DISCLAIMER: None of the posts or comments on this blog constitute legal advice, and we strongly recommend that you consult with a lawyer before taking any actions against landlords or other parties.

Showing posts with label Current Tenants. Show all posts
Showing posts with label Current Tenants. Show all posts

Friday, March 13, 2009

Once You've Signed the Lease

Congratulations! You’ve signed on for your first apartment. Before you leave the office, don’t forget to have a copy made of all the documents for your own files. It’s important to have all contracts stored in a safe place for easy reference. I moved in to one apartment with the understanding that I would be allowed to have pets. My roommate and I filled out and signed a form specifying how many pets we planned to have and of what kind. After I got my cat, the property manager told me no pets allowed. Fortunately, they did not enforce that rule, but it was a relief to know that I had a copy of that contract in my files if the need ever arose.

Preparing for Move-In

Switching your Mail
When you’re getting ready to move, don’t forget to change your forwarding address. Don’t do this too soon before you move, or you’ll wind up missing packages, but don’t forget! Switching your forwarding address is very simple. Just go to usps.com and follow the appropriate instructions.

Starting your Utilities
Call your landlord or management company to find out what’s already turned on. Usually, if a utility is covered by the lease, you won’t have to worry about it. However, if it’s not, then you’ll need to make a few phone calls. Be sure to have your new address handy when you call.
  • Los Angeles Department of Water and Power (LADWP)
Phone: 1-800-342-5397
Website: www.ladwp.com
  • So Cal Gas Company
Phone: 1-800-427-2200
Automatic Bill Pay
With both LADWP and the SoCal Gas Co., you can set up automatic bill pay online, so you don’t have to even think about it. Be careful, though. Activating the auto-pay service can be a little tricky, particularly with LADWP. Be sure to confirm that you’ve actually gotten the service set up by calling them. I received a couple of menacing, red late notices and threats that my electricity would be shut down before I finally got it right.

Quick Reality Check

Remember, you aren't in University Housing anymore. There aren’t Residential Advisors, and there often isn’t nearly as high a level of service. I’ve known several students who got pissed at their landlords for things like not providing maid service, or not coming right away to unclog a stopped-up toilet. Unless there was a promise for maid service made in writing ahead of time, or that toilet is the only toilet in the apartment, don’t expect the landlords to be that hands-on. My general standard is: If the housing company is not infringing on my quality of life (i.e. I generally feel safe, am able to get my school work done, and they don't damage or destroy my stuff), then we’re all good. I'm okay plunging my own toilet.

The Big Day - Moving In

You've signed the lease, bought most of what you need to buy, and now, the time has come to make your move! Just a few things to remember before you load up the ol' U-haul:
  1. Unless you've made a special agreement with the landlord, don't expect to move in before your lease starts. Odds are, it's not gonna happen. This also means you won't be able to pick up your keys early. Often times, the last phase in the unit’s preparation is to change the locks. The landlord may very well not even have any keys to give you before move-in day.

  2. Call in advance - Before you make any long treks or drag your sofa all the way to your new place, be sure to call and make sure the unit’s ready. Even though the property manager should notify you if things aren’t ready, don’t rely on them. I know of one company that notified some of their tenants via text message that the unit wasn't ready... on the afternoon they were supposed to move in. Many other students didn’t find out until they arrived that their unit wasn’t prepared.

  3. Have a Backup Plan - No matter what they tell you, have a backup plan. Move-ins and Move-outs are the craziest time for a Student Housing company, and there is a lot of room for miscommunication. While the odds are good, if you call ahead, that the place will be all ready, there’s a possibility that something got overlooked (some repair team hasn’t had a chance to finish up, etc). If you don’t have friends or family nearby, look up some hotels in the area. You don't necessarily have to book a room, but know where the vacancies are. Also, while you may be able to keep your stuff in the unfinished apartment, call around ahead of time to make sure there are storage facilities with space, so you don’t get stuck with a pile of furniture and no place to put it. In fact, if possible, you may want to spread out your move in: You can come down with a small load, pick up the keys, etc, and then bring the U-Haul a few days later.

  4. Don't send someone else to pick up the keys - Landlords rarely will give out keys to people other than the tenant. If you can't pick up the keys yourself for whatever reason, be sure to talk with your landlord ahead of time to figure out a solution.

Subletting/Subleasing

Ah, subletting. The bane of many a landlord and tenant’s blood pressure. There are a wide variety of reasons that you may need to sublet -- from studying abroad, to going home for the summer, to moving out because of roommate troubles. However, subletting is one of those things that can easily go awry.

Example: Unbeknown to one company I know of, one of their tenants had been subletting a single room in a very expensive seven-bedroom apartment to a woman with a couple children. Unfortunately for the tenant, when the tenants’ lease expired and time came for everyone to move out, the woman decided she didn’t want to. After a stern talking to from the property manager, the woman grabbed her things and left... A few hours later, the maintenance staff inspecting the unit called to let the company know that the woman had returned, broken the garage door, and was sitting inside. Fortunately, after much cajoling, they finally convinced her it was time to go. If they hadn’t been able to, however, the tenant that sublet to them would likely have been responsible for the rent for the entire apartment ($7,000 a month) until the company could get the woman out and the new lease the place. So, with that said, here are a couple basic guidelines when subletting:
  1. Communicate with your Landlord/Management Company - Make sure they know and approve of the subletter you choose. Otherwise, you could find yourself in a whole mess of trouble. They may have official documents you need to fill out. They also may be able to run a credit check on your subleaser to make sure he/she has the resources to actually pay you.

