Q & A with Properties West

Q) My tenant, without my permission, installed a satellite dish on my roof. Wires are run from the dish, down the side of my building and a hole was cut into the wall to run the wire through. I am really outraged at my tenant's behavior. What is my best course of action?

A) You should serve on your tenant a "3-Day Notice to Perform or Quit". This notice should require the tenant to remove the satellite dish and the wiring. It should also require the tenant to patch any holes that were created. If the tenant fails to comply within the 3-day period, you would have grounds for eviction.

Q & A With Properties West

Q) We have a tenant who gave a 30 day notice that he was moving. I started posting ads saying an apartment will be available at the end of this 30-day period. When I asked the tenant if I can show his unit, he said no because he was not sure that he in fact was moving because a place had not been found. Can he serve a 30-Day Notice and not move? Can he do this every month? We are anticipating a vacant unit, but how can we rent it out if we don't know when the tenant is really moving?

A) Your tenant cannot serve a notice to vacate and then remain in possession. If the tenant does not vacate, you have the right to initiate an unlawful detainer action to evict him from the property.

Q & A with Propeties West

Q and A with Prop West

Q) What is the permissible rent increase that the City of Los Angeles will allow for July, 2009 (if the unit is under rent control)?

A) The rent increase for this period will be 4%. A landlord is allowed an additional 1% if electricity or natural gas is supplied.

(taken from AOA magazine; June 2009)

Q and A with Prop West

Q) I manage a commercial property in Eagle Rock. I'm getting several calls from people wanting to rent the space for "medical marijuana." May I legally refuse them both on the phone and on my recorded announcements?

A) A commercial landlord certainly has the right to limit what type of business will be occupying the premises. Under Federal law this business is illegal, though California does sanction this activity.

Q and A with Prop West

Q) I have a tenant who locked himself out of his unit. My manager was not home at the time and the tenant was forced to call a locksmith. He has now deducted the cost of the locksmith from his rent. He claims that the resident manager must be available at all times foe this type of situation. Is he permitted to deduct this charge from his rent?

A) Your tenant is incorrect. In California, a resident manager is required where there are 16 or more units on the property. This does not mean that the manager must be present 24 hours a day. It is your tenant who created the problem by locking himself out of the unit and therefore he must be responsible for the cost. I would serve a 3-day notice for the balance owed in the rent.

(taken from AOA magazine; June 2009)

Q and A with Prop West

Q) I have a four unit building in the city of Los Angeles under rent control. It has four parking spaces. One tenant's rental agreement allowes him to use two spaces. This was negotiated before I became the owner. This really hampers me in leasing out one of the units. Is there anything that I can do?

A) You are allowed to change the terms of the tenancy by serving a 30-day notice. In this case you could take away this additional parking space, but you you have to give a corresponding reduction in rent.
Pursuant to the Los Angeles Housing Department guidelines, the reduction is $60-$200 per month depending on the availability of street parking and the local parking structures.

(Taken from AOA News; June 2009)