Where are my rights as a landlord????

[tinkerbel]

What is the name of your state? California
Without any notice by mail or phone saying something is wrong in the rental home. They ordered repair, 10 month ago.
Never asked for refund until today. They send in the rent check on time but deducted $187.76 included the bill of a plumber of 11-16-2006 which is 10 months ago. What are my recourses can I cash the check, can I go to small claim, can I evict them for late rent since it was not the full amount?????
My property is in rent control and the renters are approx. 85 yrs old, have been renting for approx. 10 years, are harassing me a lot. Reported me to the housing Department for minor repairs without notifying me first. Cost me a lot of money to have inspectors come out. Where are my rights as a landlord? Send them a certified letter stating they will need to notify me first by mail or at least call me. They completely ignore me. then when I tried to call them and ask they scream and yell and hang up on me. Please I am at the end of my rope and losing patience. grrrrrr.What is the name of your state?

 

[ENASNI]

What d

What is the name of your state? California
Without any notice by mail or phone saying something is wrong in the rental home. They ordered repair, 10 month ago.
Never asked for refund until today. They send in the rent check on time but deducted $187.76 included the bill of a plumber of 11-16-2006 which is 10 months ago. What are my recourses can I cash the check, can I go to small claim, can I evict them for late rent since it was not the full amount?????
My property is in rent control and the renters are approx. 85 yrs old, have been renting for approx. 10 years, are harassing me a lot. Reported me to the housing Department for minor repairs without notifying me first. Cost me a lot of money to have inspectors come out. Where are my rights as a landlord? Send them a certified letter stating they will need to notify me first by mail or at least call me. They completely ignore me. then when I tried to call them and ask they scream and yell and hang up on me. Please I am at the end of my rope and losing patience. grrrrrr.What is the name of your state?

What do they yell? I am so curious? Something about the Titanic? About the Holocaust?


Both things are real... people died ya know? More than 6 million in one and more than half the ship manifest in another! When do you count? when does anyone??

Sheeseh I thought landlords were learning. Teaches me.

 

[FarmerJ]

WHO cares if they yell , big deal , reject this persons rent payment and send them a notice that the rent is not paid in full, you dont accept partials and include the CA notice required to pay up or quit. If they wont pay take them to court. NO one can with hold rent with out following a state law if applicable for doing so. Make them prove valid reason to have done so. Ill guess you dont know or never read up your states laws for landlord /tenant , its a 2 way deal.

 

[tinkerbel]

Where are my rights as a landlord

State: California
It is easier said then done. Yes they scream and I ignore it, but the house is in Rent control and I cannot just serve them a notice to pay or quit since they are over 62 and the law states in rent control I have to pay them $19.000 for relocation fees. I wish I could. And yes I do read Landlord and Tenants law and told them and I am going to write to them and sent it certified, because they did not notify me that anything was wrong with the house. I do have a case and have to give them a notice and they have 5 days to come up with the difference then I might be able to serve them a notice to pay or quit or take them to small claims court, but it is a major headache.

 

[FarmerJ]

I do understand RENT control OR not they have to pay the rent as the lease requires and unless the lease gives them permission to order repairs they cannot, RENT control has nothing to do with this issue let them yell and start the proccess for eviction IF they can prove they followed a fix and deduct law they will have to do that OTHER wise its a unauthorised repair wich im sure you just didnt give them consent in lease to do. Relocation funds have to do with when you tell them to leave for a non lease breaking reason on there part. SO far they broke the lease by not paying , GO get it started its your property stand up to the tenant and start the process, If they refuse to pay all the better, you can get the moron thrown out by the courts and sheriffs dept and go in and do the updates you need to get better rent.

 

[Alaska landlord]

Sell the property to someone that knows what they're doing.

 

[tinkerbel]

Where are my rights as a landlord

I am starting the process today and I am sending them a certified letter notice to pay or quit
see what happens. I just hope I dont have to go thru again what I went thru 15 years ago at that time the lady would not move took 6 months to get her out with sheriff and all, then she dissapeared and there was nothing left in the house excepts thrash and holes in the walls. What a mess. she even took every light switch everything screwed in the wall. Sometimes you think you have good tenants and than surprise for the rest I have been very lucky all my other houses are nicely rented and no problems at all. Must be this peticular house a bad luck house lol. I even double screen them before they move in. and to Alaska Landlord selling is not an option to rebuy it is just too expensive here to buy again since I only owe 100 thousand on it with low monthly payments and I am not stupid I know what I am doing and have a real estate license, these renters are just trouble and the city is constantly after me, these renters are just spitefull old men, and to let you know 2 yrs ago I send them a 3 day notice and they won with an attorney and that was also for non payment of $ 125 for a repair bill of window which would not open after I had the whole house painted on the outside. and they never notified me either. that the window would not open. California Rent Control really protects the tenants a lot. The only thing what was kind of solved at that time was that they did not harass me for about half a year every other day. Now it is about once in every three months. I will never buy a house in a Rent Controlled area, this was 2 houses on a lot which I bought in the seventies when there was NO Rent Control in that area.

