Situation
My Landlord called me up and said he would be over to do an inspection this afternoon. Do I have to let him in?
Response
There are a couple of things to consider. Why is the Landlord coming to do an inspection? Is there a problem that has been reported? Is the city requiring him to do an inspection? Does he just happen to be in town and wants to see the house? Ask what the purpose of the inspection is.
The Landlord has the right to enter your unit to do a lawful inspection under certain circumstances. Those might include: to repair a reported problem, to make a legitimate repair or upgrade to the property, or to do a routine inspection (on a limited basis).
Except for an emergency repair, all of these require that the Landlord give you reasonable notice. This is normally defined as at least 24 hours. This notice can be verbally (not a message on your phone but a real contact with a real person) or a posted note on the entrance to you home. If notice is not given 24 hours in advance, it is OK to tell the Landlord that it is NOT OK to enter and do an inspection.
Inspections should be scheduled during normal working hours of Monday thru Friday from 8-5. You do not have to allow a Landlord to inspect in the evenings or on the weekends. You can agree to this but you do not have to.
I suggest that you work with your Landlord to schedule a time that works for both of you. This is true if a notice is given or not. You don't have to submit to the inspection. You can prohibit the inspection. But you should also know that it is possible that your lease may not be renewed if you decide not to let them do a reasonable inspection.
Wednesday, March 9, 2011
Friday, March 4, 2011
Can I put up a Direct TV dish?
Situation
I want to have Direct TV and it requires a dish be placed on the house.
Response
Before you install this dish you must have permission from your Landlord.
There are different places where these dishes can be placed. Most of the time they will not cause damage to the property but sometimes they will.
There can also be problems with home owners association rules about dishes that might even prohibit them.
If the Landlord refuses to give permission, it would be best to find out why and see if you can resolve those issues. Perhaps you could increase your deposit or pay extra rent.
Don't install the dish until you get permission.
I want to have Direct TV and it requires a dish be placed on the house.
Response
Before you install this dish you must have permission from your Landlord.
There are different places where these dishes can be placed. Most of the time they will not cause damage to the property but sometimes they will.
There can also be problems with home owners association rules about dishes that might even prohibit them.
If the Landlord refuses to give permission, it would be best to find out why and see if you can resolve those issues. Perhaps you could increase your deposit or pay extra rent.
Don't install the dish until you get permission.
Wednesday, March 2, 2011
Why does my rent go up every year?
Situation
My Landlord is raising my rent again. I thought the real estate market was bad and that real estate cost less.
Response
It is true that the real estate sales market is bad. The value of houses has dropped and may continue to drop. If you were wanting to buy a house, that would be good for you. But the real estate sales market is different than the rental market.
Rents go up because the cost to do business goes up. It costs more each year for insurance, maintenance, taxes, real estate taxes and almost everything else connected to owning a home. A real estate investor passes on those costs to the tenant whenever the rental market will bear that increase.
Additionally, with all of the foreclosures that have happened, there are more people who used to be homeowners who are now renters. That increases demand and that increases rental prices.
Because the banks foreclosed on so many properties and have not sold them, there are fewer rental houses available to rent. That decreases the supply of houses to rent and that increases rental prices.
The only good thing for tenants is that unemployment remains high and that is slowing down the ability of landlords to increase prices. Many people are not able to afford higher rents so they are moving back in with Mom and Dad or sharing a rental with friends. That reduces the number of renters and that decreases rental prices.
My Landlord is raising my rent again. I thought the real estate market was bad and that real estate cost less.
Response
It is true that the real estate sales market is bad. The value of houses has dropped and may continue to drop. If you were wanting to buy a house, that would be good for you. But the real estate sales market is different than the rental market.
Rents go up because the cost to do business goes up. It costs more each year for insurance, maintenance, taxes, real estate taxes and almost everything else connected to owning a home. A real estate investor passes on those costs to the tenant whenever the rental market will bear that increase.
Additionally, with all of the foreclosures that have happened, there are more people who used to be homeowners who are now renters. That increases demand and that increases rental prices.
Because the banks foreclosed on so many properties and have not sold them, there are fewer rental houses available to rent. That decreases the supply of houses to rent and that increases rental prices.
The only good thing for tenants is that unemployment remains high and that is slowing down the ability of landlords to increase prices. Many people are not able to afford higher rents so they are moving back in with Mom and Dad or sharing a rental with friends. That reduces the number of renters and that decreases rental prices.
Tuesday, March 1, 2011
I have bugs and the Landlord says it is my responsibility to get rid of them.
Situation
I have roaches and the Landlord won't spray or call a pest control company. He says that I must have brought them in with me. He never had roaches before.
Response
There are requirements that the Landlord must meet in order to comply with the "warranty of habitability" You can go to this website,
http://www.dca.ca.gov/publications/landlordbook/problems.shtml
to read what the Department of Comsumer Affiars says about this warranty of habitability.
