News: Posts by Mike Nemeth

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The California Apartment Association is assembling an article on hoarding issues in rental communities and is seeking insights from property owners and managers. Have you encountered a hoarder on your property? How did you deal with the situation? If you are willing to speak with a reporter about the issue for CAA’s Apartment Management magazine, please email Amy Drew Thompson no later than April 19 at info@amydrewthompson.com. .

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Under a bill opposed by CAA, all property owners who regularly rent out a single-family home would have to register the property annually with California’s Department of Business Oversight, a costly and ineffective mandate that would compromise privacy rights of both landlords and tenants. “This is extremely overreaching at a great cost to the State of California with no clear benefits except to collect and make public the data,” CAA says in its opposition letter to the legislation. The bill, AB 2282 by Assemblyman Ian Calderon, D-Whittier, is intended to dissuade large-scale buy-to-rent investors from purchasing homes and turning them… Read More

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Question: We are planning on selling a rental house. The tenants said they do not want a lock box put on the front door. Can we do it anyway? Do we still have to give them notice that someone is coming by to see the house? Answer: We do not advise our clients to allow lock boxes because of potential liability. Moreover, California law requires a reasonable written notice be given to the tenants before entering. Twenty four hours is presumed to be a reasonable time. Question: If someone says we cannot enter his unit unless he is present, what… Read More

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The Santa Rosa Rent Stabilization Subcommittee has voted 2-1 to recommend “soft” rent control and a just-cause-for eviction policy for the city. The committee, at its March 31 meeting, also recommended that an urgency rent moratorium be enacted to halt any rent increases for 45 days. The full City Council is set to discuss these recommendations at its May 3 meeting. The votes for soft rent control came from City Council members Julie Combs and Chris Coursey. Don’t let the terminology fool you. “Soft” or “limited” rent stabilization is no different than real rent control. The only minor variation from… Read More

Tagged: North Bay

The California Apartment Association on May 19 will debut the North Coast PAC Derby Day, a fun evening of hosted mint juleps, local wine and beer, and appetizers. This fantastic event will raise money for the CAA North Coast Political Action Committee (PAC) to create a positive business climate for the local rental housing industry. CAAPAC, our non-partisan Political Action Committee, is dedicated to the protection, preservation and advancement of the rental housing industry, and supports candidates for public office who are receptive to the concerns of rental property owners and managers locally and statewide. Join us as we race… Read More

Tagged: North Bay

Question: I have a lease with a tenant that terminates next month, and he has been given notice that the lease is not being renewed. If he does not vacate, do I serve a three-day notice to quit for breach of covenant? Answer: You do not have to serve any notice to quit for a tenant who holds over on a fixed-term lease unless you have an automatic renewal clause in your lease. Question: Is there a state law that requires a landlord to professionally clean a carpet prior to reoccupancy? Answer: No, however, the tenant is obligated to leave… Read More

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The San Mateo City Council next week will consider an emergency ordinance that would temporarily ban rent increases on pre-1995 apartments. The council will consider the emergency ordinance at 7 p.m. Monday, April 4, at San Mateo City Hall. The ordinance, which also includes just-cause eviction measures, was recommended by city staff Thursday evening — just two business days before the council meeting. If approved Monday, the measure could take effect as early as the following day. It would then last 90 days but could be extended. City staff justifies this proposal by calling this a “temporary” measure. It is… Read More

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Before listing  properties on home-sharing websites, hosts should make sure they have adequate insurance coverage — just in case something goes awry during a short-term rental. Under legislation by Sen. Bill Monning, D-Carmel, companies such as Airbnb, HomeAway and Flipkey would need to post a disclosure about insurance coverage on their websites. Senate Bill 1092 would require disclosures about the need for the property owner or tenant to review his or her insurance plan to confirm coverage in the event of injury or damage during the rental period. If the hosting platform provides primary insurance coverage for the rental period,… Read More

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Question: What is a prejudgment claim?  When should it be used? Answer: A prejudgment claim is a document that can be filed along with the summons and complaint for unlawful detainer. It requires that all persons who are claiming a right of possession to the subject property to file a response and they will then be added as additional parties (defendants) to the eviction lawsuit. Question: What kinds of changes to the rental agreement require the “change of terms” notice? Answer: Any material change to a month-to-month tenancy requires a written 30-day notice of change of terms of tenancy. It… Read More

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Mountain View returned from the brink of approving binding arbitration — a form of rent control — during the City Council’s Tuesday night meeting. The California Apartment Association played a pivotal role in mobilizing property owners to speak at the meeting and advocate for sensible landlord-tenant measures. Mountain View had been considering binding arbitration, which allows a third party to decide how much rent can increase — if at all — making it a form of rent control. The city of Alameda formally approved such a policy March 1. CAA succeeded in fending off this type of rent control in… Read More

Tagged: Tri-County