Ziegel Group Realty
Sherman Oaks REALTORS® – Property Management – Leasing Services – Real Estate Attorney
28Dec

How to Take Safety Precautions As a Landlord

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How to take safety precautions to protect yourself and your property in case you reach a Landlord – Tenant argument or misunderstanding.

Landlord Safety Precautions

  • Don’t give out your home address.
  • Encourage that your tenants pay via direct deposit or online payment.
  • Use a P.O. Box for tenants to mail rent payments
  • Get a separate secondary phone number for your tenants to call. Magic Jack or Google Voice number are good possibilities. It prevents your tenants from constantly calling your personal number with complaints or threats.
  • An angry tenant might pose a threat to damage your property. always be calm and stay on a professional level.
  • Screen Your Renters. Tenant screening goes beyond reviewing a tenant’s credit report and criminal background Get references to find out if the applicant has a history with aggression. Try to search online for the phone number and call to make sure that the  reference is real.
  • When you own a Property and want to avoid a Landlord / Tenant Relationship, choose a Property Management that will do all the work for you. Our team at the Ziegel Group manages local properties with pride and professionalism.

If you receive threatening messages or phone calls from a tenant, here are some ways to manage it professionally.

What To Do When Your Tenants Threaten You

  • Do not threaten back. Always respond professionally.
  • Call the Police if you feel threatened or in immediate danger. Having records will help you if you need to go to court.
  • Ask a witness to be with you during interactions with your tenants.
  • Tell the tenant that all communication must be done in writing.
  • Save all of the texts, emails, and voicemails. You might need them in court someday.
Remember your tenant may have legitimate claims. Check your state and local laws before you reply to a tenant demand.

 

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15Dec

Top 10 Qualities of The Best Tenant

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A good Property Management  will go to great lengths to find a qualified tenant for their rental property. Qualified tenants are those that have a proven track record of financial responsibility and rule-abiding behavior, indicating their ability to pay rent and not damage the property.

But a good Property Management will strive for more than just a good credit score and clean criminal background in their tenants. Although difficult to screen for, there are certain qualities that can make a renter stand out as the perfect tenant in their eyes.

  1. Pay your rent on time

The Property Management-tenant relationship revolves around regular rent payments in exchange for a place to live, and making on-time rent payments is one of the most important jobs for which a tenant is responsible. Most likely, your property owner depends on the rent to make the mortgage payment on the rental property so paying rent late can be a financial burden for your property owner / investor.

  1. Treat the property like your own.

Taking pride in ownership of your rental property by taking care of it will not only ensure the return of your security deposit but also builds for a great recommendation should you decide to move in the future. Normal wear and tear is expected, but preventing tenant caused property damage is ideal.

  1. Communicate maintenance issues.

Even a small leak can turn into a big expensive problem. A responsible tenant will notify their Property Management when they notice any maintenance issue that requires attention.

  1. Don’t be high maintenance.

While a Management values great communication from their tenant, a renter who constantly complains or requires special attention is a pain. In most cases, you will not be your Property Management’s only tenant and only priority. Try to resolve problems on your own, as long as they follow lease terms, before bothering your Management.

  1. Don’t let someone live with you who isn’t on the lease.

The lease agreement is designed to protect both the landlord and the tenants. It needs to be signed by anyone over 18 living in the rental property. A good tenant will not sneak in secret roommates and should notify their landlord if they plan on adding another person.

  1. Keep the rental clean.

A good tenant will keep the property sanitary as to not invite pest infestation or cause property damage. If the tenant does not keep a clean home, the landlord may deduct the amount paid for extermination or repairs from the tenant’s security deposit per the lease terms.

  1. Renew the lease.

Managing tenant turnover is expensive and time consuming for a Property Management. A great tenant will want to renew their lease agreement and hopefully live at the same rental property for a long time. In a perfect world they would meet every quality of a perfect tenant making the long term tenancy even more ideal.

  1. Keep up with tenant maintenance.

While the majority of maintenance responsibilities fall on the Property Management, tenants may be required to maintain some appliances, manage lawn care, change air filters or replace smoke detector batteries. A great tenant will not only understand and agree to these terms but will actually do it! A tenant’s maintenance responsibilities should be outlined in the rental agreement so they understand their contractual obligation in regards to maintaining the property properly.

  1. Follow lease terms.

A standard lease will prohibit any illegal activity on the property or any behavior that threatens the safety of the community . A good tenant will uphold theses rules as well as other lease terms. Other lease terms that a bad tenant might break typically involve pets or obnoxious parties that disturb other renter’s right to a quiet enjoyment. Beyond failure to pay rent, lease violations like these constitute legitimate grounds for eviction, which is expensive and stressful for all Property owners.

  1. Have renters insurance.

Not only will renters insurance help cover the cost of replacing a tenant’s stolen or damaged personal possessions, it can also cover the cost of damage caused to the property by negligence. A great tenant will have renters insurance so the homeowner isn’t left with a bill due a tenant being unable to cover the cost of damaged to the property or court fees.  The good news is, renters insurance is extremely affordable.

The most important quality of a good tenant is honesty. Honesty is so important, it gets its own section beyond the top ten.

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13Oct

Help Your Tenants to Protect and Keep Your Property in Great Condition

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How to help tenants protect the property?

Most renters move into a new place with the intention of keeping it clean and comfortable. Who’d want to live any other way?

This mentality is a good thing for a landlord; you have a big financial investment at stake and you’re entrusting it to people who are pretty much strangers.

