News: Posts by Mike Nemeth

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Question: If I miss sending a security deposit disposition with 21 days as required by law, must I return the entire deposit rather than deduct amounts owed, such as outstanding rent? Answer: The law is silent on this point. As a result, some judges do and some judges do not allow the landlord to make a deduction from the deposit if not properly accounted for in accordance with California law. However, this does not mean that the damages to the unit, necessary cleaning and unpaid rent are not owed. In any event, landlords can pursue any monetary claims they have… Read More

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A proposed ban on apartment construction in Menifee would undercut the city’s economy, taking away construction jobs, sources of property tax revenue and places for working folks to live. The California Apartment Association has articulated this argument against a proposed apartment-building moratorium in a letter sent to the Menifee City Council, which will hold a public hearing on the matter at its Wednesday, Aug. 20, meeting. The Menifee City Council voted 3 to 2 on Aug. 6 to hold a public hearing on the proposal, which would prevent construction of residential rental housing on unentitled land — or properties where… Read More

Tagged: Greater Inland Empire

A Proposition 13-related bill that would have closed a change-of-ownership loophole died in the Legislature last week. Assembly Bill 2372 failed Thursday in the Senate Appropriations Committee. “I’m disappointed that we came so close to finally closing one of the worst loopholes of Prop. 13,” the bill’s coauthor, Assemblyman Tom Ammiano, D-San Francisco, said in this Los Angeles Times article. “We finally had some business interests agreeing that the structure was unfair.” Coauthored with Assemblyman Raul Bocanegra, D-Pacoima, the revised bill would have triggered reassessments following the sale of commercial property whenever 90 percent of the property is sold over… Read More

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Question: The guest of one of my residents broke the window of the unit. Our lease states that residents are responsible for damages caused by them or their guests. The resident is refusing to pay and said she is not responsible as the damage was caused by her friend. The resident is adamant that I must first attempt to sue/collect against the friend (who I do not have any contact information for) before I can try to come after the resident directly. Is that correct? Answer: The resident is responsible for the conduct of her guests. There is no legal… Read More

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Thanks in part to advocacy efforts by the California Apartment Association, the Huntington Beach City Council has reversed its decision to place a rent control measure on the November ballot. The council voted 4 to 3 on Monday, Aug. 11, to repeal the ballot measure, one month after voting to put the proposal before voters. The measure, if it had gone to voters and been approved, would have authorized the council to implement rent-stabilization guidelines for mobile home parks. “We are happy to see that rent control will not come to Huntington Beach anytime soon,” said Tommy Thompson, executive director… Read More

Tagged: Orange County

Under a bill that threatens to cripple California businesses, workers with wage disputes — but no evidence to support their claims — could record liens on the real property of landlords and other employers. AB 2416 by Assemblyman Mark Stone, D-Monterey, awaits consideration in the Senate Appropriations Committee, where it faces opposition from the California Apartment Association, as well as hundreds of business owners and other industry groups. The scope of AB 2416 goes far beyond grievances over hourly pay. It would allow liens for disputes regarding overtime, meal and rest periods, vacation and commissions, and more. The bill also… Read More

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Members of the California Apartment Association’s Inland Empire Division hosted a meet-and-greet breakfast with Assemblywoman Marie Waldron, R-Escondido. The gathering took place July 24 at Cape May at Harveston, a Sares-Regis Group property in Temecula. Several representatives from Sares-Regis Group, Alliance, Camden and National CORE sat with Waldron for more than an hour, sharing their concerns and discussing current issues at their rental properties. “The meeting provided Assemblywoman Waldron with first-hand information about rental housing needed to help protect our industry in the state Capitol,” said Tim Johnson, executive director of CAA’s Inland Empire  Division, also known as CAA-AAGIE. “Every… Read More

Tagged: Greater Inland Empire

Question: My tenant claims that since she moved out on Day 3 of the three-day notice to pay rent or quit she is not responsible for any rent. Is that true? Answer: That is false. Your tenant cannot “benefit from her breach.” She is still responsible for the remainder of her lease term or until you re-rent the property, whichever occurs first. Question: I have three roommates on a lease. One of them moved out. Do I have to refund his portion of the security deposit? Answer: No. The security deposit remains with the apartment. You do not need to… Read More

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Photos by daniel gaines PHOTOGRAPHY More than 130 rental housing industry executives teed off for a summer afternoon of golf, networking and fun during the 25th annual CAA Tri-County Charity Golf Tournament. Proceeds from the event will be donated to the Housing Industry Foundation, furthering its mission to help individuals and families remain in or return to stable housing. HIF also assists with special housing projects and renovations in San Mateo and Santa Clara counties. Supporting HIF is an important way that the California Apartment Association’s Tri-County Division and the rental housing industry give back to the neighborhoods where we… Read More

Tagged: Tri-County

Question: My lease states that the rent is due on the first of the month. If the first of the month falls on a weekend, can I require my tenants to pay rent on the weekend — if my rental office is open on the weekend? Answer: No. If the rent is due on the first, and the first of the month falls on a weekend or holiday, pursuant to California law, the tenant has until the next business day to pay the rent. For example:  If the first falls on a Saturday, the resident has all day Monday to… Read More

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