News: Posts by Mike Nemeth
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Question: I have a resident who moved in this last month. I have had a lot of noise complaints about him from other residents. I have also issued three warning notices for noise and the cleaning of this patio. He has a one-year lease. What can I do?
Answer: If the disturbances rise to the level of a public or private nuisance (major, continuous disturbances to neighbors), then you could serve a Three-Day Notice to Quit based upon the nuisance.
Tagged: ColumnsComplianceLegal Q&A
An Assembly bill would dramatically prolong the eviction process, endanger renters who complain about their neighbors, and allow tenants to avoid eviction by making frivolous complaints.
Under 2343 by Assemblyman David Chiu, D-San Francisco, landlords would have to provide 10 days’ notice before serving eviction papers to tenants who’ve failed to pay the rent. At any time during this 10-day period, the tenant could pay the rent to prevent eviction. At present, the notice requirement is three days. This extension would essentially shift rent due dates to the middle of the month.
For tenants who have committed serious lease violations,… Read More
Tagged: EvictionsLegislation
After hours of public testimony and debate, the San Jose City Council on Tuesday voted to eliminate RUBS in rent-controlled housing.
RUBS is short for ratio-utility-billing systems, which some property owners use to divide utility bills among tenants based on the number of renters in the building or square footage.
At Tuesday’s meeting, the council also approved changes to the city’s “just cause” eviction ordinance and an ordinance related to the Ellis Act. The council is expected to formally approve the changes with a another reading of the ordinances May 8.
Rent control activists submit signatures to qualify initiative
With a Costa-Hawkins repeal measure expected to qualify for November’s ballot, the California Apartment Association has launched a full-fledged campaign to defeat the initiative and prevent extreme rent control from returning to California.
The CAA-led Californians for Responsible Housing has unveiled the “Stop the Housing Freeze” campaign and companion website NoHousingFreeze.org.
The name of the CAA-led anti-repeal campaign and website reflect the certain impact of overturning Costa-Hawkins. Without Costa-Hawkins, cities will apply rent control to single-family homes and new multifamily housing and allow for permanent rent caps, even after changes in tenancy.… Read More
Question: My question concerns residents who deposit their check in the rent drop box after the due date. The lease provides that rent is due on the first and if it is not received by the fourth it is considered late, and a $25 late fee is imposed. On the morning of the fifth, the rent drop is emptied and any checks received after that time are deemed to be late. Each month there are a few residents who put an earlier date on the rent check and drop it in after the fourth. How should we respond to this… Read More
Tagged: ColumnsComplianceLegal Q&A
The California Apartment Association has formed a coalition of housing advocacy groups to defeat a draconian rent control and “just cause” eviction measure proposed for the city of Sacramento.
The coalition, Citizens for Affordable Housing, will raise dollars to educate voters on the serious flaws of the proposed Sacramento Renter Protection and Community Stabilization Charter Amendment. In addition, the coalition will work with local housing providers and the city of Sacramento on solutions to increase access to affordable housing for everyone in our community.
On Monday, April 23, signatures were submitted to qualify an initiative for the November 2018 ballot that would hurt owners of rental housing throughout California.
The Housing Freeze would repeal the Costa-Hawkins Rental Housing Act, opening the door for permanent price caps on what owners can charge for rent on their properties. The California Apartment Association encourages its members to sign up today to join the campaign opposed to this initiative.
The Housing Freeze’s sponsor, Michael Weinstein, has an extensive history of fighting against new housing and opposing renters. He has spent more than $2 million to put this initiative… Read More
In response to storms and flooding last month, Gov. Jerry Brown on Thursday proclaimed a state of emergency that covers most of the Central Valley.
Brown’s declaration activates the state’s anti-price gouging law, which bans rent increases exceeding 10 percent while a state of emergency is in effect.
The declaration was issued for Amador, Fresno, Kern, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne counties.
An Assembly bill proposed this year would mandate that landlords and property managers receive training on fair practices and tenant rights.
AB 2618 by Assemblyman Rob Bonta, D-Oakland, would require the Department of Real Estate to administer a certification program for the training. The department would also be authorized to identify and approve providers of the educational coursework.
Tagged: EducationLegislation
Rent increases remain limited to 10 percent
Gov. Jerry Brown has again extended states of emergency in areas of both Northern and Southern California affected by last fall’s wildfires.
The extension keeps in effect the state’s anti-price gouging law, which bans rent increases exceeding 10 percent during states of emergency.
In Northern California, states of emergency triggered by October’s wildfires were set to expire this Wednesday, April 18. Brown, however, extended his emergency declaration to Dec. 4 for Lake, Mendocino, Napa, Solano, and Sonoma counties.
Related content:
Novato landlord charged with price gouging as prosecutors scour for cases after fires… Read More
Tagged: ComplianceWildfires 2017 Wildfires