Jan 06 2009

Back to the Uninhabitable question

Published by Christine under Property Management

OK, taking this a step further, if the landlord doesn't fix the non-operational bathroom and kitchen lighting we talked about last week, what is the next step?

The tenant should call and follow up with the landlord. If that yields no response, then a formal request for repair should be made in writing. Sending in a letter with the rent check or via certified mail is a way to track receipt.

Ultimately, the tenant can hold back payment of rent if they had to pay for a repair that was an emergency or requirement to make the home habitable. However, attempts to allow the landlord to correct this problem should be made. If tenant requests are made, documented, and ignored, there are two choices left:

1) Hire an electrician to make the repair — after giving the landlord ample notice of the intent, then provide receipts and proof of payment to the landlord, asking for reimbursement. If the landlord will agree to accept the repair value in lieu of rent, get a written agreement.

2) Give the landlord the required notice and move out. Often moving is the easiest solution, since the landlord is likely setting a precedence for all repair requests. If there is a term lease involved, then moving out may not be a solution as it would break the lease and incurr further legal issues.

Should the tenant elect to pay for the fix, it's possible the landlord won't reimburse the repair. Then comes the choice to eat the cost and continue on as a renter, or cut your losses and move. Withholding the repairs from rent is valid in some situations, though the landlord may still start eviction proceedings for non-payment of rent. Going this route involves time, patience, and a clear paper trail.

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Jul 14 2008

Exhorbant Late Fees

Published by Christine under Property Management

Can my landlord charge $200 for not having my rent in by the 5th?

Look at your rental or lease agreement. The terms of late rent payments should be outlined there, whether it be a flat fee or a graduated rate (every day it's late the fee increases). If you signed the agreement and/or accepted the keys and are paying rent…then you have committed to all terms of the lease.

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Jul 10 2008

Wow, it's hot! Where's my A/C?

Published by Christine under Property Management

Each year in the Bay Area it's getting warmer. I remember when 85 was considered peak summer heat!

Many renters are looking for homes with A/C or asking landlords to add it. Understandably so, though don't be surprised if the owner says "No."

California law states residences must have heat, but A/C is not considered a legal requirement at this time. It is a convenience item and at the discretion or agreement between landlord and tenant. Installing a new, forced-air A/C system in a home usually costs $5000 to $8000 depending on the upgrades needed to the current heat system.

Most landlords will allow tenants to install portable or window A/C units at the tenant's expense. However, depending on the construction of the property, A/C may not be the whole solution to the heat. Attic fans, ceiling fans, dual-pane windows, blackout drapes, porch covers or shades, and insulation can all increase the property's ability to refract heat. These all fall under the "convenience" item category, so landlords are not required to provide or permit them.

Tenants, remember to check with your landlord before making any permanent changes to your rental property. Many landlords appreciate efforts made that will enhance the desireablilty of their rental in the future, so they may be quite agreeable to your suggestions and efforts. However, your changes, if not agreed upon, may be deducted from your security deposit for "restoration" of property.

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Jun 23 2008

Pros & Cons of Subleasing

Published by Christine under Property Management

Subleasing can consist of bringing in a roommate or moving out and finding someone to take over your lease. This is a good economical option for many, but there are some potential potholes in this road to success.

Many leases prohibit sub-leasing, so read your lease terms. You probably need to get your landlord's stamp of approval if you add an occupant or want someone to take over your lease. If you simply find someone to move in and take over the rent, this could be a violation of the lease and the landlord could evict you. Yes, I said YOU.

Most leases limit the number of occupants and may add an additional monthly fee to the rent if there is a change in occupancy. Usually it's a minor amount and the benfit of splitting the rent will outweigh the fee. But, if your roommate is not on the lease and decides to stop paying you rent, your landlord has no obligation to help you. So pick your roommates wisely and make sure they are added to the lease so they have some incentive with the financial responsibility.

Also, if you sublease and move out, you would still be liable for the rent, plus the new renter and whatever the new renter does to the unit as the lease still has your name on it. So, rather than having help in a difficult situation, you may end up paying rent in your new location and paying rent while your subleasee enjoys the benefits of worry-free housing. It becomes a snowball effect like co-signing for a relative's car or house. If they stop paying, it becomes your responsibility to step in and make the payments on something you don't tangibly own and can't sell.

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Jun 18 2008

Eviction notice from a past rental property

Published by Christine under Property Management

I received a notice of eviction from a past landlord. I don't live at the house any more. I moved out six months ago. Is this a joke?

If landlord has gone to the trouble of filing a notice of default and started court procedings, I'd wager a guess it's not a joke.

If you had a lease on the house and sub-leased or moved out and left roommates behind to finish out the lease terms, did you notify the landlord AND get your name removed from the lease?

If your name is on the lease and the remaining people have not paid rent, you are still responsible in the eyes of the law–and the landlord–for the unpaid rent or whatever other violation of the lease has occurred.

Best contact the landlord and your ex-roommates and see what you can negotiate to stay the eviction….or they may obtain a judgment against you which could become a collection on your record!

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