In order to make it easy for your tenants to meet their expectations and protect your property at the same time, you need to treat their move-in the same way you’d approach a transaction with anyone you handed over the keys to any other part of your kingdom. If you lend your car to someone you tell him what kind of gas it takes, who your insurer is, and give him a heads up about the balky CD player. And you certainly wouldn’t leave a dog-sitter or a plant-sitter, much less a babysitter, alone for the first time without a comprehensive list of contact numbers and dos and don’ts.

Along the same lines, here’s a list of items to give your new tenants, as well as some tips on how to make life easier for everyone involved:

Start Them off Right

Begin with finishes and furnishings that are easy to care for. Your tenant shouldn’t have to live in constant fear of ruining something and then being financially responsible for it.

Floor treatments. Light-colored carpet is a magnet for stains. Even the most careful tenants can’t be faulted if someone spills on it, so why set them up for failure? Think over the flooring in the rest of the house too, especially the kitchen.

Countertops. Even though it’s very popular and considered high end, granite and similar natural materials are prone to staining and some need periodic sealing treatments. On the other hand, inexpensive materials often aren’t heat-resistant and inadvertently leaving a hot pan on them briefly can leave burn marks. Every material has its downside, but it benefits you and your tenants to have countertops that are as durable as possible.

Window coverings. Flimsy blinds don’t stand up to long-term use, and aren’t easy to clean. It’s really not fair to tenants to expect them to maintain these in pristine working condition.

Tell Them What to Watch Out For

In some parts of the country, and in some climates, there are natural occurrences that a tenant should be aware of.

At the beach or in areas with high humidity, for example, mold is a problem. Certain insects and pests are common property issues in other places. While rentals in California, like Lewis Apartments, should review basic earthquake safety and how to anchor furniture with their tenants.

If you take steps to protect your property and empower your tenants with knowledge about what to look out for and how to mitigate problems if they arise, it will benefit everyone.

Give Them Instructions

If the surfaces need special care or cautions, be sure to advise your tenants about them. If you’ve had the tub re-glazed, for example, make sure the tenants know not to use abrasive cleaners on it. You could also give them a move-in kit of specific cleaning supplies if they’re required, and let them know where to purchase replacements when they run out.

Help Them Understand the Appliances

Tenants are less likely to have — or cause — problems if they understand how things work. If there’s any special method to using an appliance, explain it. If you have the original appliance manuals, make copies and put them in binders or sturdy plastic envelopes for your tenants. If you don’t have the manuals, go online and find them; almost all manuals are available at the manufacturers’ websites. It’s also a great help when service is required if you take the time to annotate the manuals with the appliances’ model and serial numbers.

A great resource to share with your tenants is the New Tenant Success Tips Guide that details cleaning and maintenance instructions for renters.

Don’t Expect Them to Deal With Quirks

It doesn’t cut it to tell a new tenant that the refrigerator door closes if you kick it twice, that the doorbell shorts out in the rain but it’s fine after you take a hair dryer to it, or that someone can’t flush the toilet if someone else is running the water in the kitchen sink. It’s your responsibility to make sure that everything is in sound working order and doesn’t require idiosyncratic handling.

Make Sure They Know the Routines

Let your tenants know the regular schedules for trash pick-up and any regular services like gardening and pest control. Make sure they know if they’ve got to make special arrangements for anything, like leaving a gate unlocked or a pet kept in.

Give Them Helpful Resources

Of course you give your tenants a number where you can be reached 24/7 in case of emergency. But it’s also a good idea to give them direct utility numbers for water, gas, and power emergencies. As for non-emergency situations, make it easy for tenants to discuss them with  you. A tenant who is reluctant to call you is one who is going to let small problems escalate.

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24Jun

New California Smoke Alarm Law

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New California Smoke Alarm requirement

Landlords are required to install and maintain smoke detectors. it is no longer the tenant that maintains the units.

the California Building Code requires that a smoke detector must be installed in every bedroom, hallway that leads to a bedroom and in every floor including a basement.

Starting July 1st. 2015 the standard “old” type smoke detectors may not be installed or sold in California. Instead, new smoke detectors with a sealed 10 years battery life are replacing the old units.New California Dmoke Detector Law

The new smoke detectors must contain the following:
1. Manufacturing date of the unit
2. Blank space to write the installation date.
3. Have a silent or hush button
4. have a non removable battery that will last ten years.

Low battery chirp causes tenants to remove the 9v battery and then forgetting to replace it. The new alarms has a non removable battery that lasts 10 years.

Any units that are already installed do not have to be replaced but we highly recommend to install the new units to protect life and your property.

When a building permit is issued for dwelling improvement in access of $1000, the “old” type smoke detectors must be replaced with the “new” ones.

Back in 1973 one smoke alarm was installed in a hallway of a new home. 1988 changed the law to one smoke alarm per floor. 1991, an alarm is installed in every sleeping area.

House fire kills about 8 people a day.

Smoke detector laws have caused to a decline of about 50% in house fire deaths.

California State Fire Marshal

 

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15May

Tenants Turnover

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One of the biggest cash flow killers in property management is tenant turnover.

Tenants Turnover

When a tenant moves out of your rental property, not only do you miss out on monthly rental income from the unoccupied unit, but the costs continue to add up when you factor in the additional steps it takes to get your newly vacated unit rented again.
Costs Associated with Tenant Turnover:

Administration Costs – Time is money in most industries, and property management is no exception. When it comes to budgeting tenant turnover, you need to factor in the administrative time it takes to market your newly vacant property, process move-out paperwork, coordinate repairs and cleaning services, screen new applicants and process lease agreements for future tenants.

