Questions & Answers

I keep hearing about the “spread of rent control” and I know Santa Ana has it. But I recently heard it was beat in Buena Park (as well as Claremont in Los Angeles County) and then I read somewhere that both cities are passing “Just Cause.” I’m a bit confused. Can you tell me the difference between “Rent Control” and “Just Cause”?

While some cities have both “Rent Control” and “Just Cause” rolled up into a single ordinance, (e.g., the City of Los Angeles) the two are very different and govern different activities.

“Rent Control” is an ordinance enacted by a city to limit the amount a landlord may increase rent during a 12 month period. Some cities have both a floor and a maximum increase, such as a minimum of 1.5% and a maximum of 10%. Other cities cap the increase at a specific percentage of the CPI change over the prior 12 month period. For example, a city can limit a rent increase to 75% of the change in CPI. Yes, that means ¾ of the actual “change” in CPI. So if CPI went up 1%, a landlord could only give an increase of three quarter of that 1%. Rent control ordinances are governed by a law known as CostaHawkins which sets various limits on what the ordinance may control. For example, under Costa Hawkins, a city may not apply rent control limits to buildings issued a certificate of occupancy on or after February 1, 1995.

On the other hand, “Just Cause” is a set or laws governing the reasons for which a landlord may terminate a tenancy. There are typically two categories of permissible terminations, including “at fault” and “no fault” terminations. As you might imagine, “at fault” means the tenant did something wrong, such as failing to pay their rent, allowing an unauthorized occupant to live in the unit, or engaging in some type of nuisance behavior. “No fault” terminations mean the landlord is terminating the tenancy even though the tenant did nothing wrong. For example, a landlord may want to move him or herself, a child, or grandparent into the unit, or they may want to permanently remove the unit from the rental market altogether.

It’s important to understand that while “Rent Control” ordinances may be governed and limited by Costa Hawkins, “Just Cause” ordinances are not. Therefore, you can have a property built in 2022 which may not be subject to rent control due to it being “new construction”, yet still be subject to a city’s “Just Cause” ordinance.

It’s also important to remember that the State of California also has a Rent Control/Just Cause set of laws as well. So even if the city in which your building is located does not have its own Rent Control of Just Cause ordinance, your property may still be subject to California’s Rent Control/Just Cause laws. There

I just got call from one of my residents letting me know her car broke down and it cost her $1,000 to get it back. Said she wanted to let me know so I would understand when she doesn’t have all the rent on the first. She asked if she can pay half on the first, another quarter on the 15th, and the balance on the 22nd. She’s never had any issues before, generally keeps to herself, and seems to take care of the apartment. Wish I had more tenants like her. If she is telling the truth about her car, seems like it might be an isolated situation. I don’t mind working with her, but don’t want to do the wrong thing or create any problems for myself down the road. I’m leaning toward working with her, but I’d like to know your thoughts.

Under normal circumstances, I’d never suggest letting someone pay in payments. In this case, she seems to be a good tenant and the fact that she is reaching out to you proactively about her inability to pay on the first says something good about her. A lot of tenants wouldn’t say anything, and they’d simply hide from you when you came to pick up rent. That being said, there are several things you can do if you decide to work with her. First, you can let her know you will work with her on the condition that she increases her security deposit, (provided you don’t already have 2 months’ deposit on file). You can also let her know you intend to serve her a 3-day pay or quit for the balance each time she makes a payment, just to “remind her” that she still owes you more. You can also make sure she pays the late fee for the time and inconvenience she is causing you. And finally, make sure she understands this is a “one time exception” that won’t be repeated in the future.

Seems all of my tenants are disabled! Not that I have anything against disabled individuals, but the strangest thing is that they only become disabled after they bring a dog onto the property, and I serve them a 3-day cure covenant notice to remove the dog. Then, as you would guess, I get a note from their doctor telling me I have to pro- vide them a “reasonable accommodation” and allow the dog to remain in the apartment. I guess I don’t really care much anymore. I just make them sign an animal addendum and I go about my business. What can I do? Unfortunately, one of my neighbors just notified me that the “emotional support” pit bull next door just growled and lunged at her 3 year old daughter. Luckily, it was behind it’s owner’s screen door, so nothing happened, (other than creating a very scared little girl and her mom). Nonetheless, now I’m a bit paranoid about the dog and I’d like to make the tenant obtain liability insurance to keep the dog. Can I do that? If not, what can I do to protect myself?

