Welcome!

Posted: 4th January 2012 by Melissa in Uncategorized
 

Welcome to the FBS Rent Sense Blog. We will be posting weekly Rent Sense Articles written by Neil and Chris. These articles can also be seen in major publications such as the San Diego Union Tribune. Our goal is to bring quality information to help counsel those already in or interested in the industry. Check back each week to see what is new and exciting in the Property Management world.

“Nearly half of all the housing in San Diego is offered for rent. This condition has existed locally for decades and will continue for the foreseeable future. It is imperative that rental owners and rental residents respect the other for their important role in the essential segment of our local economy. The more informed each are about their respective rights and responsibilities as well as changes in the marketplace the more realistic are the expectations. That just makes good sense; Rent Sense.” – Neil,  2008

Where your home matters…

 

Carol Levey, NALP,CAM, CAPS, AAMD Hall of Fame

HOFLogo_lrg

Levey

The Apartment Association of Metro Denver (AAMD) has produced exceptional leaders in the multifamily industry serving at the local, regional and national level. At all levels these contributions in governmental affairs, education standards and membership benefits have left an enduring legacy. So it is understandable that AAMD Hall of Fame is established in 2015. With the induction of 20 individuals who embody some of the best of AAMD’s past and are still leading AAMD into the future a new tradition is established. There will be 50 individuals inducted into the Hall of Fame by 2018, when AAMD celebrates 50 years.

We would like to congratulate one of our own, business partner Carol Levey, as one of these original inductees. Her column Miss Management: Q and A has been a monthly highlight to the local Trends Magazine readership of over 5000 for years. She appears as a guest blogger on Rent Sense and her insights appear in dozens of other industry publications across the country. Carol is a regular presenter at the annual AAMD Education Conference, has served as MC Host for Award Events, and consistently over 35 years of volunteerism taught & authored curriculum for AAMD Education. She has been acknowledged for her outstanding contribution as an Industry Supplier becoming the recipient of the Jack Shapiro Award Winner twice; in 1987 & 1990.

Carol Levey is perhaps more recognized at the national level as an educator in the real estate industry. She served as one of the original team that produced the National Apartment Association coursework leading to the respected NALP designation. Her company Levey Enterprises has provided temporary leasing specialists, site managers and marketing offsite personnel to major apartment community operators throughout Colorado and across the U.S. Her business was founded on decades of experience in property management and executive leadership as a third-party leasing and corporate housing provider.

This constant access to the daily operations of frontline service providers has kept her consulting and coaching grounded in reality. With this unique approach Carol tailored training coursework to onsite personnel and consulting services to property management professionals across the country. As a founding partner in I.T. Partners she produced “Let’s Lease” – the first industry CBT (computer-based training). From this product introduction in 1994 came dozens of specialized coursework titles designed and delivered to educate and elevate leasing, maintenance and management clientele in over 60 major metro markets throughout 29 states. Not showing any signs of slowing down Carol has recently enjoyed interaction with packed audiences in Houston, Salt Lake as well as back home in Denver.

Thank you Thomas for the kind words!

Posted: 29th July 2015 by Melissa in Uncategorized
 

We love hearing from our fellow industry leaders! This is a preferred agent of FBS, he works closely with our New Account Specialists to facilitate smooth transitions between sales and rentals. We choose to work with Agents like this, who respect our rental customers and owner clients. We thank Thomas for the great care he gives our clients everyday! Check out this video message!

Thank you Thomas!
TJ Nelson
TJN@ThomasJNelsonrealtor.com
mobile: 858-232-8722
ThomasJNelsonRealtor.com

Rent Sense in Apartments Magazine

Posted: 29th July 2015 by Melissa in Rent Sense
Tags: ,
 

In addition to their following in southern California Neil Fjellestad and Chris DeMarco have a strong presence in northern California as well. Rent Sense, their syndicated industry column has been picked up by Landlord Property Management Magazines. Their monthly publications are mailed directly to 43,000 apartment owners, managers, property management companies, and leasing offices – reaching over 1,000,000 units throughout Northern California. For over 50 years, Landlord publications have been dedicated to helping and providing information to the owners and managers of multi-housing units, income properties, residential rentals, and commercial properties throughout California. Currently, Landlord offers four distinct magazines throughout Northern California: San Francisco, Silicon Valley, East Bay, and Greater Sacramento. They have chosen to include Rent Sense in each.

