All Forum Posts by: John E Ceisel

Does a tenant have a legal right to request to be present for the final move out inspection or only the pre move out inspection?

Interesting - you can screen based on GPA?  Is that legal?  

Hello BP!

The way my lease is structured, for the move-in/move-out inspection I have 3 phases:  

1-Move In

2-Pre-Move Out

3-Move Out

As far as legal obligation is concerned (California), the tenant must fill out and sign the move in inspection (1) and the landlord must offer the pre-move out inspection (2) to the tenant - which the tenant(s) can either accept or decline, correct?  

However, where my confusion comes in is with the "final" Move out inspection (3).  Can this be conducted solely by the landlord without offering the tenant to be present?  For whatever reason, my lease has a spot for the tenant(s) signature under the "final" move-out inspection which makes me question whether or not I need sign off from the tenant(s) based on what I log.  

Any feedback/insight is appreciated - thank you BP!

John

Thank you Sue!  Very helpful.

Hello BP!

I have an international language school near one of my properties and am receiving student applicants who are also foreign nationals.  Any recommendations on how to setup the lease (directly with the students?) and property screening?  They are all nice kids, but the majority are getting money from back home and don't have income documentation or a credit history.  Is there a minimum age requirement for a tenant to be able to enter into a legal lease agreement? 

The owner didn't file the bankruptcy.  It was filed after his death.  I'm not sure who has the authority to do this (or who did it).  I spoke with his wife and she did not -- nor does she know who did.  I understand that he had "another family" so it is possible they did?  I am hearing conflicting feedback on whether the trustee of a bankruptcy has the authority to negotiate sale.  I've heard from many that they can and often do.  Is this not accurate?

Thank you Jean.  Is there a way to find out who the designated bankruptcy trustee is?

I sent text message warnings regarding both instances citing the lease agreement.  I do not have carpet, but I agree it is best to wait until they move out and see if it lingers at the same high level of odor.  Do you know if the those test kits are enforceable should there be a conflict?  Below is the language in my lease agreement with them:

"(Checked) NO SMOKING: No smoking of any substance is allowed on the Premises or common areas. If smoking does occur on the Premises

or common areas, (i) Tenant is responsible for all damage caused by the smoking including, but not limited to stains, burns, odors and removal of

debris; (ii) Tenant is in breach of this Agreement; (iii) Tenant, guests, and all others may be required to leave the Premises; and (iv) Tenant

acknowledges that in order to remove odor caused by smoking, Landlord may need to replace carpet and drapes and paint the entire premises

regardless of when these items were last cleaned, replaced, or repainted. Such actions and other necessary steps will impact the return of any

security deposit. The Premises or common areas may be subject to a local non-smoking ordinance."

Hello BP!  

I own/manage real estate in San Diego, California.  I have a condo where my lease agreement clearly states no smoking.  I went into the unit twice in the past couple weeks for showings and both times it had a strong odor of cigarettes.  Knowing the tenant smokes, I asked if he smoked in-unit and he denied it.  I confronted him the second time and he says he is burning incense.  Needless to say, incense does not smell like cigarettes. 

Is there a way (legally) to prove he is smoking in-unit (other than logging the offenses)?  I am going to have to pay for remediation in a month when he moves out and I'm concerned he will continue to deny in-unit smoking and fight me on security deposit deductions.

I found a kit online that tests for nicotine residue.  Will this hold up if I need it?  Appreciate any insight you guys have.

Hello BP!

I am following a foreclosure where the auction was delayed due to bankruptcy filings.  Because I do not have the cash available to buy at auction, I'm hoping this is an opportunity to contact the current owner and pursue a purchase outside of the foreclosure process.  

The previous owner passed away, but I believe he signed over power of attorney to his wife or a family member beforehand.  

My question is whether or not somebody with power of attorney can legally sell a property once the foreclosure process has already begun during a bankruptcy stay.