All Forum Posts by: Fred Dray

It's difficult to charge for damages that you don't have repaired because you usually need a vendor receipt to justify those charges.  I would try to negotiate with the person to see if they are willing to pay something. 

As for the leaking toilet, unless there is something in the lease requiring the tenant to report issues to you, not much grounds to charge unless you can prove tenant misuse caused the issue. 

In the future, you should inspect twice a year to protect yourself against such issues.  Also establish some type of requirement for tenants to report maintenance issues to you or the tenant could be responsible for further damages resulting from not reporting the issue.

good luck

Do you and if not, you should have a term in the lease which states something like: Tenant may not change locks without landlord consent.  If tenant changes locks, a key must be given to landlord on demand. 

Tenants should not be making any changes to your property without consent.

Since she is on the lease, he can not suddenly change locks to keep her out.

As for changing the lease the lease, she needs to give you 30-day notice to move and until the end of that notice, she is responsible for rent.   You can always serve a 3-day notice to pay to both of them.  Does she still have keys? 

Also, beware of taking any action based only on hearing his side of the story.  Who knows what the real truth is, so make every attempt to discuss the situation with her.

good luck

In So Cal, many landlords don't provide refridgerators.  The latest trend is laminate as it lasts longer than carpet.  Also, tile in bathroom/kitchen.  The nicer you make your units, the more likely you are to attract better quality tenants who will stay longer.  In my area, owners are upgrading fixtures and appliances to justify higher rent.  Most new units being built are luxury.  Just go on Craigs List for your area and see what your competitors are offering. 

I should know the answer to this and didn't.  Bothered me enough that I did more searching for CA law.   Still no definitive instructions, but I did find this

http://homeguides.sfgate.com/landlord-rights-event...

I would do as they suggest, if the daughter removes anything, take pictures or at least document items.   And my instinct tells me you just shouldn't give key and let someone take everything.   The court/will should define an estate mgr and they decides what happens with stuff...as the link suggests.

Definitely don't discard anything until you get some kind of official statement.

Please let us know what you find out and what actions you take.

Hmm, we've gone over this a few times in our property mgr training sessions and it seems you have to store items for 30-days if their estate or trustee does not claim.   After that point, not sure you can keep or profit from sale of items.  Think it has to be donated to charity.

Be interesting to see how CA law treats this.  I did a quick google search and only found info on storage after eviction.  I think everyone gives you good advice about filing for abandonment. 

Sorry to learn this has happened. 

Most of this is your fault for not checking and taking care of issues.  First of all, I suggest you never have tenants fix or repair.  They are not licensed, why would you want them reparing anything?  Use a licensed contractor.   You should be changing AC filters.  It may be the tenant's responsibility to clean mold, but when you inspect and they are not doing so you give them a written notice to clean or you will have a cleaning crew (that deals with mold) clean and charge them.   Why are you asking the tenant to paint?

Seems you were aware the dishwasher was old.  You should be conducting yearly or even better twice a year inspections.  Look for leaks around dishwasher connections, pipes, mold cleanliness and check all appliances/air con-heater units.  Preventive maintenance will save you so much $$ in the long run.

Trouble accessing unit?  Post a 24-hour notice to inspect/repair and you are entitled to go in.  If they deny access, call the police.

They may be lazy and unclean tenants, but you seem aware of this for a lengthy time period and allowed it to continue.  Without giving them any type of written warning for these issues, you may have difficulty making them leave if they challenge it. 

Since you have some empathy for the woman's plight, I suggest you start by listing all of your concerns/lease violations in a written notice and give them a copy.  Make sure they understand the unit must be maintained and all your concerns addressed from this point forward.

Also, require them to report all maintenance needs in writing to you within 24 hours from which they are aware of the problem.   

Sorry, but I think a lot of this is due to you being a laxe landlord/owner. 

Lot's of section 8 questions in the last few weeks, do a search and you'll

get a lot of good info.  Before you write up your lease, check with section 8

officials as their rules/regulations/terms will often supersede yours. 

Don't give money to a landlord/prop mgr or anyone without getting some type of written form/receipt explaining why you are giving money and what the conditions are.  You should have been notified that the $100 is non-refundable credit check fee.  However, $50 per adult seems high. 

Your explanation of events is long and a bit difficult to read (you may want to shorten to encourage more responses), but I would try to go over this person's head/chain of command and complain that they did not explain that the $100 was non refunadable.  If nothing else, you should be entitled to a copy of the credit report with written explanation as to why you were rejected.

good luck

I've worked for two different property management co's in CA and on neither

was the owner's name or license number.  Currently, I sign the leases and I

don't have a license.  So, in CA I would say the answer is no. 

I don't see areason an owner/landlord should include a license number on the lease.  As

a renter, I would have no interest in that and if a renter becomes angry, no

sense making it easy for them to use/report you license number.  Just my opinion

based on experience in CA, as I'm not sure of the law for your state.

Also during the inspection today a giant cat ran out of the closet and the tenant replies "I hope you like animals!"  This tells me the tenant is use to being or thinks he is in contol and suggests he may be combative.   Is he? 

If not and he's agreeable, then discuss things with him.  If he's already been smoking and has cat, damage is done.  I suppose you could ask him to smoke outside.  Would he be willing to get rid of cat, if not pay pet deposit.  Tell him what market value is and your idea for raising rent and see if he can afford/is willing to pay.  If he can't pay and has to leave, at least you have shown empathy for his situation, given him an opportunity to stay and make changes and hopefully, he won't go beserk.

If you are stuck with him and he is combative, give him proper notice, write up new lease or lease addendums with your rules and regs (no pets, no smoking, whatever) raise rent and put him on month-to-month. 

If he has to move and suggests he will trash the place, give him a 24-hour notice to enter every two weeks with the excuse you are going to do some repairs...find something simple you can do like caulk around shower enclosure and do it meanwhile conducting a visual inspection to see if he is causing damage.  If so, take pictures and call police.

good luck