No, you cannot force a disabled tenant to purchase liability insurance in order to keep a comfort or emotional support animal. However, there is something else you can do. Specifically, you can force the tenant to remove the “specific dog” that growled and lunged at the child. While you would not be directly responsible for any injuries that result from a dog attack, you could still face liability based on your actual knowledge of a dangerous condition, (the dog) and allowing it to remain on the property. Once you know about the dog’s “dangerous propensity”, you have to take action to remove it from the property. Toward that end, write the tenant a letter explaining that the dog has to leave or you will be forced to terminate the tenancy. While you still have a legal duty to allow the tenant to have an emotional support animal, it doesn’t have to be the one that caused the problem. Since most pets become like family members to their owners, it is likely the owner will end up moving as well, just to keep the animal.

Ever since the “tenant protections” wave rolled around, I’ve found it much more difficult to get tenants to cooperate when it

Legal Q&A — continued on page 18

Dear Maintenance Men:

I own a small apartment building with an average amount of landscaping around the property. I have a garden service that comes each week; they cut and edge and do what they’re supposed to do, I think, although they don’t spend a lot of time at the property. What should I expect from my landscapers or garden service? John

Dear John:

We have a minimum list of items that must be completed at a property. If these items are skipped or ignored, we feel the property will suffer. On a weekly basis, we expect the garden service to provide the following:

1. Cut the grass.

2. Edge the grass.

3. Pull out weeds between the sidewalk cracks, walk around the building, including the alley.

4. Turn over the dirt in all the flowerbeds each week.

5. Pick up any trash around the property.

6. Broom, blow, or hose down the walkways.

7. Turn on the sprinkler lines, check for clogged heads, broken lines, etc.

8. Check that the irrigation timer is set properly.

9. Cut, trim, and thin any shrubs or bushes.

10. Maintain communication with the owner about problems or improvements.

The above list takes time, half an hour minimum at a small property. If your landscape gardener completed the list on a weekly basis, you could very well have the best-looking property on the block! This means higher rents, and if you add color flowers, even higher rents!

Finding a landscape gardener to do above list consistently is not easy. Ask your local apartment association for recommendations or look in your neighborhood or city for a property with outstanding landscaping and ask who the gardener is. Have him give you a quote according to your “list.” Keep in mind, a landscape company or gardener who gives the above service will charge more than a “blow and go” gardener. However, your property will reflect their above average service.

Dear Maintenance Men:

I have an opportunity to buy a small power snake for cleaning out kitchen & bathroom drains. At the rate my tenants block their drains, it should pay for itself in no time. Is this a good idea? Dale

Dear Dale:

We understand that almost any excuse is a good one to buy a power tool, but most bathroom and kitchen drains can be cleared with a three-foot hand snake. The tub or shower will typically have a hair stoppage just past the tub shoe and the bathroom sink will have a toothpaste and hair stoppage in the trap before the wall. The kitchen sink will typically be stopped on the garbage disposal side because of improper usage of the disposal. If both sides of the kitchen sink are blocked, then it may be necessary to use the power snake.

Power snakes can be very dangerous. Most operate with a ¼ to ½ horse motor, which packs quite a punch, especially if your finger or arm gets caught! If you buy this snake, we highly recommend that you get some training on your machine. Power drain cleaning is very much an “art” when done well.

Knowing when you hit the stoppage and when the snake is snagged comes with experience. A broken snake cable in your drain system will be far more expensive than simply calling an experienced plumber when needed. Another thought is most kitchen stoppages are caused by grease. Your snake will only temporarily clear the stoppage. Getting a company to “Hydro-Jet” your drains every year may help cure your chronic grease stoppages.