Marketing Costs – Sometimes a simple online listing is all it takes to get your vacant unit rented fast. But in a slower market, advertising your property can involve signs, flyers, or print ads, all of which will contribute to your bottom line.

Showing Costs – For serious prospects that want to visit your listed property, you will need to schedule time out of your day to present the vacant unit in person. If you live far away from your rental property, showing your unit in person can get expensive when you factor in traveling expenses.

Application Processing – Property managers and landlords should always approve rental applicants after reviewing tenant screening reports to discover an applicant’s financial responsibility, job stability, law abiding behavior and rental history. Credit, criminal, and eviction reports all cost money, which can be deferred to the applicant, but they involve time to review in order to make the best approval decision.

Cleaning Costs – Despite your tenants’ best efforts, they might not be able to get your property back to the level of cleanliness you require for the next tenant. Even if you use their security deposit to cover the cost of cleaning and repairs, there might be extra expenses that go beyond the deposit that will come out of your pocket. If the vacating tenant has lived in the property long enough, some of restoration expenses will not be covered by the security deposit at all.

Repair Costs – Once a tenant vacates the home, you have the opportunity to conduct a thorough inspection which may reveal some home maintenance repairs that must be handled before the next tenant moves in. Not only will repairs cost you money, but the longer it takes to get the property market ready, the longer you will be without rental income.

Lost Income – Without steady income coming in from regular rental payments, you will notice a hit to your bank account, that will continue to add up the longer your property sits vacant. This is will be especially noticeable if you are relying on rental income to cover a mortgage payment on the property.

Save Money During Tenant Turnover
Although tenant turnover is unavoidable in this industry, there are some steps you can take to manage the transition and keep costs at a minimum.

Start marketing the vacant property early – As soon as your current tenant gives notice about their intent to move, start looking for a new tenant. In a perfect world, you will have a new tenant ready to move in as soon as the current one moves out.

Minimize in-person showings – Only show the property to serious applicants, and try to get some initial screening questions out of the way in a phone interview, by asking some qualifying questions about income and job stability. You can also host an open house to show the property to multiple prospects at once.

Do a move-out inspection prior to your tenant vacating the unit. Set up a time to do a walk-through with your tenant so you can point out areas that need to be cleaned or fixed by your tenant. This step will help your tenants take an active approach to getting the property back to the condition it was when they moved in. You can also take this time to make a note of what additional maintenance you will need to do once the unit is vacant.

Reduce Tenant Turnover – The simple solution for avoiding tenant turnover is prevention. While you won’t be able to stop a tenant from moving out of town for a new job or to be closer to family, preventing local moves is the best way to keep vacancies at a minimum. Maintain a positive landlord-tenant relationship with good communication and timely response to tenant requests. Keep your rent priced at a fair market value and keep up on maintenance and property features.
Best case scenario, you will find a long-term, reliable tenant who pays rent on time and takes care of the property, with no intention of moving. But if one of your tenants does decide to move out, understanding the true cost of tenant turnover will help you budget your expenses and manage the process more efficiently.

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15Feb

Should I hire a Property Management Company?

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Should I hire a property management company?

Some landlords manage properties on their own or with the help of an employee, such as a resident manager. But sometimes landlords need more help or are not interested in nor have the time to deal with the day-to-day issues that arise when leasing real property. That is when a property management company is needed and can be of service.

Property management companies can be a huge asset to your business and even save you money in the long run.

What Does a Property Management Company Do?

At the Ziegel Group our property management company deals directly with prospects and tenants, saving you time and worry over locating, screening, and interviewing prospective tenants, marketing and leasing your rentals, collecting rent, handling  maintenance and repair issues at our discounted rates, responding to tenant complaints, and when necessary, even pursuing evictions. Plus, a good management company brings its know-how and experience to your property, giving you the peace of mind that comes with knowing your investment is in good hands. Finally, the Ziegel Group is an independent contractor, so you avoid the hassles of being an employer.

When Should You Hire a Property Management Company?

Hiring a property management company has its disadvantages and advantages.

Consider the following factors to determine if hiring the Ziegel Group as your property management company would be a good decision for your investment or business.

You should consider hiring a property management company if:

You have little experience in maintaining a house for others. We know to cost of repair and maintenance and use our own in-house staff or contractors at a discounted rate.

You have lots of properties or rental units. The more rental properties you own and the more units they contain, the more you’re likely not to have the time to deal with the day-to-day management of dealing with tenants and thus the more likely you are to benefit from a management company.

You don’t live near your rental property. If your rental property is located far from where you live, hiring a property management company can be invaluable in dealing with the many issues that you will not be able to handle from afar.

You’re not interested in hands-on management. Many landlords look forward to the challenge of finding good tenants and the rewards of maintaining a safe and attractive property on their own. But if you view rental property ownership strictly as an investment and want little or nothing to do with the day-to-day management of your properties, consider hiring the Ziegel Group to manage your property.

Your time is limited. Even if you enjoy hands-on management, you may not have much time to devote to your business, especially if isn’t not your day job. And if you prefer to spend your time growing your business, including searching for new properties, arranging financing for renovations, or changing your business structure, then a management company may be a good way to spend your money.

You don’t want to be an employer. If you hire a resident manager or other employees to help with your property, you become an employer. You’ll have to handle payroll and deal with a host of other legal requirements and considerations. But, because a property management company isn’t your employee (it’s an independent contractor), and neither are the people who work for the company, by using one you avoid the hassles of being an employer.

