What are my rights? CA landlords please chime in!

[Bonny]

Mar 29, 2015 18:45:26 GMT -5 zibazinski said:

But if they want to leave, they will. Mine are on the west coast. I'm now in the Midwest but used to be in Florida. My mom and grandma handled it the same way.

Right but then they are on the hook until I find a new renter. The folks in the N. San Diego County house left early because in their words "the house was substandard"  If you want to PM I'll send pix and you can be the judge.

Anyway, he stayed until the new renter signed a lease. I didn't lose any rent. This was Nov so I was concerned about getting a replacement renter because it's a big house at 2900 sq.ft. Knock on my wooden head she seems to be a better tenant than he was!

[zibazinski]

I can't imagine actually getting a tenant to pay until a new renter is found, lease or not. Considering the damage they can do, the thought blows my mind. I've always felt that if tenants were actually held criminally liable for the damage they do because after all, if a random person damaged your home, they'd be in deep doo doo, that why being a tenant gives them a pass.

[dondub]

I let all my leases rollover to month to month after 12 months. The PM's want lease renewals but it doesn't take a math whiz to calculate what happens on a $25/mo. increase with a $400-500 releasing fee.

[imanangel]

We had a lease on our property the first year the tenants were there.  They have been on a month to month the past two years.  Thankfully they have been good tenants!

[zibazinski]

Plus, if they suck, it's easier to get rid of them with no lease.

[Bonny]

Mar 29, 2015 20:39:13 GMT -5 dondub said:

I let all my leases rollover to month to month after 12 months. The PM's want lease renewals but it doesn't take a math whiz to calculate what happens on a $25/mo. increase with a $400-500 releasing fee.

I only use a real estate agent for the AZ rental. That demographic (basically far North Scottsdale) doesn't do Craig's List.

I think one of the differences is that I'm renting out bigger, family sized units. The condo is 1900sq.ft. and since it's 5 blocks from the beach and a mile from UCSD summer brings me the most competition. I don't want to try renting it out in November. The N. San Diego County house is 2900sq.ft. one mile from the beach and is really a family house. I want that to come up for rent July 1 when kids are out of school. So far it's worked for me. If I had studios, 1 or 2br units the one year and month to month would make a lot more sense.

[bean29]

Yeah, I agree with Zib, we just do month to month leases.  I have toyed with doing a one year or six month lease to try to keep the apartments from being vacant at a bad time to lease...ie winter.  Right now my niece is renting our flat.  She and her roomate were fighting, DH told the roomie to go and he would send her security deposit.  Niece has a new roommate lined up, but not for several months.  DH said she could pay 1/2 rent until July.

My niece is a college student, her college has a severe shortage of dorms.  Our building is not too far from the college, but not exactly close either.  Apartments close to the college are really expensive.  Living in our unit, she has an Aunt and Uncle up the street and Grandparents within fie minutes of her.  New Roomate probably has a lease until that point in time.  

I think she has one year of college left, we may sell the building next year, we have not decided, but we figure we will just leave things alone until then.  I think my niece may have a cat in the apartment which would make DH mad, but the carpet there is in good shape but old.

[dondub]

I know this one PM that coached one of my daughters. Have not utilized her services but we had a long chat once about the rental biz. She tailors every lease to end in Sept., or before, to avoid the 'hard to rent' time of the year. I always cringe when a notice to vacate comes at the end of Oct., Nov., Dec. She says this creates different lease lengths but less vacancy in the final three months of the year. She then takes most of Dec. off for travel and rest.

[Poptart]

Morning everyone,

I spoke with my landlady on Saturday, she says that in 2012 we signed a new lease that prohibited pets unless we paid the deposit, I have asked her for a copy of the lease and will be picking it up tomorrow morning.

I asked her why they never said anything sooner so I could have corrected the situation, if they felt I was in non-compliance with my lease why did they wait three years to try and enforce it? We have a live-in manager in the building, she was aware of the pets as was her supervisor because they have been in my unit at least once a year. I told them that they were negligent for letting the situation go on for so long-especially if they felt I was in default of my lease. I explained that they can't give me a weeks notice to come up with the money and they can't threaten to evict. I also told them I had contacted the city and that an investigation had been opened.

In LA $500 is what a lot of places ask for if you have a pet, what I find unreasonable is my management company showing up out of the blue asking for this money within a week and threatening with eviction unless we comply, I also don't have $2,000 to put towards this when my rent is due this week.

[zibazinski]

I think it depends where you're located too.  I'd hate a midwinter vacancy but in Florida no one wants to move in the summer when it's a gazillion degrees outside and rain comes down in buckets!

[zibazinski]

Mar 30, 2015 11:01:44 GMT -5 Poptart said:

Morning everyone,

I spoke with my landlady on Saturday, she says that in 2012 we signed a new lease that prohibited pets unless we paid the deposit, I have asked her for a copy of the lease and will be picking it up tomorrow morning.

