All Forum Posts by: Hubert Kim

Sorry for the unfortunate situation. It sounds like you are going through the correct process. The only suggestion I would offer is to estimate the costs associated with eviction and, before a large chunk of legal fees are actually incurred, give an incentive for the tenant to vacate voluntarily. For example, you could offer to waive all past due rent and late fees if he voluntarily vacates in 10 days (so, you will lose about 1.5 months or rent?). During this time, you may still continue with the eviction process.

If you believe the tenant will be very difficult and collecting on an eventual judgement futile, then even cash for keys may be an option.

In any case, this situation may be hard. Good luck and let us know how it turns out.

Federal housing guidelines go by square footage and per bedroom, but it is a bit confusing. Also, your local city/state regulations may have specifics, but in California, the accepted occupancy limits is 2 occupants per bedroom plus 1 occupant. So under normal circumstances, a typical 1 bedroom unit will occupy up to 3 occupants.

I can only write about California, but it may provide some insight in your situation.

I am now aware of any notice requirements to tenants of occupied units for showing a vacant unit. Why do you think there may be?

Regarding common areas, I suggest giving notice not less than 2 business days in advance by posting an appropriate letter on each unit. Specify the time frame (normal business hours, 8 am to 5 pm from Monday through Friday, are generally acceptable) and scope of work if it may affect the tenants (noise, loss of electricity, etc.).

As long as the repairs do not affect the privacy and quiet enjoyment of the tenants, notice is not required but rather good communication and a positive on your position as the new landlord. Congrats!

As @Christopher Phillips writes, showing before receiving applications is the normal process.

I suggest giving your potential applicants specific criteria they must meet for consideration: income requirements, credit report, eviction/criminal history, pets/no pets, and so on. If appropriate, schedule open houses for efficiency and (and possibly attention). Then accept applications, where applicants pay for the credit report and background check.

Hope that makes sense and good luck.

In California, even with a signed document from a tenant consenting to general inspections, I'm not certain this would be legally binding since, as you already know, general inspections do not warrant landlord entry. I do believe written consent can be given for entry for specified events, just not for any and all general inspections indefinitely.

Rather, I would encourage an annual smoke detector inspection since this is actually the landlord's responsibility to test and maintain. During this inspection, feel free to ask for permission to do a general inspection as well.

Mike,

I am not an expert in asbestos, but what does the report state? From my understanding of rental properties, a landlord does not have an obligation to remediate asbestos if it is not potentially airborne or present in hazardous levels. If this is the case, then the tenant cannot legally terminate the lease or indefinitely withhold rent.

On the other hand, if the report does state a danger, then the landlord may be in breach of habitability. If the landlord does not correct this, the tenant may terminate the lease or even withhold rent until the unit is habitable.

I agree that the tenant should not have tested the unit in the first place - if anything, they should have formally requested an inspection to you. But then you would probably have had to comply and pay for a test yourself.

If the report does not state any hazardous conditions, I suggest communicating this to the tenant and offering an early termination. If the tenant does not vacate and does not pay rent, eviction or cash for keys may be your only options. Good luck and let us know how things turn out.

You are very welcome and good luck going forward!

I don't know if local ordinances may detail occupancy limits, but I agree. I would add to act expeditiously. It seems under both Federal and California Housing laws, 4 occupants in a 650 sq ft studio is not legal. For example, California has a generally accepted rule of 2 occupants per bedroom plus 1. So a typical 1 bed rental should accommodate 3 people.

Read the lease if it has any specifics regarding this matter. Then, I suggest giving proper notice to vacate due to a lease (or housing) violation. If the tenant does not leave, then an eviction attorney would be advisable.

Yes.

Yes, also.

Basically, you may choose your selection process as long as it is consistent and does not discriminate. I don't know if you have priced your rental too low or not, but at least it seems you will fill the vacancy right away. Congrats and good luck!

Your PM may be accurate that filing a small claims case may be futile in actually collecting any money, but I don't believe it is pointless. Again, this may not apply to your geography, but in CA, if damages and repairs to a rental exceed the security deposit, the landlord certainly may choose not to, but also certainly may choose to send a bill along with an itemized statement of deductions. The bill should set a date by which payment is to be made and what happens if payment is not received - generally small claims court. Even if you just send a bill with no intention to sue, the mere thought of a lawsuit may motivate some people to pay or negotiate a settlement.

Small claims court is relatively inexpensive and quick. But if you receive a judgement, it does not guarantee any ability to collect. Collection is a separate matter and often very difficult, sometimes a waste of time.

Hope that makes sense.