Your property is part of an affordable housing program. If you participate in an affordable housing program, things can get complicated. Usually, in these programs the landlord receives financial assistance, which may be in the form of a grant, low-interest loan, or tax credits, in return for agreeing to rent at least part of the property to tenants earning below a certain income level. In order to continue receiving the assistance, the landlord must comply with a complicated set of rules. With so much at stake, it’s often worth hiring a property management company that has expertise and experience with the particular housing program in question.

The Ziegel Group. We are here to serve you and would be pleased to have a consultation with you to determine whether we can serve you as your Property Management Company. Call us today to set up an in person, video, or telephonic appointment.

 

 

 

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27Jan

How To Add Value To My Home

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Adding Value to your Home

Are you thinking about making some home improvements, but want to make sure they’re renovations that will actually pay you back in the long run?

Good news: From a complete kitchen renovation to small do-it-yourself projects like repainting light fixtures, there are a variety of cost-effective projects that could help your home have more curb appeal.

If you’re considering making some home improvements, check our list of smart and worthwhile projects.

Project #1: Upgrade Your Bathroom

Do you want to upgrade or remodel your bathroom, but concerned about spending too much money? Fret not. Remodeling your bathroom is one of the most profitable home improvement projects, says Marie Leonard, home improvement expert and author of Marie’s Home Improvement Guide.

“As far as getting a return on your investment, the best money is in upgrading or remodeling your bathroom or kitchen,” says Leonard. “All the realtors will tell people that you have the greatest chance of getting your money back on those two.”

And as far as bathroom improvement projects go, Leonard says you have the option of going big and doing a total renovation (replacing toilet, tub, vanity, floor, etc.), or you could do a simple upgrade, which is much less expensive.

For example, “some people will just replace the toilet and vanity, because tubs are so expensive,” says Leonard. In other cases, “they might put down a vinyl floor or new tile floor and then replace the fixtures, like the faucet and the towel bars. It’s much less expensive [than a total bathroom renovation], but still adds value to your home.”

Project #2: Upgrade Your Kitchen

As Leonard mentioned earlier, upgrading your kitchen is another smart renovation worth investing in.

And Lipford offers a similar view, noting that a kitchen remodel is a smart, worthwhile project that could help increase the value of your home.

“The value of a home is driven by the ‘salability’ of said home,” says Lipford. “A house with an out-of-date or obsolete kitchen is very hard to sell, so a price compromise usually takes place.”

But what if a complete kitchen remodel is not in your budget? Not to worry. Leonard explains how you can make small, yet smart, upgrades:

“You can get new countertops; you can repaint your cupboard doors; you can get new handles; you can update your appliances,” she says. “There are different levels of things people can do, depending on their budget.”

Project #3: Refinishing or Repainting Your Front Door

On first thought, the condition of your front door may not seem like a significant factor in the overall value of your home. But according to experts, you may want to reconsider that thought.

Here’s why: The front door is a very important part of a home’s curb appeal and contributes greatly to the home’s overall value, says Lipford.

“It’s usually the first opportunity to influence a guest to your home, or a potential buyer of your home, because they’re going to see that from the road,” explains Lipford. “It’s the nose on the face of the house, and it’s important to showcase it in the best light that you possibly can.”

Luckily, Lipford says that refinishing or repainting your front door is one of the least expensive home improvement projects, and it’s one you can do yourself – if you’re up for the challenge.

“This is a very do-it-yourself friendly project,” says Lipford. “But if the homeowner is not comfortable tackling this, it is still a very good return on investment, even if you choose to hire a contractor to do the work.”

 

 

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14Jan

Occupants Not Named In Eviction Lawsuit Or Writ Of Possession

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OCCUPANTS NOT NAMED IN EVICTION LAWSUIT

People who are not named as tenants in the rental agreement or lease sometimes move into a rental unit before the landlord files the unlawful detainer (eviction) lawsuit. The landlord may not know that these people (called “occupants”) are living in the rental unit, and therefore may not name them as defendants in the summons and complaint. As a result, these occupants are not named in the writ of possession if the landlord wins the unlawful detainer action. A sheriff enforcing the writ of possession cannot lawfully evict an occupant whose name does not appear on the writ of possession and who claims to have lived in the unit since before the unlawful detainer lawsuit was filed. (See “Writ of possession.”)

The landlord can take steps to avoid this result. The landlord can instruct the process server who serves the summons and complaint on the named defendants to ask whether there are other occupants living in the unit who have not been named as defendants. If there are, the person serving the summons and complaint can serve each of the so-called “unnamed occupants” with a blank Prejudgment Claim of Right to Possession form and an extra copy of the summons and complaint 349

These occupants then have 10 days from the date they are served to file a Prejudgment Claim of Right to Possession form with the Clerk of Court, and to pay the clerk the required filing fee (or file an “Application for Waiver of Court Fees and Costs” if they are unable to pay the filing fee (see The Eviction Process)). Any unnamed occupant who does not file a Prejudgment Claim of Right to Possession form with the Clerk of Court (along with the filing fee or a request for waiver of the fee) can then be evicted.

