News: Posts by Mike Nemeth

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Question: If a friend of a tenant appears to be living in the apartment, is there a time limit which allows me to compel the guest to fill out an application to be added to the rental agreement? Can the tenant have guests stay as long as they want? Answer: If your lease prohibits subletting or assignment of the lease, or if your lease restricts the occupants to those named in the lease, the tenant could be in violation. You would need to prove that the person really moved in and was not just a guest. Question: I do not… Read More

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A newly introduced bill would waive environmental-review requirements for certain affordable housing projects in some of California’s poorest communities. Under AB 3030 by Assemblywoman Anna Caballero, D-Salinas, qualifying affordable housing projects in low-income “Opportunity Zones” would be allowed to proceed without review under the California Environmental Quality Act. The Opportunity Zones are being created in low-income census tracks across the country as part of the federal tax law passed last year.

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Question: Our tenants deposit their rent directly into our bank account. This has worked well because we know exactly when the rent has been paid. Now we need to evict for non-payment of rent. Can they still deposit the rent, and if so, have I hurt my case? Answer: Acceptance of rent after an unlawful detainer action (tenant eviction) has been filed is a waiver of the right to evict in most cases. To avoid this possible defense, write your tenant a letter documenting that you are not going to accept any more rent at this time. Periodically check your… Read More

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A pair of bills have emerged in the Legislature this year to help California college students secure housing near campus without breaking their budgets. SB 922 by Sen. Janet Nguyen, R-Garden Grove, focuses on turning surplus property near college campuses into housing for college students. It would authorize the California Department of General Services to offer unused properties within two miles of any University of California, California State University or California community college to local governments or nonprofits for the construction of such housing.

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Tenant advocates in Santa Ana have filed preliminary paperwork to place a rent control measure on the November ballot. The city attorney will have 15 business days to put together a title and summary for the measure. After a public notice is published by the city, the proponents will then have 180 days to gather roughly 12,000 valid signatures to place the initiative on the ballot.

Tagged: Orange County

An effort to place rent control before National City voters this November has entered the signature-gathering phase. The city attorney for National City recently gave petitioners the green light to begin circulating a petition for a measure titled the National City Rent Control and Community Stabilization Ordinance.

Tagged: San Diego

Question: One of our month-to-month residents gave a 30-day notice to vacate the unit, and now it is the 30th day, and he refuses to move. What can I do now? Do I have to serve him with my 30-day notice? Answer: If the tenant’s notice was in writing, the tenant is legally bound to vacate the unit within the 30-day time frame. Failure to do so allows you to immediately file an action for unlawful detainer (tenant eviction).

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The California Apartment Association is opposing a measure that’s seeking to create one of the largest tax increases in state history. Assembly Constitutional Amendment 22 proposes to ask voters to approve a 10 percent “surcharge” on California employers. Companies with annual net income of more than $1 million that are subject to corporate income and franchise taxes in California would be required to pay the new tax. The tax proposal comes from Assemblymen Kevin McCarty, D-Sacramento, and Phil Ting, D-San Francisco, and has met fierce opposition from a large coalition of business groups, including CAA.

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CAA, City Council partner to adopt balanced housing measures  The City Council in Redwood City on Monday, March 26, unanimously reaffirmed its opposition to rent control and its commitment to balanced housing policy solutions to address the needs of both renters and rental housing providers. Since May 2016, the City Council, Housing & Human Concerns Commission and local rental housing providers have been working together on ways to address housing affordability issues. In October 2016, the City Council approved the creation of policies to encourage long-term leases, nonbinding mediation and relocation assistance, recognizing that rent control is not a policy… Read More

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Question: How does one collect on a judgment against a former resident? Answer: A judgment can be collected in a variety of ways: wage garnishment, bank levy, seizure of non-exempt personal property and sale are the most common. A judgment debtor examination can also be used to locate assets, and if the debtor fails to appear, a warrant can be issued for their arrest.

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