1st time landlord

i need advice.i am a 1st time landlord and its only been 2 weeks since it got rented out. what are things to expect if something goes hay wire? i got everything documented. the rent is due 1st day of the month and that is on the lease agreement. but i followed up on an email saying to mail the check to me on or before the end of the month and no later than 1st week of the month. so i am giving her at least 5 days grace period. if for some reason she paid me late and once, what should be the law for california on how to handle it right? as for my research, prior to the grace period i gave her, the 3 day quit notice should apply day after the due date but has to be a business day. if she only late ones, can i apply this 3 day quit notice right away? or i have to wait one more month and to make it work?

in short, for california law, can i proceed with the 3 day quit notice on the very first time she was late? or i have to wait 30 days and see if the next month it will happen again and then i can file the 3 day quit notice?

please i need advice coz 2 weeks from now, is the first month of the payment. i need to know what to expect.

also if anyone could advice me more on what to look forward...

[OHlandlord]

I do not own property in CA. But from postings from other CA landlords whose advice I trust, do not delay on posting the 3 day the very first time they are late beyond your grace period. Post this notice as soon as is legally possible to enforce your lease. From what I hear, your state is very tenant friendly, so you cannot allow a tenant to control the situation. In future leases, remove any grace period except state mandated ones and require that you RECEIVE the money by the due date, not that it be mailed by this date. (Tenants will take advantage of grace periods and mailing periods, trust me!)

May I give you some advice? First go to the local library and get a book on your state's LL-Tenant laws. Read this thoroughly several times, and even copy the sections you are most apt to use (security deposits, pre-inspections notices, terminating a tenancy, notice to enter, etc.) or take notes on these things so you won't forget them. You will need them.

Did you do a move-in inspection with documentation and photos? If not go back & tell the tenant you forgot and do it immediately. You will need this to prove any damages by the tenant and to take deductions from their deposit. Don't forget to offer a pre-move out inspection as per CA law when they give you notice to move out. (This is a MUST in your state.) Failure to do this can really cost you.

While you are at the library get a book by NOLO publishers called Every LL's Legal Guide. This is a good primer for what to expect when renting out property and how to do it.

There is too much info to cover here, but two more bits of advice based on common mistakes I see new LLs make. 1) Screen very well. I repeat, SCREEN VERY WELL. Do criminal history checks, eviction checks, credit checks, verify income and employment, speak to the current and 2 former LLs (verify that they really are the LL), etc. This is most important to be sure you put a good tenant in your place. Doing this will let you avoid many, many problems later. And 2) Whenever possible, repair instead of replacing items. Tax-wise this will really benefit you. Any repairs come off the current year's taxes 100%. Replacements come off several years taxes. If you must replace, buy used, not new. Tenants won't take care of it anyways, so you might as well save some money by buying good used appliances rather than new. (BTW NOLO also has a book called Every LL's Tax Guide - read it and learn many tax breaks you never knew about!)

Good luck in your LLing. If you have any other questions, I'll be happy to offer my advice. One last bit of parting advice, join a local LL's association. This is a great source of information on local laws, housing trends, how local judges rule, & what new codes you need to meet; as well as a place to vent frustrations and ask for further advice.

[annjd]

Very good advice and useful for all!

I'm a tenant so am not usually on the side of the landlord, but I must say that this is excellent advice. Yes, thank God, that California is a very "tenant-friendly" state, or at least this applies to Los Angeles, the city where I live! However, the rents are becoming ridiculous here & I really feel that rent control should apply to ALL rentals, not just those built before 1987 or is it 1978!

However, I must strongly object to the comment "the tenant will not take care of it, anyway" or something to that effect. Perhaps this landlord has had a slew of bad tenants. Maybe I'm an exception, but if the rented apartment has any appliances, fixtures, etc., I take care of these items & don't abuse them. If they malfunction, I notify the landlord. I really strive to maintain my excellent record as a renter & try to be honest & above-board.

I became very educated on tenant/landlord laws & issues, since I recently had to relocate after over 10 years for "landlord occupancy." I was so very lucky to fall under the new laws established in April, 2007, for RSO for the City of Los Angeles, changes that gave me 3 times the amount of relocation money than what was previously mandated in the law. The previous dollar amount were unreasonably low, considering how high rents are.

[OHlandlord]

I apologize if my comment offended you. However, it is my experience that a LL should make the units as low maintenance as possible. Not all tenants are as diligent as you. Most will not even do routine maintenance like changing furnace filters monthly, smoke detector batteries, or even burned out light bulbs. (I must do these tasks after vacancies in probably 75% of all units.) Buying new appliances for rentals is wasting money if the tenant won't care for it, clean it, or use it properly. I spend many hours after each vacancy cleaning these appliances because most tenants won't clean them, even if they have a self cleaning feature on them. I still end up cleaning them. There are good tenants out there that care for their units. I have many such tenants. But there are just as many poor tenants who fail to care for their units. I do not buy new appliances as I can obtain good used appliances for a fraction of the cost. The appliance still works well and looks good aesthetically, so the money saved keeps rents lower in my units. I congratulate you for being an ecellent tenant who cares for the property.

On a personal note, I would not buy or own any units in a rent controlled area. Controlling rents when other factors are not controlled is unfair to the owner of these properties. This restricts his income, but the mortgage company, property taxes, insurance, and repair costs are not controlled. They can rise considerably over a tenure. How is it fair to restrict rent increases to a small percentage per year when the city revalues the property and increases the taxes by 50%? (This happened here recently.) Or when the insurance company decides the area is now prone to hurricanes, wildfires, tornadoes, etc. and increases the rates? Or when the contractor says his material costs have increased by 20% because of the gasoline transportation costs? (Have you seen the price of electric wire lately?) And this doesn't even consider the loss we take over copper thefts, tenants who don't pay, tenants who damage property but are uncollectable, the court costs of evictions, etc. I would not own property where I would have rent control or relocation fees. Many people believe these laws should be abolished. The LLs who try to conduct business under such restrictions are hardy soles indeed.

If they even hinted at rent control in my area I would convert my rentals to single family homes and sell. How would you like it if your boss said you now have to work 90 hours but your paycheck will still be the same and there is nothing you can do about it because the government officials say I can do this to you.

Let government take over all renting and see what happens then, I think you would not like it much. Just think of the IRS and other government entities that have power over you.