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Neil Fjellestad's Blog

RentSenseBlog.com

By Neil Fjellestad | Property Manager in San Diego County, CA

Rent Sense in Temecula Requires: Knowledge, Expertise & Best Practices

Rent Sense: Preventative Legal is an Ongoing Requirement (part 12)

I have asked Ted Kimball to regularly share some of his legal insights on important issues that arise in the ongoing operation of rental properties (single homes, individual condos and apartments). These responses should not be construed as legal advice until your specific circumstances are considered. Our Property Management firm has effectively utilized the legal counsel of KTS for years to keep ourselves and our rental owner clients out of trouble. We operate rental properties in 69 zip codes throughout the region. Neil

Question: Can you tell me if someone needs any kind of certification or license to manage

property in California? I want to hire someone to manage some of my smaller (less than 10

units) buildings. This person will accept rent, give out notices, handle complaints, and supervise

maintenance work.

Answer: They are required to be a licensed real estate broker in order to manage property in

California for a third party. An exception is for a manager who lives on-site.

Question: We have a single family home that we believe has been damaged and neglected

inside by the tenants. Do we have the right to request access to inspect the property, with or

without the tenants permission?

Answer: You have a right to enter to provide necessary or agreed upon repairs provided you

give a reasonable written notice (24 hours is presumed to be reasonable).

Question: Am I within my legal rights to ignore oral notices and demand written 30-day

notice for a month-to-month lease termination?

Answer: Yes , California law requires termination notices to be in writing.

Question: We do not have any HUD housing. When a Section 8 applicant asks us if we

accept HUD housing, what is the best answer?

Answer: Indicate to the applicant that the property does not participate in any governmental

assistance program at this time, but they are welcome to apply if they are willing to forego

their subsidy.

Question: One of our tenants paid us $50.00 per month rent less than what his lease

required. We did not catch the mistake until after his third month. He says he does not owe it

because we waived our right to collect it when he paid his rent. Is he right?

Answer: Probably not. If your lease contained a non-waiver provision, it will be upheld in

court. Even if your lease were silent on this issue, he would have to prove that you

knowingly waived
your right to receive full payment by accepting a lesser amount.

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