Dear Maintenance Men:

How do I get a fiberglass tub clean without scratching the surface? John

Dear John:

The nice thing about fiberglass tubs and showers is that no matter how dirty they get, they are fairly easy to clean up. Be careful not to use any abrasives on the fiberglass, such as scouring pads, steel wool, or gritty cleaning solutions. “Soft Scrub” may be used sparingly on soap scum buildup. “Lime-Away” may be used for hard water mineral deposits but read the directions and look for the fiberglass warning or approval statement. If you have very tough stains, moisten a cloth with clean Acetone solvent or nail polish remover. Do not let the Acetone pool as it may soften the fiberglass material. Acetone and many other cleaners have very strong vapors, so it is important to ventilate the area properly. After all the cleaning is done, the fiberglass surface may be dull. Use a fiberglass conditioner and glossing paste to bring the tub or shower back to its original condition. You can use a product called “Gel Gloss” to bring back the shine.

We need Maintenance Questions!!! If you would like to see your maintenance question in the “Dear Maintenance Men” column, please email your questions to DearMaintenanceMen@gmail.com.

If you need maintenance work or a consultation for your building or project, please contact Buffalo Maintenance, Inc. to schedule an appointment. We are available throughout Southern California and can be reached at 714-956-8371. For more information, visit www.BuffaloMaintenance.com

Frank Alvarez is a licensed contractor and the Operations Director and Co-Owner of Buffalo Maintenance, Inc. He has been involved with apartment maintenance and construction for more than 30 years and frequently serves as a guest lecturer and educational instructor. Frank is the comes to letting me in to provide maintenance or make repairs, even after it was them who complained about a problem in the first place! I usually get some email telling me I can’t come in because they “won’t be there” or something along those lines. I’m dealing with that right now. A woman who complained that the kitchen sink is leaking now refuses to let me in when my maintenance guy can get there, or she tells my guy she can let him in at some date and time in the future, then changes her tune when he gets there. The other day I told her I’m tired of the run around and that I am coming in with the handyman. As you can imagine, that didn’t go over so well. She immediately told me about “the law” and that she “knows her rights” and will call the police if I try to go in! Can she do that? Can she dictate whether and when I get in to make repairs? What do I do?

Immediate Past President of the Apartment Association of Orange County (AAOC) and chairs AAOC’s Education Committee. Frank can be reached at (714) 956-8371 or Frankie@BuffaloMaintenance.com.

Jerry L’Ecuyer is a real estate broker and a Director Emeritus of the Apartment Association of Orange County. He is a past president and longtime board member of the association, in addition to having served as chair of its Education Committee. Jerry has been involved with apartments as a professional since 1988.

I wonder whether your tenant got her law degree at YouTube University. The bottom line is that she is mistaken and you are, in fact, permitted to access the unit. California law provides that residents must allow access to you and your vendors upon service of at least a twenty-four hour notice. Her refusal to let you in is a violation of California law, and very likely a violation of her rental agreement. I suggest that is you don’t take the bull by the horns and politely “educate” her about your rights and her obligations, this will only get worse. Here’s an approach I’ve found that works well for me; serve her a 24 hour notice with three business days in a row listed on it as the days on which you will be entering. Simultaneously, serve a 3-Day Notice To Perform Covenant directing her to comply with California law and the rental agreement by allowing access to you and your handyman in line with the same three days on the 24 hour notice. I imagine you will get a call or email from her right away, threatening you with a lawsuit of some sort. Let her know that provided he allows access as scheduled, you will rescind the 3-day notice of termination. On the other hand, if she wants to continue being a pain in the rump and refusing access, you will simply file an action for unlawful detainer. I bet you will get access relatively quickly.

This information presented in this article is general in nature and provided to address typical landlord tenant legal issues. Specific facts and circumstances in connection with a particular situation you are experiencing should be discussed with your attorney. Brennan Law Firm has grown to become one the most respected and experienced landlord-tenant firms in the industry over the past 12 years. The firm can be reached at 855.285.2230. Visit www.MBrennanLaw. com for more information.