An unnamed occupant who files a Prejudgment Claim of Right to Possession form automatically becomes a defendant in the unlawful detainer lawsuit, and must file an answer to the complaint within five days after filing the form. The court then rules on the occupant’s defense to the eviction along with the defenses of the other defendants.350 If the landlord wins, the occupant cannot delay the eviction, whether or not the occupant is named in the writ of possession issued by the court.351

Occupants not named in writ of possession

The landlord sometimes does not serve a Prejudgment Claim of Right to Possession form on the unnamed occupants when the unlawful detainer complaint is served. When the sheriff arrives to enforce the writ of possession (that is, to evict the tenants [see “Writ of possession,”]), an occupant whose name does not appear on the writ of possession, and who claims a right of possession, may fill out a Claim of Right to Possession form and give it to the sheriff. The sheriff must then stop the eviction of that occupant, and must give the occupant a copy of the completed form or a receipt for it.352

Within two business days after completing the form and giving it to the sheriff, the occupant must deliver to the Clerk of Court the court’s filing fee (or file an Application for Waiver of Court Fees and Costs if the occupant is unable to pay the filing fee (see The Eviction Process)). The occupant also should deliver to the court an amount equal to 15 days’ rent for the rental unit (the writ of possession must state the daily rental value of the rental unit).

Five to 15 days after the occupant has paid the filing fee (or has filed a request for waiver of the fee), and has deposited an amount equal to 15 days’ rent, the court will hold a hearing. If the occupant does not deposit the 15 days’ rent, the court will hold the hearing within five days.

At the hearing, the court will decide whether or not the occupant has a valid claim to possession. If the court decides that the occupant’s claim to possession is valid, the amount of rent deposited will be returned to the occupant. The court will then order further proceedings, as appropriate to the case (for example, the occupant may be given five days to answer the landlord’s complaint).

If the court finds that the occupant’s claim to possession is not valid, an amount equal to the daily rent for each day the eviction was delayed will be subtracted from the rent that is returned to the occupant, and the sheriff or marshal will continue with the eviction.

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14Jan

Resolving Landlord – Tenant Problems

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How to resolve Landlord – Tenant Problems?

Resolving Tenant-landlord Problems

TALK WITH YOUR LANDLORD

Communication is the key to avoiding and  resolving landlord tenant problems. If you have a problem with your rental unit, it’s usually best to talk with your landlord before taking other action. Your landlord may be willing to correct the problem or to work out a solution. By the same token, the landlord (or the landlord’s agent or manager) should discuss problems with the tenant before taking formal action. The tenant may be willing to correct the problem once he or she understands the landlord’s concerns. Both parties should bear in mind that each has the duty to deal with the other fairly and in good faith (see Landlord’s and tenant’s duty of good faith and fair dealing).

If discussing the problem with the landlord doesn’t solve it, and if the problem is the landlord’s responsibility (see Dealing with Problems), you should write a letter or send an e-mail to the landlord. The letter or e-mail should describe the problem, its effect on you, how long the problem has existed, what you may have done to remedy the problem or limit its effect, and what you would like the landlord to do. You should keep a copy of this letter or e-mail.

If you have been dealing with an agent of the landlord, such as a property manager, you may want to directly contact the owner of the rental unit. The name, address and telephone number of the owner and the property manager, or the person who is authorized to receive legal notices for the owner, must be written in your rental agreement (or lease) or posted conspicuously in the building.345 You can also contact your County Assessor’s Office for this information.

If you don’t hear from the landlord after you send the letter or e-mail, or if the landlord disagrees with your complaint, you may need to use one of the tenant remedies that are discussed in this booklet (such as the repair and deduct remedy, see Having Repairs Made), or obtain legal assistance. The length of time that you should wait for the landlord to act depends on the seriousness of the problem. Normally, 30 days is considered appropriate unless the problem is extremely serious.

REMEMBER: The landlord and the tenant discussing problems with each other can prevent little problems from becoming big ones. Trying to work out problems benefits everybody. Sometimes, it’s helpful to involve someone else, such as a mutual friend or a trained arbitrator or mediator (see below). If the problem truly cannot be resolved by discussion, negotiation, and acceptable compromise, then each party can look to the remedies provided by the law.

GETTING HELP FROM A THIRD PARTY – The Ziegel Group

Many resources are available to help tenants and landlords resolve problems. Check which of the following agencies are available in your area, review their Web sites to determine if they can offer you assistance, or call or write them for information or assistance:

  • Local consumer protection agency. See the City and County Government listings in the white pages of the phone book.
  • Local housing agency. See the City and County Government listings in the white pages of the phone book.
  • Local district attorney’s office. See the County Government listings in the white pages of the phone book.
  • City or county rent control board. See the City and County Government listings in the white pages of the phone book.
  • Local tenant association, or rental housing or apartment association. Check the white (business) and Yellow Pages in the phone book.
  • Local tenant information and assistance resources. See Appendix 4.
  • Local dispute resolution program. For a list go online to www.dca.ca.gov/consumer/mediation_programs.shtml.

You may also obtain information from the California Department of Consumer Affairs’ Consumer Information Center at (800) 952-5210 or (916) 445-1254. For TDD, call (800) 326-2297 or (916) 322-1700. You can also visit the Department of Consumer Affairs’ Web site.

Many county bar associations offer lawyer referral services and volunteer attorney programs which can help a tenant locate a low-fee or free attorney. Legal aid organizations may provide eviction defense service to low-income tenants. Some law schools offer free advice and assistance through landlord-tenant clinics.

Tenants should be cautious about using so-called eviction defense clinics or bankruptcy clinics. While some of these clinics may be legitimate and provide good service, others are not legitimate. Some of these clinics may use high-pressure sales tactics, make false promises, obtain your signature on blank forms, take your money, and then do nothing.

