Q and A with Prop West

Q) My tenant has changed the locks on his apartment and refuses to give me a copy of the new key. I want to have a copy in case of an emergency. What should I do?

A) Per most rental agreements tenants are not allowed to alter the property. You should serve the tenant with a 3-day notice to cure or quit and if the tenant does not give you a copy of the key or move out within the 3-day period then you can begin eviction.

Q and A with Prop West: Rent Control

Q) I own a rent controlled building in Los Angeles and my tenants are always verbally complaining about one of the other tenants. He say he is noisy and disturbs them at all hours. I have warned this tenant in the past but now I think I need to take further action. What is the next step I should take?

A) First, send the noisy tenant a letter documenting the complaints and request that his actions stop immediately. Second, it would be a good idea to have the other tenants put their complaints in writing. Then if the noisy does not stop you can begin eviction based on the fact that the noisy tenant is a nuisance.

Q and A with Prop West: Evictions/Section 8

Q) One if my Section 8 tenants has not paid her rent and I have filed an unlawful detainer against her. Can I still accept the portion of rent that is paid by Section 8 or will that cancel my eviction?

A) As long as you don't accept any portion of rent from the tenant than you can accept Section 8's portion without it effecting the eviction.

Q and A with Prop West

Q) My tenant stayed an extra five days past the date on her 30 day notice because her new unit was not ready yet. Am I allowed to charge her for the full month's rent since she went over the original 30 days?

A) Technically since your tenant didn't vacant on time her 30 day notice would be void and she would owe you the full month's rent but most judges would rule that your tenant only owed you the pro-rated rent for the 5 extra days.

Q and A with Prop West: Rent Control

Q) I own a rent control building. One of my tenants put up a false wall on their patio that is very unattractive and was done without my permission. What can I do?

A) Per most rental agreements a tenant can not alter their unit without written permission from the owner/landlord. Check their rental agreement first and if this is the case then I would give them a 3-day notice to cure or quit and if they have not removed the wall or moved out within the 3 day period then I would start eviction. It would be a good idea to document this wall with pictures.

Q and A with Prop West: Evictions

Q) One of my tenants did not pay rent or move out after I served them a 3-day notice so I began eviction. The tenant's attorney put in a demand for a jury trial. Is this legal and what are my options?

A) It is legal to demand a jury trial for an eviction case. Most likely the attorney is hoping that they will win and that you will have to pay for the attorney costs. Check your rental agreement to see if any attorney fees are limited to $500.00. If so, that could eliminate the financial incentive out of a jury trial request.

Q and A with Prop West

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.