OF TENANT BY BOARD
Can the board of directors of our homeowners association evict the
tenant of a member if the tenant is violating rules of the association?
No. Only the owner of a property can evict the tenant. If the tenant
is violating rules of the Association, the board of directors should
take action against the member. This can be in the form of a nuisance
lawsuit or fines. Some associations have included language in their CC&Rs allowing the association to evict tenants. I believe this is a dangerous approach. Top
OF RENTAL HOMES
The management company of our homeowners association offers rental
services to those members who desire to lease their units. Will
permitting the management company to represent individual members
in renting out their units create a conflict of interest?
It will not create a conflict of interest, but it will create a
potential conflict of interest. Notwithstanding the fact that a
conflict could arise, it is my opinion that permitting the management
company to represent individual members in renting their units is
generally good for the association. When a management company rents
a unit within an association, it normally takes the steps required
to screen the potential tenants. Thus, it is more likely that the
tenants will comply with the Rules and Regulations of the association. Top
We rent a home in Inglewood which was recently burglarized. We were not home at the
time. The burglar was
able to pry open a window.
What is a landlord's obligation relating to security devices?
Civil Code §1941.3 requires a landlord (with some exceptions) to
install and maintain operable window security or locking devices. In addition, a landlord
is required to install and maintain an operable deadbolt on each
swinging entry door. The
code also sets forth various acceptable security devices for sliding
glass doors that will satisfy a landlord's duty.
The code section provides detailed specifications to be followed. Top
USE OF COMMON
AREA BY TENANTS
Can an owner's tenants and guests use the common area recreational
Yes, however, some CC&Rs place certain restrictions on use by
OF MEETINGS BY TENANTS
The board of directors of our homeowners association will not permit
renters to attend board meetings. Can they legally do this?
Yes. Civil Code Section 4900 permits owners to attend board meetings
other than executive sessions to consider litigation, contracts
with third parties, member discipline, or personnel matters. The
code does not authorize renters to attend.
Notwithstanding the Code,
a board may permit renters to attend board meetings and it is generally
a good practice to allow them to attend, assuming they act appropriately.
It is also a good practice for a board to have a sign in sheet at
all meetings in order to account for all people attending. Top
My rental home in Reseda was built before shower doors and sliding glass doors were required to have safety glass. My property has standard glass in both the shower doors and sliding glass door. I prefer not to spend the money to replace the glass. Is it necessary?
I strongly recommend that you replace the ordinary (annealed) glass with tempered glass or laminated glass, both of which are considered safety glass. Ordinary glass can break into dangerous shards that can cause horrific lacerations, resulting in major injuries and possibly death. The cost of replacement is nominal when contrasted to the possible harm from an accident.
Replacing ordinary annealed glass with safety glass will help to prevent injuries resulting, in part,
from common accidents as well as earthquakes, wind storms, and even explosions.
Is it possible to amend our CC&Rs so as to discourage renters?
Yes. While courts discourage unreasonable provisions to prevent
owners from renting their properties, there are a number of ways
to do so in a reasonable way. You should contact an attorney whose
practice includes this area of law. Not all attorneys have the experience
to amend governing documents for common interest
FORECLOSURE OF RENTAL HOME
I am a renter in a home in Malibu that is being foreclosed. The owner of the home was
sued and has a large judgment against her. The judgment creditor has made
a demand that I pay the rents to her which I am doing. The judgment creditor
is pocketing the rents and is not paying the lender which is the reason for
the foreclosure. The owner will not return my security deposit and now
refuses to make needed repairs. What should I do?
You should consult with a real estate attorney who will want to review your
lease agreement and the Order to Pay Rents. After reviewing the
documents, the attorney will probably advise you to do the following:
Again, I must emphasize that your action should be preceded by a consultation
with a real estate lawyer who will need to review the relevant documents.
- Give a move-out notice to the owner and judgment creditor and then move out;
- Withhold your security deposit and last months rent;
- Request an inspection of the premises by the owner ten days before you actually move;
- Remove all of your personal property;
- Leave the premises in reasonably clean condition;
- Turn off all utilities; and
- Leave the key inside the premises on the kitchen counter
Remember, if you do not move out and the judgment creditor refuses to use the
rent to pay the lender, the lender will foreclose and evict you. Since the eviction
process in California is very short, you should plan ahead. Top
TENANT CAN'T PAY RENT
I am a renter who was recently sued by my landlord. The court ordered me
to pay rent, but I don’t have the money. I own my own small business and
don’t expect to have the money for many months. What should I do? What
can he do? I own very little.
Move out of the property as soon as possible if you cannot pay the rent.
This will mitigate the landlord’s damages by permitting him or her to rent the
property to another tenant. Since you are not an employee, the landlord
cannot garnish your wages. They can seize funds from a personal bank
account. There are other actions they can take, but the amount owing is
likely to dictate their course of action. I recommend that you discuss the
details with a real estate attorney who can advise you on how to minimize
your liability. Top