All Forum Posts by: Sarah D.

@Dominic R. Even under SCRA you are required to give 30 days notice.  Plus, they aren't moving to another town or leaving the area.  They moved 5 miles away and the wife is staying in town during the deployment.

Can't decide if this is a good business decision or a petty decision.

• Tenants provided 17 day notice to vacate
• Tenants were advised that they are in violation of the lease by not providing 30 days notice.  
• Tenants come back with sob story about how short notice is due to upcoming deployment (they are moving across town, wife is staying here during deployment, no military documentation provided)
• Move out date is accepted; if they want out that bad I don't want to force them to stay for fear of damages

By CA law we can withhold 13 days of rent from their deposit due to insufficient notice to vacate.  From the CA court website:

"If you pay rent once a month, you have to give your landlord 30 days’ notice in writing. If you do not, the landlord can charge you for the unpaid rent even after you move out. Unless a new tenant pays the rent, you will have to pay for those 30 days. If you pay rent every week, you have to give 7 days’ notice."

So my question is, would you withhold the 13 days rent?  

Change mold to mildew and nobody cares.  

Have you ever lived through any renovation work?  It's rough.  And from a liability standpoint I would not want to do it.  

@Thomas S.  They paid January in full, and are moving out 2/10.  So February is the prorated month.  In CA (from the reading I have been doing prior to and since posting this) we can only collect on the additional days of the 30 day notice they didn't give.  Unless, as you mentioned, we have another tenant move in during those 13 days.

@John Thedford We're on top of finding new tenants; in our market it (thankfully) hasn't been a problem.  

@John Underwood  Thanks for your thoughts.  I'd only want to get the prorated 13 days rent paid.

Our tenant just gave 17 days notice of move out, violating the lease requirement to give 30 days notice.  CA law states that the security notice can be used for:

• Unpaid rent (including rent owed if the tenant does not give the landlord the proper notice that he or she is moving out).

Anyone have any experience or thoughts on doing so?

@Cara Lonsdale  I assumed kitchen cabinets fall under 27.5 yr schedule; if you have found differently please let me know.  No tile added by us in the reno.  Roof is in good condition, would need a formal assessment to depreciate it on a different schedule.  For a property of this size the cost of the studies can easily outweigh the potential savings.

@Yonah Weiss  Thanks for your thoughts!  A formal study wouldn't make sense given the cost of the study vs the potential tax savings for such a small property.  I suppose I could just depreciate everything at the standard 27.5 years to be safe (except maybe appliances?) and then accelerate the depreciation when the item reaches actual end of life/has to be replaced.

Can anyone confirm if I am correct in my thinking?  We finished rehab of a 4 unit property and put it into service in 1/2017.  I would like to separate depreciation for the following items that were part of our rehab costs:

• New appliances- 5 year schedule
• Carpet- 5 year schedule
• Vinyl plank flooring- 27.5 year schedule (is this correct?)
• Landscaping- 15 year schedule
• Everything else (kitchens, electrical, bathroom upgrades, paint costs, etc)- 27.5 year schedule

Your thoughts are appreciated (pun intended ;))