Part counselor, part enforcer, sometimes landlords think they’ve
seen it all.
Part counselor, part enforcer, sometimes landlords think they’ve seen it all. They’re a very private group, wary of a media that all too often depicts them as monsters and nefarious slumlords. For a handful, the title is likely deserving, and thus the reason that many of the rental laws we see today are on the books.
But the law works both ways, protecting landlords and their actions in the same way it aides tenants.
“We had this one tenant who decided to repair their Harley Davidson … in the apartment,” said Jeffrey Dennison, senior manager of public affairs for Tri-County Apartment Association and a rental manager himself. “It ruined the carpet with oil all dripped all over, they ran it into a wall somehow, and, of course, he had to test to see that the repairs worked by firing it up.”
And you thought the lady who slammed her door every morning at 4:30 was bad.
When it comes to dealing with problem tenants – those who routinely cause a nuisance, who don’t pay rent or who are involved in crime – landlords have rights, too. Were they not given the option of evicting a problem tenant, other complex residents may move rather than face constant irritation or watch their children be exposed to illegal behaviors such as drug dealing.
Nationally there are more than 21 million apartment units according to the U.S. Census Bureau, and rather than being managed by large-scale companies, nearly two thirds are owned and operated by mom and pop landlords like Dennison. Locals considering private apartment rental should know the facts before jumping into an agreement.
Here are the basics any landlord – or prospective landlord – should be aware of before renting:
Entering the Apartment
Landlords must provide written notice that they will enter an apartment 24 hours before unlocking the front door, but the tenant can waive that right at any time by calling and requesting the manager’s presence to repair something like an overflowing toilet. A landlord may only enter his or her tenant’s apartment at any time if they suspect there is “imminent danger” to the tenant or others in the complex. This is reserved for true emergencies.
Security Deposits
Security deposits are one of the best ways to protect your investment. The deposit is usually one or two times the price of a month’s rent and is meant to cover repairs and cleaning costs that may be unfinished at the time of a tenant’s departure. Due to the fact that many tenants also default on small claims judgments, it may be the only money that a landlord is able to recoup after a nasty eviction or moderate level of damage is done to the place.
Eviction
Drug dealing is a particularly difficult crime to stop in apartment complexes, mostly because of the fact that dealers are capable of hiding their operation by the time police arrive to check out a suspected location. A landlord’s best recourse, in this situation, is to issue a 30-day eviction notice, which can be done for nearly any reason with tenants on a month-to-month rental basis. For lease clients, eviction cannot be granted, in general, unless the terms of the lease have been violated. Be extremely specific in the lease about rent payment, parking terms, house rules and the presence of pets. It may all be useful information in the future.
Small Claims Court
If, after a tenant moves out, a landlord discovers issues with the apartment – holes in the wall or plumbing issues caused by the tenant – he or she can sue for up to $5,000 in damages in small claims court. The processing fee is only $20, and, while evicted tenants often dismiss the court judgment, according to Dennison, it will remain on their financial records.
Should they go to refinance their car or buy a home, they’ll have to settle with their former landlord first in order to have the blot removed from their record.
For more information on landlord rights, visit the California state Web site (www.california.gov), which has an excellent tutorial on the subject. Services like Tri-County provide training, documents and legal services for fees as low as $200 per year. Class topics on landlord rights include deciphering gang tags, what to do if you suspect criminal activity and the best methods for serving notices. For more information, visit their Web site at www.tcaa.org.