 

[CA LL]

You don't send a certified "letter" to pay/quit..that is NOT LEGAL SERVICE of a CA pay/quit notice!!!

Eviction for non payment is SIMPLE in CA..even rent control areas.

Let them use their "defense" as an answer to the summons in court.

I'm sure your certified letter will only slow down the process because you will need to start all over again now and DO IT RIGHT. Since you don't seem to know what you are doing..please hire an eviction legal firm to do it all for you..even the notice which in CA must be served in a CERTAIN manner, must contain EXACT certain information, etc.

Wow..I just read more of your latest post..you have a real estate license?? And yet you sent a "certified letter" to pay/quit which is NOT legal service of pay/quit??!!

If the plumbing was a habitability issue...again..let them use the defense in court...but be sure to document that the first you learned of it was XX (date you got the rent shorted) and that supposedly the repair was done several months ago, etc.

THAT BEING SAID..you say the City is after you a lot...I assume L.A. Why anyone would be a LL there with the rent/eviction control is beyond me. Seriously. BUT there are plenty of LL's who successfully evict even in L.A. / other rent/eviction control areas for non payment.

Nothing should be verbal. EVERYTHING should be in writing. It really does worry me that you "send" notices when that is not following just the basic CA law..you will for sure lose any case doing that!

 

[tinkerbel]

Where are my rights as a landlord

This was NOT a 3 day notice,I do know how that one is presented, this was just a certified letter to inform them, that they owed me money for an illigal subtraction of the rent, duh. and another notice for the LAHD that I have notified them that they have to report any other repairs to the LAHD they have in writing so they cannot call LAHD up again and have them come out and charge me $402.00 again which they do 2x a year and this was on the advice of a lawyor and the LAHD. I was also told that the 3 day notice I will lose because of their age. I cannot throw them out and was warned by the Rent control to not to bother to present a notice to pay or quit they would fight it tooth and nail and assigned free legal aid to them. They can present a bill twice a year but it does not state the months. The renter left me a message on my answer machine yesterday that he received a note that there was a certified letter, but did not get the letter which means he did not sign, he also told me on the answer machine he would sue me. I am looking forward to that one. It is a major mess the only hope I really have is that they pass on to another life. Like I said before they are spitefull old men. and yes everything is in writing and save in a hard copy file including pictures of repairs I have done over the years before and after pictures. Like I said I am not stupid like you imply I am I have 4 other rentals and never have this kind of abuse. I am just waiting for a letter which I know is coming from there attorney, just like before and then let him know I am dropping the case let them have their repair bill it is not worth my time and effort but just like before I will let the attorney know that they can no longer abuse me by phone. They got that attorney before because I was trying to evict them at that time and that did not work than either. Thanks for all your advice but sometimes you just have to let old dogs lie and sleep and I hope one day they will sleep forever. I know the saying is not the right one I am translating it from an old saying from Holland and dont know or you have something like that in the U.S. I have been here for 47 years, but certain old sayings you just cannot translate in english, I am sure you know what I mean.

 

[CA LL]

Seriously..you need to take advice from a good eviction attorney NOT the housing dept.

You can evict anyone of ANY age for non payment LOL.

I have been a LL in CA for over 30 years.

Though I would never DREAM of owning in rent/eviction control area.

I emphasize and repeat everything I said above. Seems you don't even want to TRY to evict for non payment. Sure you might lose the case only IF they present a valid answer within the five days. Why don't you have a good fixed fee eviction attorney to use?

As I said above though if the City is after you and you've been written up for all sorts of violations your poor track record may indeed cost you IF THEY WERE TO properly defend the UD action.

The law in CA is very specific on their side and your's. Repair and deduct must follow notification to the LL (in writing preferably) and after reasonable time (30 days for non habitability issues) can the invoke it.

Who / where is YOUR attorney? Who else has told you can't evict due to age..if indeed you are "experienced" as you claim you KNOW that is pure BS.

But go ahead..let the housing authority AND this couple keep walking all over you..and keep on trying to be a LL in good ol' rent/eviction control area. Good luck to you.

Sending a certified letter does NOTHING. They won't sign for it obviously and it's NOT the proper action to try and get your money. It might even be seen as harrassment.