 

apartment

Rent Sense in Landlord Magazine

Posted: 24th July 2015 by Melissa in Rent Sense
Tags: ,
 

In addition to their following in southern California Neil Fjellestad and Chris DeMarco have a strong presence in northern California as well. Rent Sense, their syndicated industry column has been picked up by Landlord Property Management Magazines. Their monthly publications are mailed directly to 43,000 apartment owners, managers, property management companies, and leasing offices – reaching over 1,000,000 units throughout Northern California. For over 50 years, Landlord publications have been dedicated to helping and providing information to the owners and managers of multi-housing units, income properties, residential rentals, and commercial properties throughout California. Currently, Landlord offers four distinct magazines throughout Northern California: San Francisco, Silicon Valley, East Bay, and Greater Sacramento. They have chosen to include Rent Sense in each.

landlord1

Legal Questions July 2015

Posted: 9th July 2015 by Melissa in Legal Questions
 

FBS operates Rental Properties for Independent Owners utilizing Industry Best Practices which creates direct benefits to our Rental Customers. We have provided Superior Housing Alternatives now in our 5th Decade. Our available rental inventory changes daily. www.fbs-pm.com

As professional managers we must stay on top of local, state and federal laws, regulations and housing codes that are imperative to our clients and rental customers. We review and update our contracts, policies, forms and routines with the help of KTS (Kimball, Tirey and St. John).

Here are some situations we have asked Ted Kimball to weigh in on

1.    Question: My tenant has some damage to the outside window to the house I rent to them. The tenant claims the damage was done by a burglary attempt but I suspect they locked themselves out and damaged the window when trying to get back in. Who is responsible for the repair?
Answer: Unless proved otherwise, damage caused by unknown third parties, acts of nature, or unexplainable are the responsibility of the landlord.

2.    Question: In a co-signer situation what forms do you recommend that the co-signer sign along with the tenant?
Answer:  They  should  sign  a  separate  guarantee  agreement  that  has  been  reviewed  by competent counsel.

3.    Question: As resident managers, we are dealing with several tenants in violation of pet rules. In retaliation, they have made false accusations of us entering their apartments without notice. They are now disturbing other tenants with this untruth and questioning our integrity. How can we protect or defend ourselves?
Answer: You can serve a three-day-notice to perform conditions and/or covenants or quit to permanently remove the unauthorized pets. If you can prove the pets are still there after the notice expires, you can file for unlawful detainer.

4.    Question: In assessing a late charge in a lease, is there a law stating how many days after the due date must expire before a late charge can be imposed?
Answer: California law does not prohibit a landlord from charging the tenant a bona fide late charge after the rent is delinquent. The rent is not delinquent unless one business day has passed at the time the rent became due. If the rent is due on the first and the first is on a weekend, a late charge could not be imposed until after the first business day expires.

5.    Question: What happens when the lease expires? Is it assumed that the agreement goes month-to-month? Or should a new agreement be signed?
Answer: If the lease does not speak to renewal or reversion to month-to-month and the tenant remains in the premises with the landlord’s consent, the law will presume a month-to-month agreement if the rent is paid and accepted by the landlord.  It then can be terminated by either side serving the other with a written thirty-day or sixty-day notice to quit.

6.    Question: I have a lease with two male tenants. The lease specifies two occupants only. One of the tenants has a girlfriend who spends the night every day of the week for the last month.  How do you determine when a guest is an occupant?
Answer: Unless the tenant admits to having another person move into the rental unit, you need to prove that they are occupying the unit through circumstantial evidence.  Proof of facts such as receiving mail at the premises, coming to and from work on a daily basis, present on weekends, or making requests from management all could lead a trier of fact to conclude that the person is an occupant of the premises.

7.    Question: Is there a law for returning the security deposit within a certain time frame? If I missed the due date is there an automatic penalty? I overlooked accounting for a deposit and it has been 25 days.
Answer: California law allows residential tenants and landlords to contract for up to 21 days for the accounting and, if applicable, return of all or a portion of the tenant’s security deposit. There is no automatic penalty for being late.

