County’s growth due to births, not migration

December 10th, 2011

Babies made up most of San Diego County’s new residents between July 2010 and July of this year. Those births helped “natural growth” – the difference between births and deaths – continue as the main source of population increases for the county. A similar pattern played out across California as rates of migration in and out of the state have basically canceled each other out, according to population estimates released Tuesday by the state department of Finance. San Diego County’s population grew by 0.9 of a percent; nearly all of it attributable to natural growth play a significant role, in contrast to the previous emphasis on migration to the county from other regions or states.

“As a result of recession trends and demographic shifts, net migration is no longer a driver of population growth in San Diego,” said Beth Jarosz, senior demographer at the San Diego Association of governments. “Over time, growth from natural increase will slow, but in total over the next four decades we expect more than two-thirds of total growth to be the result of natural increase.” Eventually, natural growth will ease as the mortality rate rises for the aging baby boomer segment. California’s population also grew less than one percent in the same July-to-July period. That was an increase of 260,000 residents, for a total population of more than 37.5 million residents. The modest growth was slightly up from the previous annual period, when California’s population expanded by 0.65 percent. Here are highlighted figures for San Diego County in the July-to-July time frame:

  • Grew: by 26,673 people
  • Births: 45,003
  • Deaths: 19,043
  • San Diego is the second most populous county in California. Los Angeles County is first.

Elizabeth Aguilera – U-T

 

Tips for Renters: Utility Charges and What You Need to H2know

December 7th, 2011

As a tenant in a multi-unit complex, it is likely that your water, sewage, and trash are included in your monthly rent. However, news of a recent trend has leaked to news sources. While the landlord is legally entitled to charging the renter for these services, they must do so in an accurate and calculated manner. Some unwary tenants are being charged for these services based on an estimation rather than an accurate measurement of usage, and we’re here to help you read between the lines to ensure that this unfair practice is not happening to you.

Do You Know How Much This Is Really Costing You?

Therein Lies the RUBS
You might be wondering just how said landlords are calculating these charges and why it should matter to you? Using a formula referred to as the Resident (sometimes Ratio) Utility Building System (RUBS), the landlord will take into account factors such as the number of tenants and apartments in the complex or the square-footage and divide it by the total bill.

Again, this practice is not necessarily illegal, but it is fundamentally flawed. In the end, it assumes that there is an even amount of usage between all tenants at all times. No matter what, someone will be paying more than their fair share and someone will be paying less.

Stay Thirsty My Friends
Here in California, water conservation is a big issue and something that every citizen should be conscious of. The RUBS system discourages any sort of conscientious effort to cut back on water usage because the extra use will be felt by everyone in the building. Given this knowledge, there really is little incentive to conserve because there is no reward for doing so. If your neighbors are taking 45 minute showers and you’re in there for 5, your bills will still be indentical at the end of the month.

Options to Consider
While the CPUC (California Public Utilities Commission) has declared that they cannot regulate landlord water billing activity, meaning landlords are free to use a RUBS billing method, you may request documentation of the bill to ensure that it is accurately reflecting your monthly charges. If the actual usage amount falls below the flat-fee that they are charging they would then be acting illegally. If this is the case, there are numerous options available to you, but hopefully legal action will not need to be taken.

While cases of profiteering are generally few and far between, if your residence is charging a flat-fee for theses services it is worthwhile to investigate simply to ensure the landlord is operating within the boundaries of the law.

Image: orrplumbing

Property Management On the Rise Both Locally and Nationally Reports Business Week

December 1st, 2011

Despite the clash between those who foresee more doom and gloom for the U.S. housing market & those who believe the worst is over, one thing all can agree on is the fact that the rental market is booming.

The massive wave of foreclosures in recent years has led to a growing demand for property managers as many homeowners are not familiar with the ever changing legal requirements for renting out their home and do not have time to attend to the needs of tenants personally.

Rancho Mesa's own Alan Townsend featured in Business Week

The New Landscape of Property Management Emerges

A recent article from Business Week highlights how the shift is changing the way traditional real estate firms approach the idea of property management. The author consulted Rancho Mesa’s own Alan Townsend:

“It used to be no one did property management,” said Alan Townsend, a San Diego real estate agent who has managed homes for the past 16 years. “It was the ugly part of the business.”

The article continues on to report that while property management firms have had an undesirable reputation in the past for unsavory business practices and poor communication with tenants, the rental landscape is changing and so is the public perception.

“We’ve certainly done our best to prove that property management companies can behave ethically and professionally, yet still be profitable” said Rob LeRoy, marketing director for Dwellings Seattle Real Estate.

San Diego Needs Grow, Business Booms
The growing need for professional property management is being felt here in San Diego especially. With a strong military presence and transient working population, the rental market is as strong as ever, according to the Union-Tribune.

One of the primary reasons for the need to consult a professional service when renting out your home is the increasingly complex legal regulations in California. In addition, the entire process of finding and screening prospective tenants as well as overseeing the management of the property itself proves to be a serious time commitment for many working professionals.

“There are a lot of hairy things…You can have the best-screened tenant and who knows? Maybe they lose their job, or go nuts and skip out, or bring a dog when the owner doesn’t want that. I’d say 95 percent of the time things go smoothly, but there’s always that 5 percent that takes 20 or 30 percent of your time” said Jay Young, co-founder of Real Property Associates, a management company in Seattle.”

