings have to be replaced. What can I deduct from his deposit?
A) You are allowed to deduct for reasonable cleaning and unusual wear and tear. Since the carpet and window coverings are 12 years old the cause for their replacement is simply age, not unusual wear and tear by the tenant. Therefore, you should not make any deductions.
A) You are allowed to deduct for reasonable cleaning and unusual wear and tear. Since the carpet and window coverings are 12 years old the cause for their replacement is simply age, not unusual wear and tear by the tenant. Therefore, you should not make any deductions.
Friday, January 7, 2011
Q and A with Prop West: Rent Control
Q) I have been renting to one of my tenants for ten years. About a year ago his girlfriend moved in and the started paying me rent. I have not added her to the rental agreement. Now my original tenant is moving out but the girlfriend is staying. Can I raise the rent to market value or can I only raise it the 3% that the Rent Stabilization allows?
A) Per Civil Code 1954.53 this would be considered a new tenancy and you can raise the rent to market value. If the rent will raise more than 10% you must serve a 60 day notice.
A) Per Civil Code 1954.53 this would be considered a new tenancy and you can raise the rent to market value. If the rent will raise more than 10% you must serve a 60 day notice.
Friday, December 3, 2010
Q and A with Prop West: Rent Control
Q) I own a property in Los Angeles that is under rent control. One of my tenants is a hoarder and her unit is full of junk, boxes, clothing and newspapers. I have asked her repeatedly to clean up the unit and she promises to but never follows through. What can I do?
A) According to most standard rental agreements tenants are responsible for keeping their unit in a neat and sanitary condition. You can send her a 3-day notice to cure the violation or quit. If she does not clean up the unit or move out within the 3-day period you can begin eviction.
Also, you could file a complaint with the Los Angeles Housing Department. They will cite her for the condition of the unit and order her to clean it up.
A) According to most standard rental agreements tenants are responsible for keeping their unit in a neat and sanitary condition. You can send her a 3-day notice to cure the violation or quit. If she does not clean up the unit or move out within the 3-day period you can begin eviction.
Also, you could file a complaint with the Los Angeles Housing Department. They will cite her for the condition of the unit and order her to clean it up.
Friday, November 19, 2010
Q and A with Prop West
Q) I just bought a non-rent controlled building and none of the tenants have rental agreements. I drafted new agreements and all of the tenants refused to sign them. What options do I have?
A) Actually, you have two options. The first would be to serve them a 3-Day Notice to Cure or Quit and if they do not sign the agreement or move in within the time period you can start eviction. The second option would be to send them the new agreement along with a 30-Day Notice to Change Tenancy. Once the 30 days have passed the new agreement will be legally binding. This can not be done to establish a fixed term lease, only a month to month lease.
A) Actually, you have two options. The first would be to serve them a 3-Day Notice to Cure or Quit and if they do not sign the agreement or move in within the time period you can start eviction. The second option would be to send them the new agreement along with a 30-Day Notice to Change Tenancy. Once the 30 days have passed the new agreement will be legally binding. This can not be done to establish a fixed term lease, only a month to month lease.
Friday, November 12, 2010
Q and A with Prop West: California Law
Q) When I rent a unit my usual business practice is to make a copy of the applicant's driver's licence. Recently, I had an applicant tell me that under California law he did not have to display his driver's licence.
A) Actually this applicant is correct. Under California law an applicant does not have to show you their driver's licence but also under California law you do not have to rent to them.
A) Actually this applicant is correct. Under California law an applicant does not have to show you their driver's licence but also under California law you do not have to rent to them.
Friday, November 5, 2010
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.
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.
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