  2. Use Common Sense - Meet your potential subleaser, interview them, make sure they get along with your roommates. This person will have full access to your home for an extended period of time. Make sure they’re not crazy.

Your Rights as a Tenant

Hopefully, you will not need to use the information in this post, but, sadly, many students have issues with their landlords. While many landlords are capable and caring, once the lease is signed, many other landlords feel they can drop the friendly facade and neglect their tenants. If you get stuck with such a landlord, what are your rights, and how do you enforce them? How do you determine if the landlord has violated those rights? Here are some things I've learned as a tenant, and I hope they prove helpful. Please keep in mind, though, this isn't legal advice, and you should consult a lawyer before taking any action against your landlord or other parties.

The key term here is habitability. If the unit isn't habitable, then the landlord is being negligent. Habitability issues can include broken water heaters, major bug problems, malfunctioning security and parking gates, insufficient exterior lighting, etc. If there is a significant decrease in habitability, and your landlord, once notified, is not taking care of the problem, you should seek out legal counsel. If things get bad enough, you may even be able to break the lease.

Rent Control
If you live in an older building near USC, it is probably subject to Rent Control. When most people think of Rent Control, they think of a law that keeps your rent from going up more than a certain percentage every year. However, the LA Housing Department also provides several other protections. If you're having a long-term issue, such as a broken security gate, you can call the LAHD at 1-866-557-RENT. They will send an inspector to your unit who can then write your landlord a citation. I have never personally filed a formal complaint. Unfortunately, I have heard some negatives about the LAHD, and that they can be very slow to respond. Still, it is worth a shot.

What to Do when the Landlord Just isn't Getting it Done
  1. Leave a paper trail- Don't simply communicate via phone. Send e-mails and save all correspondence. Write down issues you're having, along with dates and times, to the best of your ability.
  2. Call LA Housing Department - As mentioned earlier, if your building is subject to Rent Control, the LAHD can send an inspector to your unit. The inspector can then issue a citation. This should also give you a stronger case should you have to go to court.
  3. Do it Yourself and Deduct - Please note, this is very risky. I would STRONGLY recommend consulting a lawyer or the LAHD before doing this. If you need something taken care of right away, you can call a repair man yourself and deduct the cost from your rent. Be sure to notify your landlord well in advance, and save all receipts from the transaction. Often times, just giving your landlord written notice that you plan to hire someone will be enough to get them to fix it themselves.
Some Resources at your Disposal
  • USG Free Legal Counseling - Undergraduate Student Government provides free legal counseling to all USC students. If you are having major issues, you can go to STU 106 to sign up for a meeting with the lawyer. Some of my friends haven't found it particularly useful, but when I went to him with questions, I found the lawyer very helpful. For more info, you can also visit USG's website at usg.usc.edu.
  • LA Housing Department- They also can be very helpful (depending on which operator you talk to). This should be one of the first places you call to find out about your rights.
Phone: 1-866-577-RENT
Website: lahd.lacity.org/lahdinternet/

Maximizing Your Deposit Return

The Basics (or How it Works in Theory)
When you sign a lease, you'll have to put down a deposit (usually equivalent to one to two months' worth of rent). Keep in mind that the deposit isn't rent. It is a sum of money that's held in case you do damage the unit. In theory, when you move out, the Landlord will do an inspection and deduct the amount to repair any damage you caused beyond normal wear-and-tear. That way, everything's fair, you go on your merry way, and they go theirs (tra la la, cue happy-ending music).

That's the theory.

Unfortunately, landlords are notorious for over-deducting. Look over your invoice carefully when you get the check, and make sure you've earned all those deductions. Also, if your apartment is covered by Rent Control (as most buildings around USC are), you are probably entitled to interest on your deposit, so if that doesn't appear, raise a stink!

Some Tips to Maximize your Deposit Return
  1. Don't be afraid to fight for it - If there's anything fishy, contact your landlord right away, and be sure to leave a paper-trail (even if you've talked to them in person). Odds are, they'd rather give you the extra cash that you deserve than risk having to front the money for a legal battle.

  2. Communicate with the Landlord - Don't make any assumptions. For instance, if you have furniture to leave behind, make sure they want it. Sometimes, they'd be happy to keep the furniture as an added benefit to future tenants. However, if you just leave it there, you'll probably be charged a hauling fee.

  3. Communicate with your roommates - Be very wary as you approach move-out time. Many a student has had to suffer a hauling fee because his or her roommate left items behind. Make sure you all are on the same page about the final condition of the place. If you have any concerns, talk with your landlord in advance to make sure everything's worked out.

  4. As much as possible, maintain a good relationship with your landlord - Landlords are people too, and, while they are supposed to be unbiased, they're much more likely to look favorably upon you if you have been generally friendly, and paid your rent on time throughout your stay with them.

  5. Clean the place before you leave- You might even want to hire a cleaning crew. The landlords will be much more likely to look favorably on the place when inspecting it if their first impression is a good one.

  6. Don't patch and paint the walls yourself unless you can do it well - I did a lot of inspections when working for a housing company, and discovered that many people had "fixed" holes in the walls themselves. Unfortunately, they'd done a shoddy job, and the landlords still had to hire contractors to sand it down and do it again. Thus, the students were not only charged for repairs, but they also wasted their own time, and money for the plaster and paint.