Q and A with Prop West

Q) I didn't know that the new building I bought had coin-operated machines that were on a self-renewing lease. Supposedly it is now too late to cancel the service. Am I stuck with these machines for another 5 years?

A) Most likely, yes, you are. The only exception would be if the self-renewing provision was not in "boldface" type at the beginning of the lease and at the end where all parties sign. Per civil code 1945.5 this can be unenforceable.

Q and A with Prop West

Q) I own a building that is under rent control and due to the recent economy I have not raise rents in the last few years. Once the economy improves I would like to raise rents again. Can I make up for the last three years of not increasing rents by combining all of the increases from the last few years?

A) No. Basically if you don't use it, you loose it! Under Rent Stabilization for the City of Los Angeles you can not increase the rent more than the allowed amount per year.

Q and A with Prop West

Q) After my tenant turned in a 30-day notice to vacant he informed me that he will be using his deposit as the last month's rent. I don't want him to do this since I know he will be responsible for some repairs that will need to be done and his deposit will not cover the last month's rent and the repairs. What can I do?

A) Since the security deposit will accounted for after the tenant moves out the tenant has not right to tell you what you do with the deposit. You can serve the tenant with a 3-day notice to pay or quit and if the tenant doesn't pay then you are able to begin eviction.

Q and A with Prop West

Q) I had an applicant that applied for my vacant unit that was covered in tattoos and I found that his entire appearance very unappealing. Even though his references check out do I have to rent to him?

A) This would be considered "Arbitrary Discrimination." Under California Law you cannot deny a person on his physical appearance. You could end up in a discrimination lawsuit.

Q and A with Prop West

Q) Recently my building has been vandalized several times. I would like to install security cameras. Do I have to notify the tenants?

A) Video and audiotape can be great evidence for eviction cases. You do not need to notify the tenants.

Q and A with Prop West: Commercial

Q) I would like to raise the rent at my commercial unit more than 10%. How much notice must I give the tenant?

A) For commercial units to must give a 30-day notice in writing to the tenant by hand delivering it or by post it on the unit door and mailing a copy.

If this was a residential unit then you would have to give a 60-day written notice delivered by the same methods as above.

Q and A with Prop West

Q) Two roommates rent one of my units. One roommate filed a police report against the other and is now demanding that I change the locks so the other roommate will not have access to the unit. Is that the landlords responsibility?

A) Upon written request and with a copy of the court order or police report the landlord shall change the locks for the protected tenant within 24 hours. (Civil Code Section 1951.5 (b))