All Forum Posts by: Alison Brenner

Quote from @Zachary Deal:

Yes, I think Nathan is unfortunately correct as scams seem to be happening much more often everywhere now as AI has expanded greatly recently. Is this an MTR or STR? Just an idea but may be worth just handling all bookings through Airbnb or VRBO to add some level of protection

Thanks for the suggestion, Zachary. The property was a STR but the City cracked down. What is your opinion of the Airbnb screening process?
My SOP is to contact the current landlord and employer, require proof of income for the past 3 months, and use Rent Spree for background, credit, eviction, etc. Do you think Airbnb's screening process is stringent enough to protect Cali landlords? I find the platform very appealing but there is no shortage of horror stories surrounding its use.

To those who self-manage luxury rentals and are not licensed real estate professionals, are you concerned about your listing (listed by owner) attracting scammers?

I listed a very niche lux rental about 7 days ago; I am doing someone I love a favor because she needs the money. Thus far, I encountered two scammers. One was just trying to pull some arbitrage scam. No biggie. The other is far more sophisticated, like could be the subject of a future Dateline episode sophisticated.

I am not comfortable sharing more details in a public post. If you are willing to comment on the listing, please pm me. I am a little stunned; I’ve never dealt with fraud at this level in my world of managing C- apartment buildings. Thank you for your feedback.

I don't think this has been mentioned. He needs to show proof of income equal to or greater than three times the monthly rent.

If you are in Los Angeles, please please please type up your screening criteria, distribute it to every prospective, and stick to it. 

Couple questions. What kind of property? Exactly where in Cali? How old? Any deferred maintenance concerns? Class A, B, C, or D? How comfortable are you with legalese?

No one cares about your business to the same extent you do. Self-managing can save a ton of money and allows you to truly learn your business, but it isn't easy in California. You need to be on top of it or you could have a mess on your hands. Regardless of the answer to the above questions, you need someone you trust implicitly to be your boots and check on the property. For example, when a tenant moves out, who is going to confirm their departure? Who is going to conduct a preliminary inspection? Need to serve 3-day to pay via post & mail? For your protection, these in-person tasks, and others, must be performed with attention to detail and the law. In other words, you do need to figure out how you are going to stay abreast of and navigate an evolving and increasingly hostile legal landscape.

1) This is not about a single mother. This is not about a child with ASD. This is about a tenant who is creating a nuisance and violating her lease agreement.

2) When a tenant violates your lease agreement, you serve a cure or quit. If the problem persists, you serve another cure or quit. Still a problem.....final cure or quit, and then evict (this is my protocol; you need your own). If your tenant cannot comply with the terms of her lease agreement, she needs to find a new place to live. 

3) You have a beautiful heart. Please remember a lease violation is a lease violation; a nuisance is a nuisance. It shouldn't make a difference if your tenant is snorting rails and blasting Duran Duran like it's 1983 at 1 am. A tenant who doesn't follow the rules detailed in your lease agreement is a problem for your business.

I am not an attorney. I have never come across a source that suggests there is a time constraint other than the requirement that the inspection take place within the two weeks prior to move-out. It's completely unfair and unreasonable. If I start ranting about the prelim inspection charade, I'll never stop. 

Have you checked out the unit? Is there damage? Aside from a housing complaint, the concern is that you won't prevail in Small Claims if the tenant sues you. If it comes to that and you have a tenant friendly judge, you could owe the tenant up to 3x the amount of the deposit for withholding the deposit. 

Hi Kenny, Don't mess around with prelim inspections. Tenants are legally entitled to a prelim within the 14 days prior to move-out. They can waive their right if they choose. But, refusing to honor the request can get you into trouble if you deduct repair costs from the security deposit.

IMO, you have two options. 1) Refuse to honor the request for a prelim and return the entire deposit. 2) Make time for the preliminary and then make deductions for repair costs as you normally would with any move-out.

In my experience, it's usually a red flag when tenants start playing games with the prelim. They know they damaged the unit beyond the reasonable wear and tear standard. But, they also mistakenly assume that landlords cannot make deductions for damage that was not identified during the preliminary. Good luck!

SB 567 is an extension of AB 1482. Properties exempt from AB 1482, such as single family homes, are also exempt from SB 567. A sixty day notice of termination of tenancy is all that required to comply with State law.

Depending on location, there may be additional tenant protections in place at the County or City level. Please check local rent control laws to ensure compliance.

Hi Swaga,

If your property is subject to AB1482, then the maximum allowable percentage increase is 9.6% for Riverside County. CPI numbers change annually on Aug. 1st. If your property is not subject to AB1482, then I would stick with the 10%. You can go higher but be cautious. I read or heard something about anti-price gouging laws applying even with AB1482-exempt properties. 

I wish I could suggest a great government resource. I have a California Apartment Association membership and rely heavily on it. Honestly, I think you are doing the best you can by cross-checking sources and contacting government resources. Our tenant-landlord laws are ridiculously complex.

Hi Elsa,

The washing machine example is a real-life example with happy ending. My HOA, property manager, and the owner of the property below mine insisted the damage was my responsibility. The HOA did everything to bully me into submission including involving their legal representation. I tried to file an insurance claim to appease the situation but the claim was denied. My insurance company's position was that I cannot be held responsible for maintaining plumbing that is located outside the boundaries of my property. I was advised to push back and fight the HOA, which I tried doing on my own. After four months I gave up and hired an attorney to draft one letter. Within 72 hours of delivery, the property manager informed me that the HOA would be happy to cover the repairs.

I cannot express how ugly this situation got. It didn't matter that Cali law and the CC&Rs were on my side. The HOA was counting on the fact that I was a grad student without a lot of resources to fight them. On the day I hired the attorney, I had received a threatening letter from legal completely devoid of legal citation and reasoning. There was never going to be an acceptable resolution unless I took back some power by hiring an attorney to draft a 200-word letter.

Here's Jon Janecek's contact info. He will tell you if he is not the right person for the job.