8.    Question: When we have called attention to a violation of the lease or community rules, tenants frequently will say we are “picking” on them.  How can we protect ourselves? Answer: First, make sure you are enforcing the lease and community rules equally to all violators. The best way to avoid or minimize legal challenges is by documenting all incidents and responding in a consistent manner.

9.    Question: When typing up a new lease, should we use the spelling of the tenant’s names as it appears on the application or on their driver’s license?
Answer: It is important to be consistent on how you spell their name in the event legal action is necessary. It is best to use the name exactly as it appears on their driver’s license and request that they fill out the application in a manner consistent with this request.

10.    Question: If a one-year residential lease is broken, what becomes of the security deposit? Answer: Once the tenants have vacated the premises and the landlord has taken over possession, the time to account for the use of the security deposit (normally 21 days) begins. The deposit can be used for any monies owed the landlord including delinquent rent.

11.    Question: I have single family homes that I have for lease. They have large, well- maintained gardens.  How do I best insure that they are kept up?
Answer: Your best bet is to hire a gardener yourself, build the cost into the rent and have the lease read that the gardener has permission to enter the property for gardening/landscaping/mowing etc. That way you have more control.

12.    Question: How long should I retain an application that was denied? How long should the application and the rental agreement be saved after a tenant moves?
Answer: The statute of limitations for fair housing cases ranges from six months to five years; the statute of limitations for a written rental agreement is four years. The statute of limitations is the time someone has to file a lawsuit. Therefore, you should keep your application documents a minimum of five years.

This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. Ted Kimball is a partner with Kimball, Tirey & St. John LLP. Our primary practice areas are landlord/tenant, collections, fair housing and business and real estate, with offices throughout California. Property owner’s and manager’s with questions regarding the contents of this article, please call 800.338.6039.

© 2015 Kimball, Tirey and St. John LLP

 

FBS hosts 2nd Open House!

Posted: 1st July 2015 by Melissa in Education
Tags:
 

oh1

oh2 oh3

2015-06-30 17.55.20

2015-06-30 17.47.17

2015-06-30 17.37.10

2015-06-30 17.20.11

How to unclog a shower drain

Posted: 30th June 2015 by Melissa in Video
 

Please join us at the Open House!

Posted: 29th June 2015 by Melissa in Education
 

oh

Legal Questions June 2015!

Posted: 25th June 2015 by Melissa in Legal Questions
Tags: ,
 

FBS Apartments, Condos and Homes For Rent in 69 zip codes throughout the S.D. Region

FBS operates Rental Properties for Independent Owners utilizing Industry Best Practices which creates direct benefits to our Rental Customers. We have provided Superior Housing Alternatives now in our 5th Decade. Our available rental inventory changes daily. www.fbs-pm.com

As professional managers we must stay on top of local, state and federal laws, regulations and housing codes that are imperative to our clients and rental customers. We review and update our contracts, policies, forms and routines with the help of KTS (Kimball, Tirey and St. John).

Here are some situations we have asked Ted Kimball to weigh in on -

1. Question: I have a renter who gave me a thirty-day notice and then left the following week. Can I re-key the door locks and enter the property?
Answer: If your resident has clearly vacated the unit and communicated the same to you, you do not have to wait until the thirty-day notice expires before you can relet the unit. California law requires that you mitigate your potential loss of rent by attempting to rent the property as soon as possible. The former tenant is liable for any unpaid rent up to the time the premises are relet or the thirty-day notice expires.

2. Question: I just bought two four-plexes. I have a “no pet” policy. One tenant has a dog, cat, and five kittens. How do I change the pet policy as the new owner?
Answer: If they are on a month-to-month, you can serve a thirty-day notice changing the terms of the tenancy to a “no pet” policy. If they are on a fixed term lease, you can make “no pets” a condition of a renewal of the lease, but not until it expires.

3. Question: If we personally serve a tenant a notice to enter the unit and we mail them a copy of the notice, do we need to wait the required six days before entry?
Answer: California law requires six days if the notice is mailed only. If served personally or posted on the usual entry door of the premises, a twenty-four hour notice of entry is presumed to be a reasonable time.