The portion of the warranty that covers bugs is this:
"A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following: Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin."
This warranty also states:
Keep in mind that roaches can come from many sources including old shopping bags, old boxes, old clothes and from bugs that cling to clothes. All of these items would have been brought in by a tenant and therefore not a Landlord responsibility.
It is also true that bugs have to have something to eat. If open food containers and food scraps are left on counters and in cupboards, this is encouraging bugs to stay and grow. Again, this is under the control of the tenant and therefore a tenant responsibility.
With this in mind, I would suggest that you work with the Landlord to attack this problem from multiple directions. Make sure the house is clean. Volunteer to work with him to clear out your cupboards and drawers and countertops. Ask him to supply the "roach bombs". You use them along with follow-up sprays for a couple of weeks after the bombing.
If this doesn't work. See if the Landlord will pay for a professional pest control visit with a promise from you to cooperate and keep the unit extra clean from now on. See if that works.
I have roaches and the Landlord won't spray or call a pest control company. He says that I must have brought them in with me. He never had roaches before.
Response
There are requirements that the Landlord must meet in order to comply with the "warranty of habitability" You can go to this website,
http://www.dca.ca.gov/publications/landlordbook/problems.shtml
to read what the Department of Comsumer Affiars says about this warranty of habitability.
The portion of the warranty that covers bugs is this:
"A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following: Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin."
This warranty also states:
- Keep the premises "as clean and sanitary as the condition of the premises permits."
- Dispose of trash and garbage in a clean and sanitary manner.
If the Landlord has provided a unit that is clean upon movein and with no bugs apparent. He feels he has done his duty. If, 6 months later, there are roaches, the Landlord may feel that this is a housekeeping responsibility of the tenant and therefore, the responsibility of the tenant to get rid of the bugs.
Keep in mind that roaches can come from many sources including old shopping bags, old boxes, old clothes and from bugs that cling to clothes. All of these items would have been brought in by a tenant and therefore not a Landlord responsibility.
It is also true that bugs have to have something to eat. If open food containers and food scraps are left on counters and in cupboards, this is encouraging bugs to stay and grow. Again, this is under the control of the tenant and therefore a tenant responsibility.
With this in mind, I would suggest that you work with the Landlord to attack this problem from multiple directions. Make sure the house is clean. Volunteer to work with him to clear out your cupboards and drawers and countertops. Ask him to supply the "roach bombs". You use them along with follow-up sprays for a couple of weeks after the bombing.
If this doesn't work. See if the Landlord will pay for a professional pest control visit with a promise from you to cooperate and keep the unit extra clean from now on. See if that works.
Can I paint my bedroom a different color?
Situation
I want to paint my daughter's bedroom pink. The Landlord says no.
Response
The Landlord has the right to refuse to allow you to paint your daughter's bedroom. If he were to authorize you to do the painting he has in fact, hired you as a painter. This exposes him to several risks.
If you were to be injured, he would be responsible. If you damaged the house, he would be responsible. He does not want that responsiblity.
If you painted the room pink, he would probably have to repaint it for the next tenant. That would cost him money. He doens't want that either.
He probably won't authorize you to paint the room pink.
As a practical matter, if you were to paint the room without permission, the Landlord wouldn't know, would not have "hired" you and would not be responsible. When you move out, if you were to paint the room the original color, the Landlord would be happy that he had a freshly painted room. No harm, no foul.
I want to paint my daughter's bedroom pink. The Landlord says no.
Response
The Landlord has the right to refuse to allow you to paint your daughter's bedroom. If he were to authorize you to do the painting he has in fact, hired you as a painter. This exposes him to several risks.
If you were to be injured, he would be responsible. If you damaged the house, he would be responsible. He does not want that responsiblity.
If you painted the room pink, he would probably have to repaint it for the next tenant. That would cost him money. He doens't want that either.
He probably won't authorize you to paint the room pink.
As a practical matter, if you were to paint the room without permission, the Landlord wouldn't know, would not have "hired" you and would not be responsible. When you move out, if you were to paint the room the original color, the Landlord would be happy that he had a freshly painted room. No harm, no foul.
Monday, February 28, 2011
My Landlord won't put screens on my windows.
Situation
It is getting warmer outside and I want to open my windows to let the air circulate. My Landlord doesn't want to supply them. What should I do?
Response
It is only required that a Landlord supply 1 screened window per room. Anything more than that is a "gift" from your Landlord.
You might let the Landlord know that you will be OK with 1 screen per room but you would really appreciate an extra screen in one or two of your rooms. Or you could offer to pay for the extra ones. Or you could offer to go and have them made at the local hardware store, saving the Landlord time, in exchange for the extra screens.
See what you can negotiate.
