Property Management and Investor Information: April 2008

If your resident does not pay rent as agreed you should make contact with them soon after the rent due date. Our due date is normally the 3rd of the month, but an existing lease may be later. If you cannot get a satisfactory answer make arrangements to serve a 3-Day Notice To Pay Rent or Quit (this information applies to California).

Once the three days pass submit the notice along with the existing rental agreement to a local attorney. This will start a process known as an unlawful detainer. It may include a court trial,

but normally does not. The resident may move at any time, you may obtain a court order to move the tenant with the assistance of the local law enforcement,

or you may obtain a stipulated judgment where the resident is ordered to pay back all monies owed, including future rents, or face an eviction without having to get another judgment.

Of course, you can always hire a trusted local property manager to handle these matters.  I would caution you not to use Small Claims Court for evictions.  In California, there is a 30 day appeal period.  Until 30 days passes, you may not enforce the judgment.  Small Claims Court takes too long!!

We complete a written report before we meet with the new resident to sign documents, collect any funds due, and release the keys to them.

                                      

We also take digital photographs of the exterior and interior of the property and keep them in our property file. Both parties will be signing the written report and will receive a copy of it. The new resident will have seven days after taking possession to let us know about any additional items they want listed on the move in condition report.  After seven days we will assume agreement with the report.

After seven days we will assume you agree with the report.  Easy!

 

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They are requirements that all owners of residential rental property must adhere to. They are enforceable by the local city or county building department. Failure to maintain your property to these standards may subject you to fines, lawsuits, or the shutting down of your rental.

In California habitability requirements are spelled out: 

Here is the law: Civil Code §1941.1

A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics: (a) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors. (b) Plumbing or gas facilities which conformed to applicable law in effect at the time of installation, maintained in good working order. (c) A water supply approved under applicable law, which is under the control of the tenant, capable of producing hot and cold running water, or a system which is under the control of the landlord, which produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law. (d) Heating facilities which conformed with applicable law at the time of installation, maintained in good working order. (e) Electrical lighting, with wiring and electrical equipment which conformed with applicable law at the time of installation, maintained in good working order. (f) Building, grounds and appurtenances at the time of the commencement of the lease or rental agreement in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. (g) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter, and being responsible for the clean condition and good repair of such receptacles under his control. (h) Floors, stairways, and railings maintained in good repair.

If your residential rental property is located in the greater Sacramento Region,  from Lincoln to Galt, Cameron Park to Davis, give us a call and we can help make your rental habitable.

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