All Forum Posts by: Alison Brenner

I never thought I would say this to another landlord but you may be lucky that you are in the State of California. First, get a copy of your CC&Rs and then review the Davis-Stirling Act. I highly recommend contacting an attorney because the HOA may be the responsible party.

Generally speaking, Davis-Stirling views plumbing that is not accessible from the interior of a unit as HOA property. I'll use my washing machine drainage pipe as an example. I am responsible for maintaining the part of the pipe that is located above my subfloor. The area below my subfloor is considered a common area and the HOA is responsible for maintaining the portion of the pipe located below my subfloor. In other words, if the drainage pipe breaks resulting in water intrusion, responsibility for the damage is assigned depending on where the pipe burst.

California's insurance crisis is taking a toll on HOAs. Pushing back will require a skilled attorney with knowledge of HOA law. I have a great real estate attorney but he's expensive and doesn't specialize in HOAs. If you can't find an owner-friendly HOA attorney (most represent HOAs), shoot me a PM and I will share his contact info. Best of luck!

I am so sorry. This is shockingly disconcerting. A few thoughts that may be helpful.

Review all your PM contracts. I think it's your PM company that owns the Appfolio account for your property. In other words, the account withdrawal was authorized and executed by your PM. I may be wrong but I don't think Appfolio can initiate this type of transaction. It seems far more likely that your PM company was slapped with a bill and helped themselves to a reimbursement from your bank account. Maybe PMs who use Appfolio can chime in here.

With that being said, I would bet money that you are contractually obligated to reimburse your PM. However, I think you can make an argument on the basis of principle. You hired this company to perform duties such as rent collection. You hired this company because it provides access to software and services, such as electronic rent collection methods. It's their job to manage and oversee those services and they royally dropped the ball. In hopes of continuing the relationship for years to come, you would like the company to make a good faith gesture and reimburse you for 50% of charges.

Hopefully, others can offer better suggestions. I am so sorry this happened. Best of luck.

Thank you, Dawon! Very useful for those who are repair and maintenance challenged.

Hi Jorge,

I am sorry you are going through this. I think you need two notices. Please note that I am not an attorney.

1) Cure or quit for non-monetary charges. Electric bill must be transferred to resident's name within three days of posting. Cite the section of the lease that states tenants are responsible for utility bills. It it NOT sufficient to mail this notice. You must personally deliver the notice or post and mail the notice. You must fill out a proof of service form immediately following delivery (personal or post & mail). 

2) Cure or quit for monetary charges. I would use this form to notify the resident of past due charges. You are going want to include copies of all electric bills that are owed. You must personally deliver the notice or post and mail the notice. You must fill out a proof of service form immediately following delivery (personal or post & mail).

Keira, this is Cali...better yet, the Bay Area. You are digging your own grave. What happens when your other residents stop paying and accuse you of discrimination because you let this resident get away with murder?

This is your home and your business. Protect both by exercising what few rights landlords have left in this State. Serve your 3-day pay or quit TODAY. If you need a form template or help, shoot me a PM. Do not accept a dollar after 12:01 a.m. on Thursday, January 11th. File your eviction on the 11th and move-on. You cannot afford to drop the ball financially, legally, or emotionally.

I don't do late fees - any good eviction attorney will tell you don't bother. Cali courts hate them. I serve a 3-day and then proceed with the eviction. My residents pay rent on time - no exceptions. I know I sound like a heartless....The State of California leaves me no choice.

We have bi-weekly janitorial services for the grounds and laundry rooms and a maid service for unit turnovers. I am not completely satisfied with either. Building a vendor list is an ongoing effort and challenge. It's probably the biggest challenge I face as a self-managing landlord.

As for the effect of janitorial services on tenant satisfaction, I think providing janitorial services is part of a broader effort to show my residents that I care about their living environment. It's not unusual for my residents to sweep the grounds and the clean the laundry rooms in between the scheduled service. A handful clean the premises on a daily basis. In the past, I've mentioned to my residents that they don't need to clean - there's a service. They tell me that they like keeping the property clean.

I think I am the landlord/manager and I set the standard for behavior. I encourage accountability by being accountable. If I care, my residents care. At the end of the day, I have 24 one-bedroom units on month-to-month leases (Cali landlord decision) and a vacancy rate of 1%. Certainly, janitorial services are one factor that explain my low vacancy and high tenant retention rates. More importantly, I think I work very hard to maintain a culture of accountability and collaboration, and providing janitorial services supports my objectives.

Victims of domestic violence are often afforded additional protections under state law. You may be legally required to change locks and permit the resident to remain in the home for a specific amount of time. Check your local and state laws for compliance as you initiate the eviction process. You don't want a fair housing complaint accusing you of discriminating against victims of domestic violence.

There is a company called Livable. The Apartment Association of Orange County is a partner.

I was headed in the RUBS direction until a few PM friends warned me against it. My limited understanding suggests that it can cause some issues. For example, let's say you have a 4-unit building and Livable determines that the average cost of utilities per unit is $100/month. Livable then imposes an additional service fee of $20/month/unit. You are responsible for paying Livable $480/month regardless of whether usage fluctuates, units are vacant, or your tenants don't pay. Furthermore, RUBS has become and is becoming a target for areas with strong rent control laws. If your PM company isn't comfortable or familiar with RUBS implementation, you could end up violating local and State laws.

Zillow Premium Listing services has never failed me. But, here's the caveat based on my experience. Your listing will get preferential treatment for the first five to seven days. If you aren't hyper-responsive, there's no point in paying for the upgraded service. Within the first five days of listing, I expect to field calls and messages from over a hundred prospectives and be willing to do 30-50 showings during that period. By day six, I am lucky to get one to three phone calls or messages from prospectives and maybe one to two showings per day. Zillow Premium is worth it if you are willing to do the work during that first week.

I am going through the back and forth with an unreasonable former tenant over a security deposit return. My attorneys advised me to sue her first. Not my style. When you do receive that letter, you are going to want to formulate a response and mail it via certified mail. Just make sure you have fully complied with local and State laws with regard to mailing out the disposition, and also respond to the demand letters in a timely manner. If they sue, they sue.