All Forum Posts by: Carlos Lez
Carlos Lez has started 29 posts and replied 85 times.
Post: Applicant puts down security deposit and then changes their mind/
- Posts 85
- Votes 22
A sight unseen addendum would be a great idea. Would you happen to have one that I could use.
Also, is there any addendum that says that the deposit, whether it be called a security deposit or holding deposit that would be forfeited incase the lease is not signed or something to that effect?
Post: Applicant puts down security deposit and then changes their mind/
- Posts 85
- Votes 22
Quote from @Greg Scott:
You don't have a lease, so you are holding their money with no legal right to keep it. Return the money.
FWIW, never take the property off the market until you have a signed lease. Sounds like you only had it off-market for two days, so it isn't a huge loss.
Post: Applicant puts down security deposit and then changes their mind/
- Posts 85
- Votes 22
I have a prospective tenant who put down a security deposit for a property that they insisted they don't want to visit and are sure of renting. The communication we have had with them clearly describes the property, address and has photos. Then they come and see it in person 2 days later and said this is not the property I believe it was and I don't like it. Now they want the security deposit refunded to them.
Please advise on how to proceed with this? We had taken the property off the market and stopped advertising and invested time to communicate with them. Please note that I have not signed anything with them. All communication was done via email and messaging.
Post: Tenant reported fungus/mold on a small section of the bedroom ceiling
- Posts 85
- Votes 22
Quote from @Joseph Hammel:
I agree with most above. Sounds like a pretty minor thing. Nothing that you need such measures for. Adding as a note we have this in our lease:
"Tenants shall notify the landlords if the property will be unoccupied for more than seven days."
We also added a line about keeping humidity levels bellow 60%
is there any best practice about how often should an apartment be checked if a tenant is gone for say more than 15 days or so?
Post: Tenant reported fungus/mold on a small section of the bedroom ceiling
- Posts 85
- Votes 22
Quote from @Henry T.:
Quote from @Carlos Lez:
Quote from @Henry T.:
If its wet you have a leak. If it's dry, cover it with a oil based primer, then 3 hours later paint it. Done.
it is dry and the section is not that large. We cut open the drywall and pulled out the insulation to identify the source of leak on the roof. There was no mold or wetness found. Now I just need to replace it with new sheetrock.
Any recommendations on if I should spray anything inside before putting in the new insulation battings and closing this up, in case there are any lingering spores? Also what is your advice on what to prime the new sheetrock with to just be sure nothing else erupts later.
I will get a air quality assessment done to be sure it is all good before the tenant moves back in.
Also are there any recommendations for licensed air quality inspectors who can certify in the SF Bay Area? Thanks for the engagement.
Here's my take on the matter. You go to a surgeon, and they'll cut you. Go to a holistic doc and he might give you some herbs. Air quality assessment? F that! If I was gonna go that route, I'd better see webbing that I have to fight thru the room with a machete. We're all gonna die!! But not from mold....If there's no wetness, there's nothing to worry about. Close it up, paint, and find some older tenants that haven't been brainwashed.
Post: Tenant reported fungus/mold on a small section of the bedroom ceiling
- Posts 85
- Votes 22
Quote from @Henry T.:
If its wet you have a leak. If it's dry, cover it with a oil based primer, then 3 hours later paint it. Done.
it is dry and the section is not that large. We cut open the drywall and pulled out the insulation to identify the source of leak on the roof. There was no mold or wetness found. Now I just need to replace it with new sheetrock.
Any recommendations on if I should spray anything inside before putting in the new insulation battings and closing this up, in case there are any lingering spores? Also what is your advice on what to prime the new sheetrock with to just be sure nothing else erupts later.
I will get a air quality assessment done to be sure it is all good before the tenant moves back in.
Also are there any recommendations for licensed air quality inspectors who can certify in the SF Bay Area? Thanks for the engagement.
Post: Tenant reported fungus/mold on a small section of the bedroom ceiling
- Posts 85
- Votes 22
Quote from @Alexander Gilson:
Quote from @Carlos Lez:
I was notified yesterday that a tenant 's friend had noticed a water damage and fungus/mold patch on their bedroom ceiling when they entered their unit yesterday,
BACKGROUND: Please note that the tenant has been out of town for over 2 months and a friend occasionally goes to deliver their packages etc when they noted this. We have had pockets of intense rain for 3 days and then dry hot periods this winter.
Our roof was replaced 2024 January but no leaks seen in 2024. There is a patio around the general area (not touched during the reroof) on this water damage and it could be the patio or the roof that is causing this leak. Please note that the patio has been fine all along before the re-roof so it is likely still okay but this has to be determined by opening the ceiling and then first flooding the patio to see if there are leaks, if not then it is the section of the roof. I have a few questions relating to this , that I'll be grateful if you can help me address. There are a lot of dependencies here;
The tenant wrote ;
I will return in 2 days. In the interim, could you provide me with a detailed timeline for the assessment and repairs for this issue? Additionally, could confirmation of habitability with an official mold inspection and testing of air quality be provided in accordance with California Health and Safety Code (HSC §17920.3) and Palo Alto Municipal Code 9.72?
