Give Landlord Notice When Leaving

Robert Griswold | Steven R. Kellman | Ted Smith
23-Aug-1998 Sunday

This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold, host of "Real Estate Today " (1 p.m. Saturdays on KOGO, AM 600) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: I'm in the Navy, and told my landlord I expect a shipboard deployment later in the year. He kept probing on whether I would be staying in my apartment, which is on a month-to-month lease. I don't have to answer that, do I? A: Smith: While it may be true that you don't legally have to answer that question, why don't you?

After all, landlords simply like to forecast vacancies and make necessary arrangements. There's nothing harassing and it's not an abuse of privacy to simply inquire about your intention.

Just be honest. If you're not sure, let the landlord know.

Despite the fact that you are in the military, you are governed by the rules of the month-to-month agreement. If you decide to stay, make sure you let the landlord know and, most important, pay rent during your deployment.

Another thing to remember: The Soldiers and Sailors Civil Relief Act may be of limited protection to you by delaying a possible default judgment during your deployment. But, you'll have to make good on the rent, as well as any other costs incurred by the landlord, while you were deployed. Q: I live in a duplex in the city of San Diego. Does the landlord have to provide a fire extinguisher? A: Griswold: No, say city of San Diego Fire Department officials. Your owner or property manager is not legally required to provide you with a fire extinguisher in your duplex.

Under the Uniform Fire Code, which has been adopted by most local municipalities, a duplex is not considered a multi-unit dwelling and therefore (like a single-family home) is exempt.

The city of San Diego policy states that if there are three or more units in a rental property, there must be at least one approved fire extinguisher (typically a minimum rating of 2A10BC) for every 6,000 square feet of building and the fire extinguisher must be placed no more than 75 feet away from any point on each floor.

Be sure to always check with your local fire department for the current requirements in your area. For more specific information within the city of San Diego, contact the Fire Prevention office at (619) 533-4452.

Q: I own six rental condos in Mission Valley. Most of the tenants have been with me for a long time. As a result, their rents are unrealistically low in today's marketplace. Do you think I should raise the rents substantially to catch up with today's rates? And won't that leave me open to having an exodus of tenants?

A: Kellman: You should probably not raise your rents on existing tenants too much too soon. While you may feel that this view is a result of any bias I may have toward tenants, it is not. It makes good business sense.

If you have good tenants, it actually pays to keep them. When rents are too high, your tenants may simply move on to a better deal incurring additional costs to you in the turnover. The benefit of a rapid increase in the rents may be wiped out in getting lower quality replacement tenants if yours choose to move. Also, tenants tend to be more demanding when locked into a high dollar lease. They want more services since they feel they are paying top dollar, which they may be paying with a large raise.

Rents should be adjusted, however, to reflect their true value. This promotes investment for the purchase or improvement of rental property. If rents are too low, landlords say they are not inclined to provide as many nice rental units as tenants want.

So, ultimately, do raise rents if you need to, but do so with care and a respect for more than just the bottom line.

Smith: That's about as close as you'll find Steve and myself on a tenant-landlord issue. But as the landlord's attorney, I have to tell you that you have the legal right to raise rents on proper written notice. In California, there is no ceiling on the amount or frequency of rental increases. All legalities aside, you should think about how to "sell" the increase to your residents to avoid unintended consequences like everybody moving out.

Some rental owners have owned their buildings free and clear for years and virtually never raise rents. Instead, they opt for long-term tenants. But, most in the industry would agree that rents should stay roughly in line with the market.

So do raise those rents, keeping them just under your competitors. That way, hopefully, you'll be able to convince your tenants to stay.

IF YOU'RE A TENANT OR LANDLORD, the authors stand ready to answer your questions in this column, although letters cannot be answered individually.

Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold@retodayradio.com

Back to 1998 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com