News: Posts by Mike Nemeth

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Question: I had to go through an eviction to regain possession of one of my rentals. I also received a judgment for the rent, court costs and my attorneys’ fees. How can I collect this judgment? Do I have to go back to court? Answer: The law provides for a variety of ways to collect the judgment. Wage garnishments, bank levys, attachment of personal property and judgment debtor examinations are formal ways to collect monetary judgments.  Of those listed, a bank levy is the most effective way to collect a judgment. Receiving accurate information on the rental application allows optimal… Read More

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The Chico City Council this week declined to pursue an ordinance that would place restrictions on terminating tenancies and force owners to pay relocation fees. On Tuesday, Chico Councilwoman Ann Schwabe made a motion to place the issue on a future agenda, but it failed to generate support from fellow council members. Members of the California Apartment Association in Chico joined a broad coalition of rental owners, property managers, Realtors, and homebuilders that flooded council members with emails and phone calls voicing opposition.

Tagged: Shasta Cascade

Although CAA has secured several positive changes to a rental housing ordinance under consideration in Glendale, a worrisome relocation-fee component remains in the proposal. The City Council introduced the ordinance Tuesday night and is expected to take a final vote on the ordinance at its Feb. 12 meeting. Although characterized as a “right to a lease” ordinance, the measure included a number of other elements that concerned the California Apartment Association. The council has agreed to remove: A rent registry. A mandatory mediation program. An increase to current no-cause eviction relocation fees. Still in the ordinance, however, are relocation fees… Read More

Tagged: Los Angeles

Taking a page from Marin County, the San Rafael City Council this week agreed to continue studying “just cause” eviction and mandatory mediation policies. City staff highlighted both ideas in a report on “renter protections” delivered to the council Monday. At the meeting, the California Apartment Association reiterated its opposition to just cause, which forces landlords to prove that at least one of several specified conditions exist before evictions can proceed. Such policies drag out the eviction process and make it more difficult and costly to terminate tenancies.

Tagged: North Bay

Question: Are e-mail communications between tenant and landlord admissible in court? Answer: Yes, e-mails can be allowed into evidence, but cannot be used to serve notices.  

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The California Apartment Association has helped stave off a number of negative rental housing policy proposals for two cities on the San Francisco Peninsula. In January, members of the South San Francisco City Council publicly denounced rent control, and Half Moon Bay’s council deferred action on a relocation-assistance proposal and other worrisome policies. On Jan. 9, the South San Francisco City council held a workshop on “tenant protections” and strategies to address displacement resulting from rising rents, renovations and substandard housing.

Tagged: Tri-County

Employing a new law supported by CAA, the Newsom Administration has sued a Southern California city for allegedly stifling the production of low-income housing. On Jan. 25, Gov. Gavin Newsom announced his approval of legal action against Huntington Beach, claiming that the city in Orange County has squelched the construction of affordable housing while also refusing to meet regional housing needs. “The state doesn’t take this action lightly,” Gov. Gavin Newsom said in this news release. “The huge housing costs and sky-high rents are eroding quality of life for families across this state. California’s housing crisis is an existential threat… Read More

Tagged: Orange County

Question: The lease for one of my tenants expires at the end of this month. He told me to take the month’s rent out of his security deposit because he would leave the apartment clean and in good repair. He told me since it is his deposit, he has the right to deduct rent out of the deposit. What should I do? Answer: California law requires the owner or manager to account for the use of the deposit no later than 21 days from the date the tenant vacated the unit. Since the tenant has failed to pay rent, a… Read More

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Although President Trump announced that the partial U.S. government shutdown would temporarily end, its impact is still being felt by both renters and landlords. Trump’s announcement Friday came on the 35th day of the government closure, which has left 800,000 federal employees without a paycheck, and many having a difficult time paying rent. The president said the government would reopen for three weeks while negotiations for border security continue. “I will make sure that all employees receive their back pay very quickly or as soon as possible,” he said, as reported by the New York Times. “It will happen fast.”… Read More

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After hearing from CAA, the El Cerrito City Council this month postponed a scheduled vote on several rental housing-related proposals, including “just cause” eviction policies. In addition to just cause, the council’s agenda on Jan. 15 included an onerous change to the city’s relocation assistance policy, minimum-lease requirements and termination-of-tenancy requirements. The decision to postpone voting on these policies came after the council received staff presentations and heard the testimony of concerned stakeholders, including the California Apartment Association.

Tagged: Contra Costa