These clinics may promise to get a federal stay (also called an automatic stay)of an eviction action. This usually means that the clinic intends to file a bankruptcy petition for the tenant. (See “The Eviction Process, A word about bankruptcy“.) While this may stop the eviction temporarily, it can have an extremely bad effect on the tenant’s future ability to rent property or to obtain credit, since the bankruptcy will be part of the tenant’s credit record for as long as 10 years.

Unlawful detainer assistants (UDAs) are non-lawyers who are in business to provide advice and assistance to landlords and tenants on unlawful detainer issues. UDAs must be registered with the County Clerk’s office in the counties where they have their principal place of business and where they do business.346 A tenant who signs a contract with a UDA can cancel the contract within 24 hours after signing it.347

Legal document assistants (LDAs) are non-lawyers who type and file legal documents as directed by people who are representing themselves in legal matters. Similar registration and contract cancellation requirements apply to legal document assistants.348

The fact that a UDA or an LDA is properly registered with the County Clerk does not guarantee that the UDA or LDA has the knowledge or ability to help you.

ARBITRATION AND MEDIATION

Some local housing agencies refer landlord-tenant disputes to a local dispute resolution center or mediation service. The goal of these services is to resolve disputes without the burden and expense of going to court.

Mediation involves assistance from an impartial third person, called a mediator, who helps the tenant and landlord reach a voluntary agreement on how to settle the dispute. The mediator normally does not make a binding decision in the case.

Arbitration involves referral of the dispute to an impartial third person, called an arbitrator, who decides the case. If the landlord and tenant agree to submit their dispute to arbitration, they will be bound by the decision of the arbitrator, unless they agree to nonbinding arbitration. landlord tenant problems

Tenants and landlords should always consider resolving their disputes by mediation or arbitration instead of a lawsuit. Mediation is almost always faster, cheaper, and less stressful than going to court. While arbitration is more formal than mediation, arbitration can be faster, and is usually less stressful and burdensome, than a court action.

Mediation services are listed in the yellow pages of the telephone book under Mediation Services. To obtain a county-by-county listing of dispute resolution services, go online to www.dca.ca.gov/consumer/mediation_programs.shtml.

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14Jan

The Eviction Process

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(Unlawful Detainer Lawsuit)

Overview of the eviction process

If the tenant doesn’t voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.

In an eviction lawsuit, the landlord is called the “plaintiff” and the tenant is called the “defendant.”

Recent laws designed to abate drug dealing 295 and unlawful use, manufacture, or possession of weapons and ammunition,296 permit a city attorney or prosecutor in selected jurisdictions 297 to file an unlawful detainer action against a tenant based on an arrest report (or other action or report by law enforcement or regulatory agencies) if the landlord fails to evict the tenant after 30 days notice from the city. The tenant must be notified of the nature of the action and possible defenses.

An unlawful detainer lawsuit is a “summary” court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord’s summons and complaint.298 Normally, a judge will hear and decide the case within 20 days after the tenant or the landlord files a request to set the case for trial.299

The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant’s belongings in order to carry out the eviction. The landlord must use the court procedures.

If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant’s damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.300

In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant’s filing fees). The landlord also may have to pay the tenant’s attorney’s fees, if the rental agreement contains an attorney’s fee clause and if the tenant was represented by an attorney.301

If the court decides in favor of the landlord, the court will issue a writ of possession.302 The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant’s belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.

The court also may award the landlord any unpaid rent if the eviction is based on the tenant’s failure to pay rent. The court also may award the landlord damages, court costs, and attorney’s fees (if the rental agreement or lease contains an attorney’s fee clause and if the landlord was represented by an attorney). If the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty.303 The judgment against the tenant will be reported on the tenant’s credit report for seven years.304

How to respond to an unlawful detainer lawsuit

If you are served with an unlawful detainer complaint, you should get legal advice or assistance immediately. Tenant organizations, tenant-landlord programs, housing clinics, legal aid organizations, or private attorneys can provide you with advice, and assistance if you need it. (See “Getting Help From a Third Party “)

You usually have only five days to respond in writing to the landlord’s complaint. You must respond during this time by filing the correct legal document with the Clerk of Court in which the lawsuit was filed. If the fifth day falls on a weekend or holiday, you can file your written response on the following Monday or nonholiday.305 Typically, a tenant responds to a landlord’s complaint by filing a written “answer.” (You can get a copy of a form to use for filing an answer from the Clerk of Court’s office or online at www.courts.ca.gov/documents/ud105.pdf.

You may have a legal defense to the landlord’s complaint. If so, you must state the defense in a written answer and file your written answer with the Clerk of Court by the end of the fifth day. Otherwise, you will lose any defenses that you may have. Some typical defenses that a tenant might have are listed here as examples:

  • The landlord’s three-day notice requested more rent than was actually due.
  • The rental unit violated the implied warranty of habitability.
  • The landlord filed the eviction action in retaliation for the tenant exercising a tenant right or because the tenant complained to the building inspector about the condition of the rental unit.

Depending on the facts of your case, there are other legal responses to the landlord’s complaint that you might file instead of an answer. For example, if you believe that your landlord did not properly serve the summons and the complaint, you might file a Motion to Quash Service of Summons. If you believe that the complaint has some technical defect or does not properly allege the landlord’s right to evict you, you might file a Demurrer. It is important that you obtain advice from a lawyer before you attempt to use these procedures.

If you don’t file a written response to the landlord’s complaint by the end of the fifth day, the court will enter a default judgment in favor of the landlord. A default judgment allows the landlord to obtain a writ of possession (see Writ of Possession), and may also award the landlord unpaid rent, damages and court costs.

