All Forum Posts by: Tricia O'Brien

Zillow

People who give fake landlord references are a red flag.  I sometimes figure this out when they give me someone's name as their last landlord at a single-family home. I talk to the reference on the phone. Then I check the tax records and that person is not one of the owners

@John Kunick

@John Kunick

Hello!  My realtor recently told me that it is illegal to use a tenant's security deposit to pay unpaid rent.  He says the security deposit is only supposed to be used to pay for damages to the property. Is this true?? 

I looked up the law related to security deposits , California code 1950.5.  I found it on :  leginfo.legislature.ca.gov.  

It seems to say that one of the things a security can be used for is "The compensation of a landlord for a tenant's default in payment of rent. " 

What do you all think? 

 This realtor  recommends, for tenants without a verifiable rental history (like young adults who have only rented from their parents), you should collect at move in: the first month's rent, the security deposit, and the last month's rent. That way if they don't pay, you can use the "last month's rent" to pay yourself while you are evicting them.  If you collect a double security deposit, you cannot dip into that security deposit to pay yourself for that last 2-3 months of rent while you are evicting them and they are not paying rent.

Any replies would be appreciated! :) 

What is the current HUD or other govt agency position on what we can ask tenant applicant who claim they have a service dog? I have a tenant applicant who claims she has a 60 pound dog who is a service dog. She presented one of those bull**** certificates from www.servicedogcertifications.o...  She states the dog went through special training in Florida to assist her with anxiety and panic attacks. Supposedly the dog can assist her to the ground if she starts to pass out due to a panic attack.  Can I request or require her to present proof of that completed training in Florida as part of my tenant screening ?  Or... Can I require her to do a meet and greet with the dog so we can see if the dog is well behaved? The rental home is in California. Thanks ! 

An applicant for my house in California has recently lived in Massachusetts and New Hampshire, and I want to do my own background checks by county.  If I know she has lived in Merrimack county New Hampshire, is there an easy way to check eviction records or criminal records online?  For example, in California I can google "Case index Stanislaus County California" and put in someone's name and date of birth and see if they have any active cases or certain types of convictions. Anything like that for NH or MA?  I know the nationwide criminal background checks can miss a lot. Any replies would be appreciated! 

@Gloria N Gear

Hi Gloria,

I looked up the proposed law and it looks like it does have a rider.  It looks like it is proposing that the attorney general can dissolve certain "public benefit corporations" if a corporate landlord is found to be negligent, and there is some pretty vague language about what is covered. I believe this got started because of a problem with a corporate owner of an apartment complex in Indianapolis called the "Indiana Arms Apartments". 

Looks like it is an affordable housing complex with about 36 units.

It looks like the law is trying to target corporate Non-profit organizations that own or run affordable housing apartment complexes.

If you Google "Indiana Arms Apartments" you can see some news articles about it, especially one published around Feb 1, 2023.

Would like any additional info if anyone finds out more info about how this is progressing through the legislative process...especially if the proposed bill gets expanded to include private landlords! 

@Nathan Gesner

Does anyone know where I can find the text of this proposed law online ?  Laws are like most things in our lives... the devil is in the details

 My phone alerted me that on Feb 1 the Indiana state legislature passed a bill related to landlord/tenant rights, and I wanted to know what do all the other Indiana investor think of it ? ? And does it have a chance to pass the state senate and be signed into law? 

Let's hope we're not going to become another California!

My understanding is that it allows the Indiana attorney general to go after a landlord if they don't repair something within 45 days after getting notified of a repair need in writing.  Is this correct?  Does the proposal only apply to corporate landlords or also Mom and Pop landlords,  who  own say 4 or fewer units,  in its current form?  And can the written notification come from a tenant? Or is the proposed law referring to written notification from a court or other government entity?  

What repairs are covered by the bill ...heat, electricity, natural gas, leaking roofs, broken windows, etc etc?  Or any repair request?

Any replies would be appreciated! 

What are turn key rentals in class C neighborhoods in Memphis going for these days?