News: Posts by Mike Nemeth
Filter
Question: Our tenants were supposed to move out in two weeks. However, the house they were moving into is not completed and they need to stay for another 15 days. I have no problem with this, but my question to you is what if they do not vacate on time?
Answer: You should have them sign an extension of their lease so if they fail to vacate you can immediately proceed with an action for unlawful detainer.
Tagged: ColumnsComplianceLegal Q&A
The California Apartment Association and city of San Jose are asking local property owners to identify available units for residents displaced by recent flooding in Silicon Valley.
“The California Apartment Association recognizes the urgent need for housing that the flood has placed on our already tight housing market,” said Anil Babbar, vice president at CAA. “It is because of this urgent need that we are placing a call to our membership to identify available rental units and provide that information to the city.”
Tagged: Philanthropy Tri-County
The Santa Barbara City Council on Tuesday decided against pursuing a rent control policy, opting instead to examine alternative approaches to the city’s housing shortage.
Santa Barbara will now take a closer look at policies including enhanced mediation and rental inspections. The council also wants a task force to study a potential just-cause eviction ordinance, however, council members expressed reservations about the policy.
A California Senate bill that would require inspections for apartment balconies should exempt structures that have already been officially verified as safe, the California Apartment Association has concluded.
SB 721 by Sen. Jerry Hill, D-San Mateo, would require the inspection of decks, balconies, and elevated walkways, as specified, in buildings containing three or more multifamily units.
Tagged: InspectionsLegislation
San Francisco landlords who use the Ellis Act to exit the rental housing business should not have to pay tens of thousands of dollars in additional tenant-relocation fees, an appellate court has ruled.
In 2015, the San Francisco Board of Supervisors passed an ordinance requiring landlords to pay up to $50,000 to cover any rent increases tenants evicted under the Ellis Act incur over a two-year period.
Question: A husband, wife and three children reside in an apartment. The husband was granted a restraining order, preventing the wife from living in the unit. The wife is now requesting a copy of the lease. Should we officially remove her name?
Answer: No, but you should give her a copy of the lease. You should also have a copy of the restraining order and, if accurate, not allow her access to the unit.
Tagged: ColumnsComplianceLegal Q&A
Richmond will hold a series of community workshops this month related to the city’s rent control ordinance, which voters approved as Measure L in the November election.
While the California Apartment Association has pending litigation challenging the measure, property owners and managers must follow this ordinance as long as it remains in effect.
Tagged: Rent Control Contra Costa
A bill proposed in the Assembly this year would help protect rental housing owners against baseless litigation filed under the Americans with Disabilities Act.
Under AB 913 by Assemblyman Adam Gray, D-Merced, a court may prohibit extremely high-frequency litigants from filing ADA lawsuits without first determining that the litigation has merit and is not intended to harass the defendant.
Tagged: News
Question: I suspect there are at least five people living in a one-bedroom apartment in one of our units. The lease only allows three persons, and they have not paid rent. I want to serve a three-day notice to pay rent or quit, but I do not know all of their names. What should I do?
Answer: If you serve a three-day notice, address it to the occupants for which you have the names and also to “all others in possession.” If they pay the rent, however, you may have agreed to the additional people living there. If you do… Read More
Tagged: ColumnsComplianceLegal Q&A