Nov 05 2008
Legal Questions and Answers by Dennis Block & Associates brought to you by Milan Properties
Question One: I recently purchased a house in a foreclosure proceeding. There are
occupants in the house. What notice is required to force them to vacate?
Answer One: If the previous owner or his family is occupying the house, a "30-Day
Notice To Quit" is required. If the persons who are occupying the house are tenants, the
new law now requires a 60-day notice to vacate the premises.
It should be noted that if this property is subject to rent control, good cause would be
required to terminate the tenancy with regard to a tenant.
Question Two: Last year I rented an apartment to two tenants as roommates. I received a
30-day notice that one of the tenants is vacating the premises. This tenant is demanding
that his portion of the security deposit be returned. Do I have to give back half of the
deposit and will the other tenant be responsible to make up the deposit?
Answer Two: The premises were leased to a "partnership" consisting of two tenants. No
security deposit need be returned until such time as the "partnership" vacates the unit. It
should be further noted that the vacating tenant is still responsible for the rent until the
tenancy is finally terminated. You should inform the vacating tenant to get reimbursed for
his security deposit from the remaining tenant.
Question Three: My property is under rent control. I recently gave my tenant a 3% rent
increase notice. The tenant is refusing to pay this small increase! If I accept the rent
check that the tenant gave me, am I nullifying the rent increase notice?
Answer Three: You can accept the check and it will not invalidate your rent increase
notice. You could then serve a 3-day notice to pay the rent for the balance owed. I
recommend, however, not to accept the rent and to issue a 3-day notice for the entire rent.
Notwithstanding the law, judges are reticent to evict a tenant over a small rental
deficiency.
Question Four: I have a building that is under the Los Angeles rent control. Over 15
years ago, I rented a unit to a married couple. For the last three years, another adult began
to occupy the premises. I never objected to this situation. My manager now informs me
that this original couple vacated the unit three months ago and he has been accepting rent
from this remaining person.
I called Rent Stabilization for the City of Los Angeles. They told me that since I accepted
rent from this tenant, that I have created a tenancy with him and that I cannot increase the
rent to market value. Is there anything I can do to obtain market value rent?
Answer Four: Many times, the advice that Rent Stabilization gives, is just plain wrong. I
find that they act as "tenant advocates" instead of properly administering the law. Under
State law, you would be able to increase the rent to market value. If the increase exceeds
10%, a 60-day notice of increase is required. The State law is designed to prevent new
tenants from establishing rent at the previous rental amount.
Question Five: I own an eight-unit apartment building in Downey. I would like to have
the tenants pay for their own water. Is there any law that would prevent me from doing
this?
Answer Five: There is no law that would prevent you from having your tenants pay for
their own water usage. Lately, owners have begun to install separate water meters. If this
is not possible, you will need to include in the rental agreement a statement that the
residents will be responsible for water usage. You will need to include the exact formula
that you will use to determine how the water bill will be divided between the units.
Question Six: I rented an apartment to a couple. They had a fight and the husband is now
in jail and waiting to go to court. The wife has asked me to do a new lease, without her
husband. Can I do this or do I need to give him a 30-day notice first?
Answer Six: Assuming your tenants are on month-to-month lease, you can serve a 30-
day notice to the husband to vacate. At the same time you can enter into a lease with the
wife, which will take effect in 30 days.
Question Seven: Can I have a "no smoking" policy in my building. With all of the news
these days, I am afraid of being sued for allowing second-hand smoke.
Answer Seven: There is no law that would prevent you from instituting this policy. If you
have a rent controlled building, you could not institute this policy to existing tenants. It
would only be enforceable against new tenancies.
Question Eight: I have a judgment that is about five years old. The judgment was
obtained against one of my former tenants for non-payment of rent, in the sum of $4,200.
I have never attempted to collect and I have no information where this tenant is at this
point. Is it too late to start at this point?
Answer Eight: A judgment is valid for 10 years and can be renewed for an additional 10-
year period. It is never too late to attempt to collect. My firm is associated with several
credit institutions, which allows us to search for employment and even bank accounts.
Most collection firms do not require you to pay any fee to commence collection. There
really is nothing to lose.
On another subject, I would like to thank the AOA members who attended my lecture
"How to Beat Rent Control" The turnout was fantastic and I received much positive
feedback.
Dennis Block, of Dennis P. Block & Associates can be reached for information on
landlord/tenant law or evictions at any of the following offices: Los Angeles:
323.938.2868, Encino: 818.986.3147, Inglewood: 310.673.2996, Long Beach:
310.434.5000, Ventura: 805.653.7264, Pasadena: 626.798.1014 or Orange:
714.634.8232 or by visiting www.evict123.com. Don’t miss his Landlord/Tenant Radio
Show, every Tuesday morning at 9:30 a.m., KTYM 1460 AM.
