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No. 229
WBy C. Finley Beven
e were accompanying the city inspector through the apartments as part of the required inspections process. When we got to No. 3, we were very surprised. Our tenant had been with us for several
years, and never been a problem. His unit had been inspected before, without any deficiencies. Somehow, since that last inspection, this tenant had turned into a
“HOARDER”. There were boxes everywhere. There were piles of newspapers everywhere. There was so much accumulated “stuff” in this unit that it was difficult to get from room-to-room. And the house was filthy. Imagine a sink full of dirty dishes, and then expand and project that image to the whole unit. Truly, some sort of mental illness at work here.
Of course, the city inspector “wrote up” the unit, with a demand that it be cleaned, and made safe. We took several photos to back up what the inspector was writing.
To resolve this, we resorted to paragraph 16 of our House Rules, which reads as follows:
“... All tenants agree to keep their units in clean and sanitary condition, keeping all surfaces, fixtures, tubs, toilets, sinks, appliances, carpets, blinds, and drapes clean throughout their tenancy. Tenants agree to keep clear passages of at least 36” throughout the unit to facilitate easy exit in case
This Probably Never Happened to You, But...
of emergencies. With the exception of furniture, Tenants agree to keep floor areas clear to permit periodic cleaning.”
Based on this provision, the tenant was in clear violation of his lease. The provision gave us the means to use a “3-Day Notice to Conform to Covenants”. The rest of this situation was rather predictable. We actually did not return to the unit for one week, giving the tenant reasonable opportunity to correct the problem. We then delivered a 24-hour notice of intent to enter, and when we did, we found just what you might expect. Nothing significant had changed. Sad to say, but some people like this either will not change, or cannot change.
We took more photos for proof and sent them off to our eviction attorney. We really did not want to evict, but we did need to take this to the next level. She did her work, and after eviction related papers were served, somehow our tenant got the message. He did make a serious effort to clean his place well enough to get us past the city requirements. This process was just part of our business, but it was made easier by that provision in paragraph 16 of our House Rules. Copies of our House Rules are available, on request.
Dear Readers: This article is the 229th in a series based on the lessons we have learned the hard way. The contents of these articles are merely opinions of the writer. They are not intended as specific legal advice and should not be relied upon for that purpose. Our practice is in constant refinement as we adjust the way we operate to an ever- changing rental market. I always appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, CPM, CCAM, JD.
C. Finley Beven has been involved in real estate, property maintenance and property management since 1975. He is a Certified Property Manager (CPM), Institute of real estate Management since 1987. He is also a Certified Community Association Manager (CCAM) and is a member of the California Association of Community Managers. He has a brokers License #00696626 in the State of California. He has a BA, USC; JD, Southwestern University
Beven & Brock Property Management Co., Inc.
99 S. Lake Avenue, Pasadena. (626) 243-4145 Fin.Beven@BevenandBrock.com - www.BevenandBrock.com
72 DECEMBER 2021 - APARTMENT MANAGEMENT MAGAZINE AMM2