Property Management & Landlord Tenant Law

Question 1

Property management agreement

Answer 1

defines the general agency relationship between the owner and property manager and sets forth the scope of the property manager’s duties and responsibilities over specific period

Question 2

Elements of property management agreement

Answer 2

1. Appointment (of broker) clause
2. Broker acceptance
3. Authority & powers
4. Owner responsibilities
5. Lead-based paint disclosures
6. Compensation
7. Agency relationships
8. Notice clause
9. Dispute resolution clause
10. Equal housing language

Question 3

Lease agreement

Answer 3

legally enforceable contract where an agent or owner of a property gives to another the exclusive right of possession of the property for an agreed upon amount of time in return for compensation

Question 4

Presumptions of lease agreements in CA law when info is missing

Answer 4

*Month-to-month tenancy
*Rent due at end of lease term if <1 year

Question 5

CA lease term limits

Answer 5

*Non-rural or oil/gas/hydrocarbon property = <99 years
*Agricultural/horticultural = <51 years
*Owned by minors/incompetent = set by probate court

Question 6

Max security deposit amts

Answer 6

*Residential = 2 mo (unfurnished) or 3 mo (furnished)
*Nonresidential = no max

Question 7

Landlord right of entry in cases of:

Answer 7

1. emergency
2. abandonment by tenant
3. court order
4. agreed upon repairs or other visits w/ 24 notice

Question 8

Warranty of habitability

Answer 8

LLs prohibited from leasing premises lacking: weatherproofing, hot/cold running water, sewage disposal, HVAC compliant with laws, utility systems up to code, sanitary conditions, maintained floors

Implies LL’s covenant to repair

Question 9

Writ of possession

Answer 9

sheriff to remove tenant from premises when LL possession granted by court

Question 10

Constructive eviction

Answer 10

LL illegally interferes with tenant’s right to enjoy property

Question 11

2 types of rent control

Answer 11

1. Ordinances WITHOUT vacancy decontrol: limit rent increases for new tenants as well as for existing ones
2. Ordinances WITH vacancy decontrol: allow a property owner to set rent for a new tenant upon the vacancy of that unit without restriction → new rent becomes subject to rent control laws

Question 12

Costa-Hawkins Rental Housing Act

Answer 12

exempts certain housing from rent control laws + no limits on allowable rent increases for new tenancies