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Question: My tenant has been paying rent but owes for back utilities and late charges. Can I apply the tenants next rent check to outstanding utilities and serve a Notice to Pay Rent or Quit?
Answer: Unless your lease contains specific language designating the order in which tenant obligations are paid, applying a check tendered for rent to other charges is risky. This is especially true if you have a past pattern of applying payments in a certain way. You can recover charges other than rent using a Notice to Perform Covenants or Quit.
Question: My tenant is evading service… Read More
Tagged: ColumnsComplianceLegal Q&A
Each year, the CAA Contra Costa Napa Solano Division and RHA Serving Southern Alameda County, honors those who demonstrate excellence in the rental housing industry with the prestigious CAA Greater East Bay GEMM Awards.
Top 5 reasons to nominate
GAIN ATTENTION for the accomplishments of your company, organization, or yourself.
RECOGNIZE your colleagues and employees for great work throughout the year.
SHOW OFF the best of your best to the rental housing industry.
CREATE BUZZ about your company, organization, or yourself through website postings, publications and social networking.
BOOST YOUR EMPLOYEE engagement, confidence, motivation, and loyalty.
Celebrate the accomplishments of… Read More
The California Apartment Association is calling on its members to help defeat a bill that threatens the Ellis Act and could come to a vote on the Senate floor next week.
The bill, 1439 by Sen. Mark Leno, D-San Francisco, could strip San Francisco landlords of their freedom to leave the rental housing business.
SB 1439 is a direct assault on the Ellis Act, a law passed in 1985 that bars local governments from making property owners stay in the rental housing industry.
Ellis especially protects owners of rental properties in rent controlled cities, where landlords can find themselves operating… Read More
Tagged: Ellis Act
As expected, a bill that would hinder a landlord’s right to take rental units off the market in San Francisco advanced from the Judiciary Committee this week. It next goes to the Senate floor.
SB 1439 by state Senator Mark Leno, D-San Francisco, would undermine the Ellis Act, a 1985 law that bars local governments from making landlords stay in the rental housing business.
The Ellis Act especially protects owners of rental properties in rent controlled cities, where landlords can find themselves operating at a loss.
On Monday, Leno’s bill passed the Judiciary Committee by a 5 to 2 vote… Read More
Tagged: AdvocacyEllis ActLegislation
An anti-Ellis Act bill is dead after its author refused to eliminate wording that would have encouraged tenants to wage court battles as a tactic to stay in rent-controlled apartments already removed from the market.
The California Apartment Association on Tuesday derailed AB 2405 by Assemblyman Tom Ammiano, D-San Francisco.
The bill received four votes but needed six to survive its hearing in the Judiciary Committee.
Last week, after CAA persuaded lawmakers to gut the most problematic aspects of the bill, AB 2405 advanced from the Assembly Committee on Local Government.
On Tuesday, however, Ammiano would not agree to remove… Read More
Tagged: AdvocacyEllis ActLegislation
Before throngs of rental housing professionals headed to the state Capitol, the Capitol’s top elected official headed to them.
For more than 30 minutes Tuesday, Gov. Jerry Brown captivated a crowd at the Sacramento Convention Center, telling stories about his wide-ranging political history, offering observations about current challenges in California government and looking ahead to a possible fourth term as governor.
Brown served as keynote speaker at the California Apartment Association’s annual Legislative Conference. He and Assemblyman Tom Daly, D-Anaheim, delivered talks that primed the crowd for an afternoon of meetings with legislators on bills important to the rental housing… Read More
Tagged: LeadershipLegislation
Strong opposition led by RHA Sacramento Valley persuaded the Sacramento Metropolitan Fire District to put its proposed property tax assessment on hold.
This action spared rental property owners from a new annual assessment of $14 to $30 per unit.
The Fire District had been seeking a special vote-by-mail election to gain approval of a new “Fire Suppression Benefit Assessment.”
If approved, the assessment would have raised $12 million annually to reopen five engine companies closed during the recession.
RHA – a chapter of the California Apartment Association — was the first business group to oppose the assessment and others quickly… Read More
Tagged: AdvocacyTaxes Sacramento Valley
The California Apartment Association has written a letter to Assemblyman Tom Ammiano, detailing several defects in his anti-Ellis Act bill before he presents it to an Assembly committee next week.
Passed by the state Legislature in 1985, California’s Ellis Act says no local government can require that a rental property owner continue to offer his or her housing for rent. Ammiano’s bill, which would gut the act, goes before the Assembly Committee on Local Government on Wednesday, April 23.
At its core, Assembly Bill 2405 would keep contested Ellis Act evictions stuck in the court system for years on end… Read More
Tagged: AdvocacyEllis ActLegislation
Under California law, tenants can find rather simple ways to postpone evictions and keep living rent-free.
In many cases, unscrupulous attorneys advertise online, offering to help tenants drag out the eviction process for months — and even years.
Tenants are coached by these attorneys to check boxes on the Unlawful Detainer Answer, claiming the unit is substandard or uninhabitable.
They provide no background to substantiate their claim. This very practice gives tenants an easy 30 to 60 days extra time to live in the unit rent free. They may never have to prove anything in court.
Often a tenant’s answer… Read More
Tagged: AdvocacyLegislation
SANTA CLARA — When it comes to picking apartments, it’s no surprise that tech-worker tenants want opportunities for social networking.
But we’re not talking about business centers where they can hunker down to like and post pictures or squeeze in an extra hour of programming.
Just ask employees at Facebook, which surveyed its employees about the amenities they want in apartment living.
Turns out a venue for old-school, face-to-face socializing topped the list.
“They did not care about the fitness center; they did not care about a business center; they did not care about a swimming pool, Jacuzzi — none… Read More
Tagged: Events Long Beach