Q & A with Prop West: Section 8

Q)I have an applicant for one of my units who wants me to accept him as a Section 8 (rent subsidized) tenant. I told him that I do not take Section 8 tenants. He told me that he would be filing a discrimination complaint. Am I required to take Section 8 tenants?

A) It is not considered discriminatory to refuse to accept a Section 8 tenant. I have many clients who have been terminating their Section 8 agreements. This can (also) be done in rent controlled units.

(Taken from Apartment Owners Association News, Feb. 2009)

Q & A with Prop West

Q) I rented a house to a tenant, which has a large lawn area. The tenant is refusing to water the lawn as he claims that it is causing his water bill to go up. I am afraid that the lawn will die. Under the agreement the tenant is to pay for water. What should I do?

A) Your tenant is responsible to maintain the premises. The law imposes this in every lease agreement. Since your tenant is required to pay for the water, it is his sole responsibility to water the lawn to maintain its condition. As a practical solution, you might (want) to offer the tenant a slight discount in the rent, so that (the) tenant will comply willingly.

(taken from Apartment Owners Association News, February 2009)

Q & A with Prop West: Rent Control

Q) I have a tenant who issued a 30-day notice that he would be vacating. I was very happy to receive that notice, as his rent is very low and this is a rent controlled apartment. I sent him a letter acknowledging the fact that I received his notice. He now informs me that he has changed his mind and does not want to vacate. Can I force him off the property?

A) Since you accepted his notice, you have the right to proceed with an unlawful detainer, if the tenant fails to vacate.

(taken from Apartment Owners Association News, Feb. 2009)

Q & A with Prop West

Q) I supply a refrigerator with my apartment. My tenant has called and stated that it is not working and wants to replace the unit. On previous inspections, I noticed that my tenant has never taken care of the refrigerator. Am I know obligated to replace the unit?

A) If you supply a refrigerator, you must either fix the unit or have it replaced. If the refrigerator is self-defrosting, there really is no maintenance required for the appliance. The fact that the tenant did not clean the exterior or interior of this unit would not cause it to stop working.

(taken from Apartment Owners Association News, Dec. 2008)

Q & A with Prop West

Q) I have started eviction on my tenant for non-payment of rent. The tenant is contesting the case claiming the amount stated in the notice is incorrect. His position is that I failed to reimburse him for cleaning the carpet. I had previously refused his request. He then contracted with a carpeting cleaning company and presented me with a bill. Am I responsible for cleaning of the carpets?

A) A landlord is not responsible for cleaning. it is your tenant's responsibility to maintain the premises in a neat and sanitary condition. This would include cleaning the carpets is required.

(taken from Apartment Owners Association News, Jan 09)

Q & A with Prop West

Q) A married friend of mine has a 7 year old daughter and a 12 year old son. When they applied to rent a 2-bedroom apartment the property management refused to rent to them stating that children of opposite genders over 6 years of age aren't allowed to share a bedroom. The manager explained that it would be unhealthy and unnatural. My friend stated that they have a good, healthy relationship. My friend can not afford the additional rent for a 3-bedroom apartment anyway. Can the manager refuse to rent a 2-bedroom apartment to my friend for this reason?

A) No, the manager can not refuse to rent to your friend (or any other family) with two children because of the difference in genders. A rental policy of not allowing male and female children to occupy the same room is discrimination and is considered a civil rights violation.

(taken from apartment management magazine, Dec. 2008)

Q & A with Prop West

Q) I have a judgement against a former tenant for about $5,000. The judgement was obtained over five years ago. I know the tenant has nothing, but I was wondering if the judgement is still valid. I have not taken any steps to collect on this judgement.

A) A judgement is valid for 10 years and can be renewed for another 10-year period. The fact your tenant has no assets, five years ago, does not mean that the same is true today. We have found that collecting on old has a very healthy success rate. The tenant usually has forgotten about the judgement and makes no effort to hide bank accounts or places of employment.

(take from Apartment Owners Association - January 2009)