Q) I have had the same tenants in one of my units for several year. Now they claim they have bed bugs and they will call the health department if I do not take immediate action. Who is responsible for this type of pest control?
A) You, the owner, are responsible for keeping the building pest free. You should rectify this situation as soon as possible since these pests can spread to other units quickly. The tenant would be responsible only if you could prove that they brought the bed bugs into the unit. This would be very difficult to prove to a judge.
Friday, July 16, 2010
Friday, July 9, 2010
Q and A with Prop West
Q) What is the correct way to calculate the expiration date of a 3-day notice?
A) A notice may be served any day, including weekends and holidays. You do not count the day of service but count each day thereafter. The 3rd day, or day the notice expires, must be on a normal business day, and can not be on a weekend or holiday. So a notice served on Monday will expire on Thursday at midnight and a notice served on Wednesday, Thursday or Friday will expire the following Monday at midnight.
A) A notice may be served any day, including weekends and holidays. You do not count the day of service but count each day thereafter. The 3rd day, or day the notice expires, must be on a normal business day, and can not be on a weekend or holiday. So a notice served on Monday will expire on Thursday at midnight and a notice served on Wednesday, Thursday or Friday will expire the following Monday at midnight.
Thursday, July 1, 2010
Q&A with Prop West!!
(Q): I have a tenant who, for the past six months, has deducted different amounts from his rent for repairs he claims he needed done. He claimed that, under California law, he can repair and deduct for anything wrong in his apartment. What is the California law, and is he right?
(A): According to California Civil Code Section 1942, "If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period."
Under California law, the tenant must give the landlord notice of the dilapidations before the tenant may "repair and deduct." The landlord has a reasonable amount of time in which to remedy the dilapidations before the tenant may take any action. Also, only defects that are serious and render the premises uninhabitable will qualify for this remedy; a remedy of which the tenant may only take advantage of twice within the year.
Your situation does not seem to fit these very specific circumstances. Rather, the tenant is abusing a privilege under California law that he technically does not even qualify for. Without providing notice to you of any defects and giving you an opportunity to remedy such defects, the tenant has absolutely no right to repair the defects himself and deduct them from his rent.
Absent any waivers of your rights to accept the full amount of rent from your tenant, you may demand that the tenant pay all amounts previously deducted from his rent.
(A): According to California Civil Code Section 1942, "If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period."
Under California law, the tenant must give the landlord notice of the dilapidations before the tenant may "repair and deduct." The landlord has a reasonable amount of time in which to remedy the dilapidations before the tenant may take any action. Also, only defects that are serious and render the premises uninhabitable will qualify for this remedy; a remedy of which the tenant may only take advantage of twice within the year.
Your situation does not seem to fit these very specific circumstances. Rather, the tenant is abusing a privilege under California law that he technically does not even qualify for. Without providing notice to you of any defects and giving you an opportunity to remedy such defects, the tenant has absolutely no right to repair the defects himself and deduct them from his rent.
Absent any waivers of your rights to accept the full amount of rent from your tenant, you may demand that the tenant pay all amounts previously deducted from his rent.
Friday, June 18, 2010
Q and A with Prop West: Rent Control
Q) I own a building under rent control in Los Angeles. My tenant's one year lease is expiring soon and I have asked him to sign a new one year lease. The tenant is refusing to because he wants to stay on a month to month agreement. What are my options?
A) The Rent Stabilization Ordinance for Los Angeles would consider this to be grounds for eviction. Present your tenant with a similar one year lease to sign prior to the existing lease expiring and if he does not sign it do not accept any rent. Serve him with a 3-day notice to sign the lease or quit and if he doesn't you can begin eviction off the 3-day notice.
A) The Rent Stabilization Ordinance for Los Angeles would consider this to be grounds for eviction. Present your tenant with a similar one year lease to sign prior to the existing lease expiring and if he does not sign it do not accept any rent. Serve him with a 3-day notice to sign the lease or quit and if he doesn't you can begin eviction off the 3-day notice.
Tuesday, June 15, 2010
Q and A with Prop West
Q) One of our tenants has his friends over quite often and we are afraid that they will cause problems. Can we legally prevent our tenant from inviting these people onto our property?
A) When you leased the unit, you gave up the right to posession. Your tenants are allowed to associate with whomever they choose and are allowed to invite these individuals into their unit. The only issue would be if these guests disturbed the other tenants or vandalized the property. That could be grounds for eviction or, if your property is not under rent control, for giving a 30-day notice vacate.
A) When you leased the unit, you gave up the right to posession. Your tenants are allowed to associate with whomever they choose and are allowed to invite these individuals into their unit. The only issue would be if these guests disturbed the other tenants or vandalized the property. That could be grounds for eviction or, if your property is not under rent control, for giving a 30-day notice vacate.
Friday, June 4, 2010
Q and A with Prop West: Rent Control
Q) I own a single family home in Los Angeles. The tenant is currently on a month to month agreement. I can not afford to keep the property anymore so I will be selling it. Will I have to pay the tenant relocation fees?
A) Single-family residences are not subject to rent control so you are not obligated to pay any relocation fees. If the tenants have been there less than 1 year you will need to serve them a 30-day notice and if they have been there over 1 year you will need to serve them a 60-day notice to vacate.
A) Single-family residences are not subject to rent control so you are not obligated to pay any relocation fees. If the tenants have been there less than 1 year you will need to serve them a 30-day notice and if they have been there over 1 year you will need to serve them a 60-day notice to vacate.
Thursday, May 27, 2010
Q and A with Prop West
Q) My tenant has not paid their rent so I served them with a 3-day notice. The tenants made a partial payment during the 3 day period. Can I still start eviction on my tenants since they have still not paid the full rent amount?
A) If you accepted a partial payment at any time during or after the 3-day period you must send the tenants another 3-day notice with the correct amount that they still owe. Then if the tenants don't pay you can start eviction.
A) If you accepted a partial payment at any time during or after the 3-day period you must send the tenants another 3-day notice with the correct amount that they still owe. Then if the tenants don't pay you can start eviction.
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