News: Posts by Mike Nemeth

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Question: Is a phone text an official written notice for a 30-day notice? Answer: No, a 30-day notice has to be in writing and physically deliverable to the tenant in person, or by serving another person of suitable age and discretion on their behalf or by posting a copy on the door and mailing a copy. Question: Is the “removal of roommate” form still valid even if one roommate does not sign? Answer: If the landlord allows the current tenants to substitute another person for one of the residents, many landlords use a “removal of roommate” form. All adult occupants… Read More

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Marin County supervisors abandoned plans for a just-cause eviction ordinance this month, opting instead for CAA-supported alternatives, including voluntary rent guidelines and a landlord-incentives program. The decision came Feb. 9 as the county board explored various policy options to preserve affordable housing and prevent resident displacement. Heading into the meeting, the California Apartment Association North Coast objected to two ordinances under consideration. One of them, a just-cause eviction measure, would require rental owners to prove “cause” in court or, in some cases, before a political body whenever needing to remove a problem resident. The other would enforce source-of-income protection. In… Read More

Tagged: Marin CountyNorth Bay

In light of the burgeoning medical marijuana industry in California, CAA will pursue legislation this year clarifying that landlords can prohibit the smoking of marijuana by tenants in apartments, just as they can ban the smoking of tobacco products. The California Apartment Association’s bill comes amid conflicting marijuana laws at the federal, state and local levels that have created challenges for both landlords and tenants. One of the most prolific problems rental property owners face today is the tenant who uses marijuana with a valid medical card. Many neighboring tenants complain that smoking marijuana is a nuisance and that it… Read More

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Evidence that rent control is the wrong approach to solving California’s housing crisis continued to mount this week as CAA released a study by Beacon Economics. The Beacon Economics report found that low-income tenants in cities with rent control are not likely to benefit from the policy as intended. Its release comes a week after California’s nonpartisan Legislative Analyst’s Office published a study that points to flaws with rent control. The Beacon Economics report found that rent control helps a select few — those lucky enough to live in a rent-controlled unit when the law takes effect. Once benefiting from… Read More

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A law in Hesperia that allows the police chief to order the eviction of tenants from rental housing violates the U.S. Constitution, the California Apartment Association says in a letter to the city. The police chief’s eviction authority is part of Hesperia’s Crime Free Rental Housing ordinance, a pilot program that took effect Jan. 1. The ordinance also requires criminal background screenings, conducted by the Police Department, for all prospective tenants and mandates registration and inspection of all covered properties as well as the use a of crime-free addendum. “Unfortunately, compliance guidance is impossible to provide as many key provisions… Read More

Tagged: Greater Inland Empire

On Dec. 1, 2015, the Mountain View City Council approved a “right to a lease” law. Owners are required to provide notice of the law and to offer residents the option of a 6- or 12-month fixed-term lease. Specifically, New tenants and tenants currently on lease: A written lease must be offered to every prospective tenant renting a rental beginning Jan. 7, 2016, and to tenants whose pre-existing leases expire after Jan. 7, 2016. Month-to-month tenants: For rental units not under a written lease (month-to-month) on Jan. 7, 2016, the landlord has until March 1, 2016, to offer a written… Read More

Tagged: Tri-County

Over strong objections from the California Apartment Association, the Alameda City Council has given preliminary approval to a rent ordinance that includes binding arbitration to settle rent disputes. Under Alameda’s ordinance, owners must justify rent increases over 5 percent through a mediation process. Should this process fail, rent disputes will be decided during binding arbitration, which is effectively a form of rent control. With binding arbitration, the city — not the owner or free market — is placed in charge of how much rents can go up. Following this week’s tentative approval, the council will take a second and final… Read More

Tagged: Rental Housing Assn. of Southern AlamedaTri-CountyContra Costa

Question: New tenants moved in last month. The wife now wants me to take her name off the lease because she is moving out and getting a divorce. They agreed to a one-year lease. What can I do? Answer: You are not legally required to release the wife from liability under the lease. If you do, and the husband is unable to pay or declares bankruptcy, you would not be able to pursue your losses from the wife. Question: One of our tenants owes us for past-due rent, and part of his security deposit.  He has given us a check… Read More

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The California Apartment Association’s offices will be closed Monday, Feb. 15, in observance of Presidents’ Day. Normal operating hours will resume Tuesday.

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To help California’s low-income families secure housing, elected officials should focus more on encouraging private residential development and less on existing government programs that subsidize construction or impose rent control, the Legislative Analyst’s Office says. Removing barriers to private construction, however, will take time and a political shift, says the report, released Wednesday by the nonpartisan office, which advises the Legislature on fiscal and policy matters. “Doing so will require policymakers to revisit long–standing state policies on local governance and environmental protection, as well as local planning and land use regimes,” says the study, Perspectives on Helping Low-Income Californians Afford… Read More

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