 

[tinkerbel]

Where are my rights as a landlord

I bought the houses together with my mom in 1970 before i ever heard of rent control. Now that my mom passed it is mine. Never knew we had rent control there and yes I have an eviction attorney who advised against it, even went as far as getting a 2nd opinion who also said NO.
The reason I am on the black list with LAHD is because these renters report me each time without notifying me first, about little things like dripping faucets, wood chafings in drawer, bushes growing too fast window painted shut when house got painted on the exterior. What I dont know I cannot fix right. Well wrong they call LAHD not me and there come the inspectors each time cost $202 dollars. for coming out looking and then fixing. Yes they tell me I can throw them out but it will cost me, here is the new law

TENANT RELOCATION BENEFITS
Under the RSO, tenants evicted for “no- fault” reasons (owner or resident
manager occupancy, demolition or removal from the rental market, compliance
with a government order, and action by HUD following a foreclosure) are entitled
to relocation assistance. Tenants evicted to facilitate the conversion of
apartments to condominiums, the demolition of existing housing, or the change
of a mobile home park to a different use are also entitled to relocation assistance
even when the property in question is not subject to the RSO. Effective April 11,
2007, the relocation amounts are as follows:
Type of Tenant Less than 3 years 3 Years or more Less than 80% AMI
Eligible $6,810 $9,040 $9,040
Qualified $14,850 $17,080 $17,080
All of the above applies to my houses.
They have been there 13 years, always pay on time never a day late just their old age is getting too them they are approx 89 years of age, smoke like a chimney and drink like a fish. My next worry is they set the house on fire. Dont you think I have tried to get them out
and I will not sell the houses they are almost paid off and under chapter 13 with very low taxes I would really be stupid then. They have to die sometime. The attorney's say they are not at fault they are old just spiteful. My mom use to give in to them each time I FIGHT BACK and they dont like it. You need to read the new laws evictions are now 60 days and not 30 also the increase in rent has been upped and is now 5% . I do keep up with the new laws, and have been a landlords for 20 years without any problems with any of my tenants, just these creepy old men.

 

[CA LL]

Not sure who you are addressing but...

LOL..I am QUITE aware of the increased mandated L.A. relocation costs for evictions that fall into those categories...successful NON PAYMENT evictions if done right from the start and the LL is NOT guilty of retaliation or unihabitable conditions does NOT mandate any payment as you know. And umm..not sure where you thought I don't know that 60 days applies to those who have lived there over a year but I certainly do LOL. Doesn't matter in your case cuz you have rent controlled property though. Unlike me who in MY area of CA can increase rent any percent/amount I want with 30/60 days notice, use MTM knowing I can change terms any time I want to AND of course the best is terminate any PITA tenant I feel the need to do so.

If EVICTION attorneys told you NOT to evict then you indeed have some serious "issues" against you re: LAHD, etc.

Why don't you SELL all of the L.A. properties and 1031 into something outside of L.A.

 

[CA LL]

Just to remind you..

You asked what your RIGHTS were...

I responded...attempt eviction for non payment but things must be pretty bad if not one but two attorneys advised against it for you. I've rarely seen the top eviction attorneys turn down a case unless the LL is flat out guilty of retaliation or other charges. They get their fee regardless which is fixed so it must be bad for them to turn you away/advise against it.

Your other right is to accept the fact you CHOOSE to continue to own in L.A. and it is what it is and once you are blackballed with LAHD it will likely NEVER change and only continue to get worse.

The good news is since you don't want to use any of those "rights" I guess eventually your tenants will die..and you will finally then get back your property.

The certified letter...I still don't get what the purpose of it was..you said it said to pay or quit...so why not serve a REAL pay or quit at least? Beats me.

 

[tinkerbel]

both attorney said that because of their ages the judge will go in their favor in los angeles they see it all the time and yes they were nice enough to tell me up front in stead of taking my money and lose.

 

[CA LL]

Just curious...were these "attorneys" from the large eviction firms who service L.A.? There are about three or four firms that handle the majority of evictions..was it one of those? Because AGE is and never has been a valid defense against a TRUE AND VALID UD lawsuit. Block? Duringer? Who? Me thinks if it was one of them they saw OTHER reasons why the case would "lose" or they were NOT from the big eviction firms who only charge around $100 for uncontest...couple more hundred if an answer IS filed.

I will add that the more you post..saying how they really have been perfect tenants as far as paying on time, etc..that you have been in a lot of trouble with LAHD, etc...that the tenants may indeed be more "right" than wrong here and perhaps the entire story has not been posted. That's OK though..you have decided to do nothing and just let them keep calling, reporting and deducting things from the rent until the "move on" to their next place "up above" I guess?