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Old 12-12-2008, 03:16 PM
 
1,319 posts, read 4,243,015 times
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Quote:
Originally Posted by bayarea-girl View Post
If you have a cleaning fee and such items listed as possible charges in your lease no problem. LA & SF are very similar (not the same but similar).
Cleaning fees in the City of LA do not apply to painting/carpet cleaning unless there is abnormal wear and tear or the tenancy is less than one year. It is prorated for tenancy greater than one year. Per law this does not need to be in the lease. The law clearly states when and how much can be charged.
No matter what my lease says I cannot charge more than the law allows based upon the duration of the tenancy. The only reason I state what I can charge in my lease is so that the tenant is aware of it. I do not have to put it in my lease since it is law.
I believe the proration stops at the beginning of the 4th year. I do not know because I do not charge tenants anything for repainting if they stay at least 2 years.
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Old 12-12-2008, 03:28 PM
 
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In which part of the Civil Code Section 1950 (b) (1) - (4) does it provide an amount and say that you can charge such a fee? It does say that upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was at the inception of occupancy.

The landlord can charge if there is a damage exclusive of ordinary wear and tear (section 2 of this code).
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Old 12-12-2008, 04:36 PM
 
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I've been through it with the the Rent Stabilization board several times. I get things in writing from them anytime I speak to them. I do not ask them to cite codes, although I am sure they would if I asked. They give me answers and I follow those answers.
No matter how dirty the walls are, after a certain number of years the tenant is not responsible for painting. Less than one year and they are responsible. Holes in the wall and similar damage is the tenants responsibility always.
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Old 12-12-2008, 06:56 PM
 
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Holes in walls are not normal wear and tear and are the responsibility of the tenant as I mentioned before. Painting is not the responsibility of the tenant and does not equate to damages unless they painted the place red or something unauthorized by the landlord. So I don't agree with the less than one year scenario you are providing. If I were a renter and I leased from you or anyone else that was trying to get away with having me pay for painting a space even if it was built into the lease I would fight this (landlord's try to put things into the lease that aren't always legal and often get shot down in court).
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Old 12-12-2008, 07:35 PM
 
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Doesn't need to be built in to the lease. I put it in the lease for clarity. The LAHD dictates what a landlord can and cannot demand.
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Old 12-12-2008, 07:38 PM
 
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I'm going to agree to disagree with you and wish you luck with your tenants.
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Old 12-12-2008, 09:05 PM
 
1,319 posts, read 4,243,015 times
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I have good tenants. Never get major problems with them
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