It is getting warmer outside and I want to open my windows to let the air circulate. My Landlord doesn't want to supply them. What should I do?
Response
It is only required that a Landlord supply 1 screened window per room. Anything more than that is a "gift" from your Landlord.
You might let the Landlord know that you will be OK with 1 screen per room but you would really appreciate an extra screen in one or two of your rooms. Or you could offer to pay for the extra ones. Or you could offer to go and have them made at the local hardware store, saving the Landlord time, in exchange for the extra screens.
See what you can negotiate.
Wednesday, February 23, 2011
I am short on my rent. How do I work this out with the Landlord?
Situation
You are short on your rent by 50%. You owe $1,200 and you only have $600.
Response
Most Landlords understand that this is a rough economy. Most will be willing to work with you by making an arrangement.
I suggest that you write out a check or a money order for $600 and take it to the Landlord. Explain your situation. Offer to make specific payments on specific dates to catch up. It does little to no good to offer to make payments unless you specify the amount and dates you will make those payments.
Whatever you do, don't over promise and under pay. Make your payment schedule realistic and doable.
If you fall short or late on one of the payments, let the Landlord know before the due date. Adjust the payment schedule with new specific amounts and dates. Keep the Landlord informed.
This isn't to say that you can put off these payments indefinitely or that you can make late payments every month. If you find that you continue to fall behind, you should seriously consider moving to a less expensive place as soon as possible.
If you decide that you should move, contact your Landlord and work out an arrangement. Even if you are on a lease you can make changes as long as your Landlord agrees. You may have to remind the Landlord that allowing you out of your lease early is better than having to evict you.
The most important thing is to communicate with your Landlord. Most are understanding and will work with you.
You are short on your rent by 50%. You owe $1,200 and you only have $600.
Response
Most Landlords understand that this is a rough economy. Most will be willing to work with you by making an arrangement.
I suggest that you write out a check or a money order for $600 and take it to the Landlord. Explain your situation. Offer to make specific payments on specific dates to catch up. It does little to no good to offer to make payments unless you specify the amount and dates you will make those payments.
Whatever you do, don't over promise and under pay. Make your payment schedule realistic and doable.
If you fall short or late on one of the payments, let the Landlord know before the due date. Adjust the payment schedule with new specific amounts and dates. Keep the Landlord informed.
This isn't to say that you can put off these payments indefinitely or that you can make late payments every month. If you find that you continue to fall behind, you should seriously consider moving to a less expensive place as soon as possible.
If you decide that you should move, contact your Landlord and work out an arrangement. Even if you are on a lease you can make changes as long as your Landlord agrees. You may have to remind the Landlord that allowing you out of your lease early is better than having to evict you.
The most important thing is to communicate with your Landlord. Most are understanding and will work with you.
My oven isn't working and it is Thanksgiving Eve
SituationIt was late the night before Thanksgiving and my oven won't work. The landlord doesn't consider this an emergency and tells me I will have to wait until Monday!
Response
Unfortunately, a non-functioning oven is not normally considered an emergency. It is an inconvenience but not life threatening nor will it damage your property. Most appliance repair people do not work on Thanksgiving or the day after. There are no "emergency appliance repair services" like they have for plumbing or heating problems. The parts stores are also closed for the holiday so even if the landlord knew how to make the repair, he will probalby need a part and that won't be available.
Response
Unfortunately, a non-functioning oven is not normally considered an emergency. It is an inconvenience but not life threatening nor will it damage your property. Most appliance repair people do not work on Thanksgiving or the day after. There are no "emergency appliance repair services" like they have for plumbing or heating problems. The parts stores are also closed for the holiday so even if the landlord knew how to make the repair, he will probalby need a part and that won't be available.
Tuesday, February 22, 2011
How can I rent a property when I have a pet?
Situation
I have a medium sized dog and it seems like nobody wants to rent to me.
Response
Having a dog and trying to rent is a challenge. Many Landlords have allowed pets only to have them tear up the property. Or their tenant brought in an unapproved pet and experienced damage. Or they have heard a horror story about pets. It's no wonder that Landlords are skeptical, at best, about pets.
Yet there are many great pet owners that want to rent property. The challenge is to convince the Landlord that you are one of those great pet owners.
Here are a couple of suggestions to help you convince the Landlord:
1. Take pictures of your pet. Get them cleaned up and take some electronic pictures in the dog's home.
2. Take pictures of the screens, door frames, doors and furniture that show no damage.
3. Get a letter from your current, and better yet, your previous Landlord regarding your pet
4. Make copies of the disposition of your security deposit at your last home that shows no deductions for your pet.
5. Check with your insurance agent to see if they provide pet insurance for you as a tenant. If they do, provide that info to your Landlord and advise him that you will purchase the insurance policy.
This is not a guarantee that your new Landlord will allow your pet but it will increase your chances.