I am concerned about the impact on my health. While testing, assessment for mold, and repairs are conducted, will there be assistance in relocation? I would like to stay in comparable housing in the interim.
I need help with the following;
1) When they say 'comparable housing', am I obligated to provide a 1 bedroom apartment or a hotel room would suffice?
2) The black patches are only on the bedroom ceiling. Could I block off the bedroom for 4-5 days while the work gets done and offer them to stay in the living room on their mattress or sofa bed for a reduced rent.
3) Could I offer to let them to find their own place for the few days and refund them per diem for the days they have to live elsewhere. Please note we are not asking them to move anything out of the apartment.
4) They have renters insurance. Should their insurance pay for hosting them but how can we ensure that their insurance company does not subrogate the landlords policy (their lease clearly states that).
Anything related to mold is expressly excluded from the policy. I am only happy that we have an insurance policy. Frankly I don't expect much from it other than catastrophe coverage and to satisfy the lender. Unfortunately this is what it has become in CA. If I touch insurance for this they won't insure me in their next renewal or jack up premiums to multiple times of what I may have spent in this process. I am even hesitant to involve the renter's insurance for the same reason. They will most certainly try to subrogate the landlord insurance and we are back to square one.
Post: Tenant reported fungus/mold on a small section of the bedroom ceiling
- Posts 85
- Votes 22
I was notified yesterday that a tenant 's friend had noticed a water damage and fungus/mold patch on their bedroom ceiling when they entered their unit yesterday,
BACKGROUND: Please note that the tenant has been out of town for over 2 months and a friend occasionally goes to deliver their packages etc when they noted this. We have had pockets of intense rain for 3 days and then dry hot periods this winter.
Our roof was replaced 2024 January but no leaks seen in 2024. There is a patio around the general area (not touched during the reroof) on this water damage and it could be the patio or the roof that is causing this leak. Please note that the patio has been fine all along before the re-roof so it is likely still okay but this has to be determined by opening the ceiling and then first flooding the patio to see if there are leaks, if not then it is the section of the roof. I have a few questions relating to this , that I'll be grateful if you can help me address. There are a lot of dependencies here;
The tenant wrote ;
I will return in 2 days. In the interim, could you provide me with a detailed timeline for the assessment and repairs for this issue? Additionally, could confirmation of habitability with an official mold inspection and testing of air quality be provided in accordance with California Health and Safety Code (HSC §17920.3) and Palo Alto Municipal Code 9.72?
I am concerned about the impact on my health. While testing, assessment for mold, and repairs are conducted, will there be assistance in relocation? I would like to stay in comparable housing in the interim.
I need help with the following;
1) When they say 'comparable housing', am I obligated to provide a 1 bedroom apartment or a hotel room would suffice?
2) The black patches are only on the bedroom ceiling. Could I block off the bedroom for 4-5 days while the work gets done and offer them to stay in the living room on their mattress or sofa bed for a reduced rent.
3) Could I offer to let them to find their own place for the few days and refund them per diem for the days they have to live elsewhere. Please note we are not asking them to move anything out of the apartment.
4) They have renters insurance. Should their insurance pay for hosting them but how can we ensure that their insurance company does not subrogate the landlords policy (their lease clearly states that).
Post: Tenant's cosigner asking to break lease due to medical reasons
- Posts 85
- Votes 22
From internet search/Turbo Tenant: 'In certain instances, breaking a lease in California due to a medical condition might be possible. If your medical condition qualifies as a disability and your current living situation isn't suitable, you might have grounds to break your lease without penalty.' (End) The physician note must be on letterhead and signed.
If it were me, I would let all lease holders know that:
1. You appreciate them letting you know of the situation and hope for his speedy recovery.
2. Unless the medical condition meets the state criteria for early termination and that the medical notice does not appear to suggest that, you cannot terminate the lease outright/immediately but that you will begin to market the property for rental and upon securing an acceptable tenant, the lease can be terminated pending a satisfactory property walkthrough indicating no damages. I would restate that the lease will remain in place until such time that a new tenant is selected and moves into the property.
This approach will ensure your cash flow while acknowledging that 'stuff happens.' I would also do a property walkthrough asap and determine if the tenant will be occupying the property until termination is possible or leaving. He can leave - but he will still be on the hook for rent until someone else is found to assume it.
Hope this helps. Fun, huh?
Patricia,
Thank you for a detailed and a very helpful response.
Post: Tenant's cosigner asking to break lease due to medical reasons
- Posts 85
- Votes 22
thank you for your very helpful responses. To the point if the medical reason I agree it is likely a mental health kind of thing. Which may not be good news as it may constitute a disability in a broader sense? Is a mental health condition considered a disability?