4. Question: Can residents sit outside their front door and drink beer? Other residents are complaining.
Answer: If the outside portion where they are drinking beer is part of the common area of the premises, you can restrict that activity as long as it is restricted for all residents. If it is part of their rented space, you cannot, unless they are causing unreasonable disturbances to other residents.

5. Question: I purchased a rental property two years ago and the security deposits need to be increased. Most of the deposits are $600.00 and need to be increased to $900.00. What is the best way to do this?
Answer: If they are on a month-to-month agreement, you can serve a thirty-day notice changing the terms of the tenancy to increase the deposit amount. You can charge up to twice the amount of the monthly rent if the unit is unfurnished.

6. Question: Who is responsible for the expense of carpet cleaning and painting when a tenant vacates a unit? Is its lawful to pass on this expense to the departing tenant?
Answer: Under California law, the carpet must be left in the same clean condition it was when the tenant first moved in. Any necessary cleaning is the tenant’s responsibility and the cost may be deducted from his or her security deposit. Painting may also be charged to the departing tenant if the need to paint arose out of extraordinary wear and tear while the tenant occupied the apartment.

7. Question: We rented to three roommates who all moved in at the same time. One moved out a couple of months ago and the other two moved out last month. All three were on the rental agreement and one is demanding that we give the entire deposit refund to him because he was the one who paid it. What should we do?
Answer: Either require the roommate to produce a written, notarized statement from the other two roommates granting their permission and consent, or give him a check with all three names as the payee.

8. Question: I served a three-day notice to pay rent or quit to one of our tenants. I received a partial payment within the three-day period. Do I have to serve another notice for the remainder of the rent or is the notice still good?
Answer: Under California law, a residential landlord who accepts partial payment of rent demanded on a three-day notice is required to serve a new notice for the balance owed.

9. Question: How do we get rid of tenants who have filthy units? They always pay on time. Answer: If the condition of a residential tenant’s apartment unit is creating a health or fire hazard, the landlord should take steps to require the hazard be removed, or if necessary, terminate the tenancy and evict. If the condition does not amount to a health or fire hazard, you may elect to serve a thirty-day notice to terminate a month-to-month tenancy, or if the lease is a fixed term, do not renew. If the tenant could have a disability called “hoarding,” you should seek legal advice before proceeding.

10. Question: One of our tenants informed me that residential landlords have to replace carpeting every five years. Is this true?
Answer: No. California does not have specific requirements for replacing carpets or any condition of the unit so long as it remains in a habitable condition, which means free from substantial health or safety hazards.

11. Question: How long should we retain old leases at our apartment complex? I have heard two years, is this correct?
Answer: The statute of limitations (the time one has to bring a lawsuit) for written leases is four years. Therefore, leases should be retained a minimum of four years from the date of the vacancy.

12. Question: One of our tenants is buying a home and gave us a thirty-day notice. Now they want to extend escrow fifteen more days beyond the thirty-day period. They are willing to pay for the additional rent. Should we require a new thirty-day notice from the tenants?
Answer: If you are in agreement to the additional fifteen days, agree in writing to extend the thirty-day notice period to expire on midnight on the agreed extension. Otherwise, the court may believe that you waived your right under the thirty-day notice by allowing the tenant to remain in possession and paying rent beyond the thirty-day notice period.

13. Question: We just recently purchased a property with below market rents and intend on raising rents. Which is preferable: to send out a thirty-day notice to raise the rent first, or to have the residents sign a month-to-month agreement, then sent out a thirty-day notice? Answer: Legally, when you purchase rental property, you “step into the shoes” of the previous owner and you are bound by whatever lease agreement is in place. If it is month-to-month, you

can serve a thirty-day notice to change the terms, including rent increase. If the rent is increased more than 10% from what it was one year ago, a sixty-day notice must be served.

14. Question: I have rented an apartment to an unmarried couple. The boyfriend’s mom is the co-signor. The boyfriend is moving out and wants his and his mom’s name taken off the lease.
I don’t care if the boyfriend leaves, but I think his mom is still responsible. Am I right? Answer: Most co-signor agreements, also known as guarantee contracts, provide that the guarantee of performance is through the term of the lease. If so, the mom would most likely remain responsible, even if her son moves out.