The Clerk of Court will ask you to pay a filing fee when you file your written response. The filing fee typically is about $180. However, if you can’t afford to pay the filing fee, you can request that the Clerk allow you to file your response without paying the fee (that is, you can request a waiver of the fee). An application form for a fee waiver, called an “Application for Waiver of Court Fees and Costs,”can be obtained from the Clerk of Court or online at http://www.courts.ca.gov/documents/fw001.pdf.306

After you have filed your written answer to the landlord’s complaint, the Clerk of Court will mail to both you and the landlord a notice of the time and place of the trial. If you don’t appear in court, a default judgment will be entered against you.

Special Rules for Tenants in the Military: A servicemember may be entitled to a stay (delay) of an eviction action for 90 days. This rule applies to the servicemember and his or her dependents (such as a spouse or child) in a residential rental unit with rent of $2,400 per month or less, as adjusted by the housing price inflation adjustment. The servicemember’s ability to pay rent must be materially affected by military service. The judge may order the stay on his or her own motion or upon request by the servicemember or a representative. The judge can adjust the length and terms of the delay as equity (fairness) requires.307 Landlords that violate the court-ordered eviction process in regards to a servicemember may face a fine and/or imprisonment for up to one year.307.1

Eviction of “unnamed occupants”

Sometimes, people who are not parties to the rental agreement or lease move into the rental unit with the tenant or after the tenant leaves, but before the unlawful detainer lawsuit is filed. When a landlord thinks that these “occupants” might claim a legal right to possess the rental unit, the landlord may seek to include them as defendants in the eviction action, even if the landlord doesn’t know who they are. In this case, the landlord will tell the process server to serve the occupants with a Prejudgment Claim of Right to Possession form at the same time that the eviction summons and complaint are served on the tenants who are named defendants.308 See additional discussion of “unnamed occupants” and Claim of Right to Possession forms.

Discovery in Unlawful Detainer Cases

Each of the four available discovery procedures requires a minimum of five days’ notice to the landlord before the landlord is required to respond.309 Available discovery procedures in unlawful detainer actions include oral depositions,310 written interrogatories,311 inspection, copying, testing, or sampling of the landlord’s records, things, electronically stored information and places,312 and requests for admissions.313 Under these rules, the landlord must comply with your request for discovery within five days.314 All discovery must be completed on or before the fifth day before the date set for trial.315

  • If you intend to defend your case, and intend to use the discovery process as a tool, you must follow strict timelines applicable to evictions in California.
  • The discovery process works in five-day increments. Once you have been served, you may begin your discovery by mailing any discovery requests. You must allow five days for your request to be received by the landlord. The landlord then has five days to respond to your request. All of the discovery must be completed at least five days before the date of the trial.316

 

Before the court hearing

Before appearing in court, you must carefully prepare your case, just as an attorney would. Among other things, you should:

  • Be mindful that when you have been served with the summons and complaint, you have five days in which to file an answer. You should carefully read the summons, which will have very specific information on how to answer the complaint and the strict timelines. (Please refer to “How to respond to an unlawful detainer lawsuit“.).
  • Talk with a housing clinic, tenant organization, attorney, or legal aid organization. This will help you understand the legal issues in your case and the evidence that you will need.
  • Request discovery of the evidence that may be helpful to your case or to preparing a defense. (See “Discovery in Unlawful Detainer Cases“.)
  • Decide how you will present the facts that support your side of the case – whether by witnesses, letters, other documents, photographs or video, or other evidence.
  • Have at least five copies of all documents that you intend to use as evidence—an original for the judge, a copy for the court clerk, a copy for the opposing party, a copy for yourself, and copies for your witnesses.
  • Ask witnesses who will help your case to testify at the trial. You can subpoena a witness who will not testify voluntarily. A subpoena is an order from the court for a witness to appear. The subpoena must be served on (handed to) the witness, and can be served by anyone but you who is over the age of 18. You can obtain a subpoena from the Clerk of Court. You must pay witness fees at the time the subpoena is served on the witness, if the witness requests them.

The parties to an unlawful detainer lawsuit have the right to a jury trial, and either party can request one.317 After you have filed your answer to the landlord’s complaint, usually the landlord will file a document called a Memorandum to Set Case for Trial (officially called a “Request/Counter-Request to Set Case for Trial” form (Judicial Council Form UD-150).)318 This document will indicate whether the plaintiff (landlord) has requested a jury trial. If not, and if you are not represented by a lawyer, tenant advisers usually recommend that you not request a jury trial.

There are several good reasons for this recommendation: first, presenting a case to a jury is more complex than presenting a case to a judge, and a nonlawyer representing himself or herself may find it very difficult; second, the party requesting a jury trial will be responsible for depositing the initial cost of jury fees with the court; and third, the losing party will have to pay all of the jury costs.319

After the court’s decision

If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay the tenant’s court costs (for example, filing fees) and the tenant’s attorney’s fees. However, the tenant will have to pay any rent that the court orders.

If the landlord wins, the tenant will have to move. In addition, the court may order the tenant to pay the landlord’s court costs and attorney’s fees, and any proven damages, such as overdue rent or the cost of repairs if the tenant damaged the premises.