I asked her why they never said anything sooner so I could have corrected the situation, if they felt I was in non-compliance with my lease why did they wait three years to try and enforce it? We have a live-in manager in the building, she was aware of the pets as was her supervisor because they have been in my unit at least once a year. I told them that they were negligent for letting the situation go on for so long-especially if they felt I was in default of my lease. I explained that they can't give me a weeks notice to come up with the money and they can't threaten to evict. I also told them I had contacted the city and that an investigation had been opened.

In LA $500 is what a lot of places ask for if you have a pet, what I find unreasonable is my management company showing up out of the blue asking for this money within a week and threatening with eviction unless we comply, I also don't have $2,000 to put towards this when my rent is due this week.

You have ONE pet and they want 2k? What the hell is it? A panther?

[souldoubt]

Mar 30, 2015 11:04:11 GMT -5 zibazinski said:

Mar 30, 2015 11:01:44 GMT -5 Poptart said:

Morning everyone,

I spoke with my landlady on Saturday, she says that in 2012 we signed a new lease that prohibited pets unless we paid the deposit, I have asked her for a copy of the lease and will be picking it up tomorrow morning.

I asked her why they never said anything sooner so I could have corrected the situation, if they felt I was in non-compliance with my lease why did they wait three years to try and enforce it? We have a live-in manager in the building, she was aware of the pets as was her supervisor because they have been in my unit at least once a year. I told them that they were negligent for letting the situation go on for so long-especially if they felt I was in default of my lease. I explained that they can't give me a weeks notice to come up with the money and they can't threaten to evict. I also told them I had contacted the city and that an investigation had been opened.

In LA $500 is what a lot of places ask for if you have a pet, what I find unreasonable is my management company showing up out of the blue asking for this money within a week and threatening with eviction unless we comply, I also don't have $2,000 to put towards this when my rent is due this week.

You have ONE pet and they want 2k? What the hell is it? A panther?

In the 1st post she mentions 2 dogs they acquired some years back to go with their 2 cats.

[Wisconsin Beth]

Mar 30, 2015 11:01:44 GMT -5 Poptart said:

Morning everyone,

I spoke with my landlady on Saturday, she says that in 2012 we signed a new lease that prohibited pets unless we paid the deposit, I have asked her for a copy of the lease and will be picking it up tomorrow morning.

I asked her why they never said anything sooner so I could have corrected the situation, if they felt I was in non-compliance with my lease why did they wait three years to try and enforce it? We have a live-in manager in the building, she was aware of the pets as was her supervisor because they have been in my unit at least once a year. I told them that they were negligent for letting the situation go on for so long-especially if they felt I was in default of my lease. I explained that they can't give me a weeks notice to come up with the money and they can't threaten to evict. I also told them I had contacted the city and that an investigation had been opened.

In LA $500 is what a lot of places ask for if you have a pet, what I find unreasonable is my management company showing up out of the blue asking for this money within a week and threatening with eviction unless we comply, I also don't have $2,000 to put towards this when my rent is due this week.

What was the response to this?

[zibazinski]

 Oh, 4 animals. Well, I hate to tell you this but I'd pay up and be grateful. Most LL's allow for two. I'd not be renewing a lease or renting to anyone with 4 pets. 

[Poptart]

I never signed a lease, and I'm not the only one with more than one pet, my downstairs neighbor, has four dogs, small ones but still. I was told that it is a new rule that they are enforcing, and that everyone in the building was told of this in new leases in 2012.

[zibazinski]

Well, as soon as they show you the signed lease then it's an issue. Because if you did sign it, you've had 3 years to save 2k or be making payments on it. Have your pets destroyed the apartment? Does the place smell? Is it dirty? My leases that allow pets have the tenant paying for carpet cleaning once a year from MY designated carpet cleaner. 

[souldoubt]

I'm curious to see how this plays out.  If you or someone else signed the lease even though the LL didn't enforce it until now I don't see how that gives you an out because you would be in violation of the lease.  No idea how quick they can force someone out if they're violating a lease and don't make the necessary changes.  Ultimately I think you're either going to have to pay up or move but for all I know your saving grace could be the tenant friendly state of CA.    

[hoops902]

Mar 30, 2015 11:20:12 GMT -5 Poptart said:

I never signed a lease, and I'm not the only one with more than one pet, my downstairs neighbor, has four dogs, small ones but still. I was told that it is a new rule that they are enforcing, and that everyone in the building was told of this in new leases in 2012.

The simple answer to the LL here seems to be "I didn't sign a new lease in 2012, if you have one that shows I did, please show me a copy and i'll get this rectified immediately".  Because if you did sign that lease, then simply having someone else take care of the animals momentarily probably doesn't exucse you from the deposit you were supposed to pay years ago.

[The Walk of the Penguin Mich]

Is there any chance you signed this lease and forgot?  If you are the person that I think you are, you have a couple of younger sisters, one with a fairly serious disease and you were busting your butt to handle everything on your own.