You should also expect to pay a higher security deposit.
I have a medium sized dog and it seems like nobody wants to rent to me.
Response
Having a dog and trying to rent is a challenge. Many Landlords have allowed pets only to have them tear up the property. Or their tenant brought in an unapproved pet and experienced damage. Or they have heard a horror story about pets. It's no wonder that Landlords are skeptical, at best, about pets.
Yet there are many great pet owners that want to rent property. The challenge is to convince the Landlord that you are one of those great pet owners.
Here are a couple of suggestions to help you convince the Landlord:
1. Take pictures of your pet. Get them cleaned up and take some electronic pictures in the dog's home.
2. Take pictures of the screens, door frames, doors and furniture that show no damage.
3. Get a letter from your current, and better yet, your previous Landlord regarding your pet
4. Make copies of the disposition of your security deposit at your last home that shows no deductions for your pet.
5. Check with your insurance agent to see if they provide pet insurance for you as a tenant. If they do, provide that info to your Landlord and advise him that you will purchase the insurance policy.
This is not a guarantee that your new Landlord will allow your pet but it will increase your chances.
You should also expect to pay a higher security deposit.
Thursday, January 13, 2011
Is this an Emergency?
Situation
It was late the night before Thanksgiving and my oven won't work. The landlord doesn't consider this an emergency and tells me I will have to wait until Monday!
Response
Unfortunately, a non-functioning oven is not normally considered an emergency. It is an inconvenience but not life threatening nor will it damage your property. Most appliance repair people do not work on Thanksgiving or the day after. There are no "emergency appliance repair services" like they have for plumbing or heating problems. The parts stores are also closed for the holiday so even if the landlord knew how to make the repair, he will probalby need a part and that won't be available.
It was late the night before Thanksgiving and my oven won't work. The landlord doesn't consider this an emergency and tells me I will have to wait until Monday!
Response
Unfortunately, a non-functioning oven is not normally considered an emergency. It is an inconvenience but not life threatening nor will it damage your property. Most appliance repair people do not work on Thanksgiving or the day after. There are no "emergency appliance repair services" like they have for plumbing or heating problems. The parts stores are also closed for the holiday so even if the landlord knew how to make the repair, he will probalby need a part and that won't be available.
Where Did My Security Deposit Go?
Situatution
I haven't received my security deposit back.
Response
The Landord has 21 days to provide you with an accounting of your security deposit. He will most likely send it to the address that you gave when you moved out. If you provided no forwarding address, it will probably be sent to the address where you moved from and then forwarded by the postal service (assuming you forwarded the mail).
The accounting should be detailed with items that might include: cleaning, hauling trash, carpet cleaning and repairs. The itemized costs for these items should be included and not just bunched together.
There might also be unpaid items such as rent, late fees, bounced check fees etc.on the accounting list.
Any balance remaining of the security deposit should be included with the accounting. If you owe more than the amount of the deposit, the Landlord will ask you to send a check.
If you have not received this by the 23rd or 24th day (allowing time for mailing) you should contact the landlord via letter, email or phone call. Inform the landlord that you have not received the accounting of the security deposit. If it is "in the mail" wait another day or two and if you still haven't received it, contact him again.
If the Landlord indicates that the accounting has not been sent, keep notes of the conversation and advise the Landlord that you understand that since the accounting has not been completed in a timely manner, you are going to demand that the entire deposit be refunded to you per California Law and that it is possible that he could owe up to 3 times the amount of the security deposit.
Ask if you can pick up the entire deposit today at his office. If not, it's time to file a small claims court action for the deposit.
I haven't received my security deposit back.
Response
The Landord has 21 days to provide you with an accounting of your security deposit. He will most likely send it to the address that you gave when you moved out. If you provided no forwarding address, it will probably be sent to the address where you moved from and then forwarded by the postal service (assuming you forwarded the mail).
The accounting should be detailed with items that might include: cleaning, hauling trash, carpet cleaning and repairs. The itemized costs for these items should be included and not just bunched together.
There might also be unpaid items such as rent, late fees, bounced check fees etc.on the accounting list.
Any balance remaining of the security deposit should be included with the accounting. If you owe more than the amount of the deposit, the Landlord will ask you to send a check.
If you have not received this by the 23rd or 24th day (allowing time for mailing) you should contact the landlord via letter, email or phone call. Inform the landlord that you have not received the accounting of the security deposit. If it is "in the mail" wait another day or two and if you still haven't received it, contact him again.
If the Landlord indicates that the accounting has not been sent, keep notes of the conversation and advise the Landlord that you understand that since the accounting has not been completed in a timely manner, you are going to demand that the entire deposit be refunded to you per California Law and that it is possible that he could owe up to 3 times the amount of the security deposit.
Ask if you can pick up the entire deposit today at his office. If not, it's time to file a small claims court action for the deposit.
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