It is possible, but rare, for a losing tenant to convince the court to allow the tenant to remain in the rental unit. This is called relief from forfeiture of the tenancy. The tenant must convince the court of two things in order to obtain relief from forfeiture: that the eviction would cause the tenant severe hardship, and that the tenant is able to pay all of the rent that is due or that the tenant will fully comply with the lease or rental agreement.320

A tenant can obtain relief from forfeiture of a lease or a rental agreement, even if the tenancy has terminated (ended), so long as possession of the unit has not been turned over to the landlord. A tenant seeking relief from forfeiture (or the tenant’s attorney) must apply for relief at any time prior to restoration of the premises to the landlord, but such a petition should be made as soon as possible after the court issues its judgment in the unlawful detainer lawsuit.321

A tenant who loses an unlawful detainer lawsuit may appeal the judgment if the tenant believes that the judge mistakenly decided a legal issue in the case. However, the tenant will have to move before the appeal is heard, unless the tenant obtains a stay of enforcement of the judgment or relief from forfeiture (described immediately above). The court will not grant the tenant’s request for a stay of enforcement unless the court finds that the tenant or the tenant’s family will suffer extreme hardship, and that the landlord will not suffer irreparable harm. If the court grants the request for a stay of enforcement, it will order the tenant to make rent payments to the court in the amount ordered by the court and may impose additional conditions.322

A landlord who loses an unlawful detainer lawsuit also may appeal the judgment.

Writ of possession

If a judgment is entered against you and becomes final (for example, if you do not appeal or if you lose on appeal), and you do not move out, the court will issue a writ of possession to the landlord.323 The landlord can deliver this legal document to the sheriff, who will then forcibly evict you from the rental unit if you don’t leave promptly.

Before evicting you, the sheriff will serve you with a copy of the writ of possession.324 The writ of possession instructs you that you must move out by the end of the fifth day after the writ is served on you, and that if you do not move out, the sheriff will remove you from the rental unit and place the landlord in possession of it.325 The cost of serving the writ of possession will be added to the other costs of the suit that the landlord will collect from you.

After you are served with the writ of possession, you have five days to move. If you have not moved by the end of the fifth day, the sheriff will return and physically remove you.326 If your belongings are still in the rental unit, the sheriff may either remove them or have them stored by the landlord, who can charge you reasonable storage fees. If you do not reclaim these belongings within 18 days, the landlord can mail you a notice to pick them up, and then can either sell them at auction or keep them (if their value is less than $300).327 If the sheriff forcibly evicts you, the sheriff’s cost will also be added to the judgment, which the landlord can collect from you.

Setting aside a default judgment

If the tenant does not file a written response to the landlord’s complaint, the landlord can ask the court to enter a default judgment against the tenant. The tenant then will receive a notice of judgment, and a writ of possession as described above.

There are many reasons why a tenant might not respond to the landlord’s complaint. For example, the tenant may have received the summons and complaint, but was not able to respond because the tenant was ill or incapacitated, or for some other very good reason. It is even possible (but not likely) that the tenant was never served with the landlord’s summons and complaint. In situations such as these, where the tenant has a valid reason for not responding to the landlord’s complaint, the tenant can ask the court to set aside the default judgment.

Setting aside a default judgment can be a complex legal proceeding. Common reasons for seeking to set aside a default judgment are the tenant’s (or the tenant’s lawyer’s) mistake, inadvertence, surprise, or excusable neglect.328 A tenant who wants to ask the court to set aside a default judgment must act promptly. The tenant should be able to show the court that he or she has a satisfactory excuse for the default, acted promptly in making the request, and has a good chance to win at trial.329 A tenant who thinks that grounds exist for setting aside a default judgment should first seek advice and assistance from a lawyer, a legal aid organization, or a tenant organization..

Special rules for tenants in the military may make it more difficult for a landlord to obtain a default judgment against the tenant, and may make it possible for a tenant to reopen a default judgment and defend the unlawful detainer action.330

A word about bankruptcy

Some tenants think that filing a bankruptcy petition will prevent them from being evicted. This is not always true.

Filing bankruptcy is a serious decision with many long-term consequences beyond the eviction action. In addition, much of what the public knows about bankruptcy has been changed by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

A tenant who is thinking about filing bankruptcy because of the threat of eviction, or for any reason, should consult a bankruptcy expert and carefully weigh the expert’s advice.

Bankruptcy is a complicated legal specialty and explaining it is beyond the scope of this booklet. However, here is some basic information about bankruptcy as it relates to unlawful detainer proceedings:331

  • A tenant who files a bankruptcy petition after October 17, 2005 (the effective date of the 2005 Bankruptcy Act) normally is entitled to an immediate automatic stay (delay) of a pending unlawful detainer action. If the landlord hasn’t already filed the unlawful detainer action, the automatic stay prevents the landlord from taking steps such as serving a three-day notice or filing the action.332
  • The landlord may petition the bankruptcy court for permission to proceed with the unlawful detainer action (called “relief from the automatic stay”).333
  • The automatic stay may continue in effect until the bankruptcy case is closed, dismissed, or completed. On the other hand, the bankruptcy court may lift the stay if the landlord shows that he or she is entitled to relief.334
  • The automatic stay normally does not prevent the landlord from enforcing an unlawful detainer judgment that was obtained before the tenant’s petition was filed. In some cases, however, the tenant may be able to keep the stay in effect for 30 days after the petition is filed.335
  • The automatic stay does not apply if the landlord’s eviction action is based on the tenant’s endangering the rental property or using illegal controlled substances on the property, and if the landlord files a required certification with the bankruptcy court. The stay normally will remain in effect, however, for 15 days after the landlord files the certification with the court.336
  • A bankruptcy case can be dismissed for “cause” – for example, if the tenant neglects to pay fees or file necessary schedules and financial information, causes unreasonable delay that harms the landlord, or files the case in bad faith.

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