In any case, can you ask them if they'll give you some time to pay the deposit?  Is there any chance you can come up with the $2000 over the next 4 months?  Or will they negotiate with the amount of deposit?

[Poptart]

They came in today-while I was working and said they would like to inspect the unit tomorrow-if there's no pet damage they are willing to negotiate-should I let them in or wait for them to give me a copy of the "lease"?

[Wisconsin Beth]

Did you sign a new lease in 2012 or whenever?  IF you don't remember doing so, then I'd suggest going with them now to see and verify that it's your signature and the date it was signed. 

And what did they say when you asked why they waited 3 yeas pointing out/addressing the pet situation? 

[zibazinski]

Amen

[gooddecisions]

Tough situation. I'm actually surprised your county even allows that many pets in a single resident- much less an apartment complex. My county limits 3 adult pets per resident without a kennel license and most apartment complexes don't allow any. I rent out a unit in an HOA and the HOA has a 2 per household limit. Another one of my units in an HOA only allows 1. If you've been able to keep 4 pets in a rent controlled apartment with no increases and no pet fees for 16 years, that's freakin' amazing!


Good luck to you, if I was a tenant who wanted to keep my rent-controlled unit and haven't had any issues in the past, I too would try to speak as nicely as possible about the situation. Nobody wins if the relationship turns nasty. It sounds like she's willing to compromise.

[Wisconsin Beth]

Mar 30, 2015 14:05:38 GMT -5 @sroo4 said:

Mar 30, 2015 14:02:57 GMT -5 gooddecisions said:

Tough situation. I'm actually surprised your county even allows that many pets in a single resident- much less an apartment complex. My county limits 3 adult pets per resident without a kennel license and most apartment complexes don't allow any. I rent out a unit in an HOA and the HOA has a 2 per household limit. Another one of my units in an HOA only allows 1. If you've been able to keep 4 pets in a rent controlled apartment with no increases and no pet fees for 16 years, that's freakin' amazing!


Good luck to you, if I was a tenant who wanted to keep my rent-controlled unit and haven't had any issues in the past, I too would try to speak as nicely as possible about the situation. Nobody wins if the relationship turns nasty. It sounds like she's willing to compromise.

That's a good point.  I know at 3 cats and dog I'm over my city limit. shhhh... don't tell anyone. 

But you only have 1/2 or less of a dog.  So she doesn't count, right? 

[zibazinski]

We have 3 cats and we own our home. It's a HOA rule. 2 pets, period. 

[dondub]

 Yes, have them bring the (alleged) lease, don't hassle them about not giving written notice to inspect (take the high road), de-petify as much as you can today...vacuum hair, empty cat box etc., and then go

from there.

 If they cannot provide a lease request one be drawn up, with proper notices given for 'new' items, such as pet deposits. This should buy you some time to gather funds or adopt off a pet or two to someone.

 Good luck.

 For many years, 25-30, I would not rent to a tenant with a dog. Market conditions dictated a change to that policy in my suburban building (tenant pool)  and now the urban one too (2008 recession). I

have always been OK with cats as I'm a 'cat person'. NO SNAKES! Don't ask.

 So far, minimal damage. Have non-refundable deposits for carpet cleaning, non-refundable pet on the house I own with a partner. Not sure what the PM companies have for pet deposit refundability. I think they

consider it like the damage deposit. No damage you get it back, but I don't see the contracts they sign up.

[zibazinski]

I rented SFH so I obviously rented to people with kids. I didn't allow dogs until maybe in the last 5 years. The dogs did less damage than some tenants. That being said, ONE dog, period. Someone with four animals definitely needs to cooperate with their LL.

[gooddecisions]

I'd prefer not to rent to dog-owners, but not because of potential damage to the units. I don't want to have to deal with complaints from neighbors or the HOA if they let the dog out and it barks too much, if they don't clean up common areas after walking the dog or if their dog is aggressive with someone. I'd only consider if they paid at least $25/month extra and a pet deposit. I'd have an easier time renting to a cat-owner, but there are also bad cat owners who let their cats out to wonder around and they mess up flower beds or antagonize other pets.

Nobody likes to talk directly to a person anymore, instead they go to the landlord or HOA who goes to the landlord. So, while this tenant may not think anyone has any problems with the 4 pets, maybe there have been complaints that led to the notice.

[Bonny]

I think they are in the process of renovating units. She's in a rent controlled unit and they want it to rent at FMV. Forcing her to give up her pets after so many years will probably force her to move and bring an otherwise under market rental up to FMV and will provide a great return on their investment .

I agree the OP is in a tough spot. Finding a LL who will take 4 animals probably means a SFR and paying market rent.

She needs to dot her "I"s and cross her "T"s with this situation.

FWIW I think management is acting pretty sleezy. As The Walk of the Penguin Mich points out after 3 years they should be negotiating a deposit over a period time. It will be interesting to see if they can provide a copy of the lease.

[gooddecisions]

It still seems a little extreme. If they want them out, just give the 60 days notice. It's been 16 years, seems weird that there would be this much urgency.