Though the housing market appears to be slowly recovering, it does not appear that any quick fixes will be coming in the near future and the newly profitable property management field is only growing stronger. If you are thinking of renting out your home due to foreclosure or simply to make a few extra bucks, it would be wise to consider a consultation with property management experts who are familiar with California’s specific laws and can assist you in making the entire process smooth and efficient.

Landlord Lessons: Fill Up On Some Great Thanksgiving Property Management Reading!

November 25th, 2011

Heading into the 2011 Thanksgiving holiday we here at Rancho Mesa have a great deal to be thankful for. Our clients are top-notch and business is great despite the precarious state the real estate market is in.

Each year, while we sit back and take a few days to enjoy friends, family, and delicious food, we like to set aside some time to catch up on some reading and keep ourselves up to date with what’s current in the industry.

Whether you’re a fresh face or a seasoned vet in the property management business, you can never know too much about the laws and customs that dictate the legal relationship between you and your tenants. With that in mind we thought we would provide you with a few great free resources that discuss the in’s and outs of being a property manager in California.

California Tenants – A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities
A great tool for understanding some of the basics. It covers everything from pre-move in inspections to how to handle an eviction. This 80+ page .pdf will have the answer to just about any question you may have.

Rental Housing & Repairs – Who’s Responsible For What & How To Get Repairs Made: Legal Guide (LT-3)
Exactly what it says. Though the first guide touches on the general topic of repairs this resource explores every aspect in excruciating detail.

Rent Increases: Basic Information For Tenants
As with the repairs guide, the basic information regarding increased rental rates is discussed from the renter’s perspective. It’s always a great idea to step back and look at the situation through their eyes as well. It may help in gaining a better understanding of the situation as a whole and could make negotiating the process significantly smoother.

We hope these resources will provide some valuable insight and may answer some pressing questions you may have.

From all of us a Rancho Mesa we wish you a wonderful Thanksgiving holiday this year!

Tips for Renters: Concerning Repairs, Your Rights, & Wrongs

November 16th, 2011

Things get old. At some point, repairs and renovations will need to be made to improve your apartment or building. Whether that be replacing the roof or repairing a fence around the property, your landlord has a right to maintain the premises. But you have rights too.

Renting a home or apartment in San Diego is on the rise these days, and more people are renting than ever before. With so much turnover and tenants moving in and out, properties are bound to deteriorate. We’ve briefly touched on landlord-tenant law before, but this week we thought it would be great to focus specifically on some basic tips and advice concerning repairs in and around your property.

These aren't the only tools at your disposal - Get to know the law too!

The Implied Warranty of Habitability
This means exactly what it says. An unwritten promise that the landlord will maintain the apartment in the condition required by the housing code and will make the repairs necessary to keep the apartment in that condition.

 

You can use this great free resource to determine whether your repair indicates the landlord is violating the implied warranty of habitability and whether they have a duty to fix it. Remember, the conditions that make a rental unit legally uninhabitable can be very specific so doing your research beforehand could help avoid making any costly mistakes. A couple listed examples are

    • A lack of effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors
    • A lack of plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system
    • A lack of working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes

It is important to note that while the landlord may be in violation of one of the listed conditions, tenants themselves have a duty to to do specific things to keep the rental unit liveable. For example, tenants must:

    • Notify the landlord when dead bolt locks and window locks or security devices don’t operate properly
    • Dispose of trash and garbage in a clean and sanitary manner
    • Keep the premises “as clean and sanitary as the condition of the premises permits”

If you, as a tenant, have not been holding up your legal end of the bargain, the landlord may be exempt from their legal responsibility.

Basic Repairs and Renovations
The problems we just addressed generally apply to serious issues that would require an immediate fix. But what about the less pressing matters? The California Department of Consumer Affairs recommends that “It’s best for the tenant to notify the landlord of damage or defects by both a telephone call and a letter (or email). The tenant should specifically describe the damage or defects and the required repairs in both the phone call and the letter.”

If the landlord does not respond within a reasonable period of time to make the necessary repairs, there are multiple options available to you. While they are too complicated and in-depth to address here, the resource provided does a great job of breaking them down for you.

Remember, the key to effectively handling a situation concerning the state of your rental unit is communication. Become informed about the law first, and then address the issue with your landlord or property manager. Here at Rancho Mesa Properties we take pride in maintaining open lines of communication with our clients to ensure any issues are handling quickly and effectively. You should expect the same and nothing less.

 

Image: 123rf

Landlord Lessons: Last Month’s Rent and Security Desposits

November 8th, 2011

Ending a landlord-tenant relationship seems to only go one of two ways. If both parties are amicable and communicative in the split, the process tends to run smoothly. However, as is often the case where money is involved, things get complicated.

While there are a number of potential scenarios that can arise in the process of a tenant moving out, security deposits tend to cause the most stress for both parties. We have addressed some basics of Landlord-Tenant law before, but this week we thought we would get a bit more specific and discuss whether tenants have the right to use their deposit as their last month’s rent.

Hypothetically Speaking..
Imagine a fictional scenario wherein a tenant whose lease is about to end or is on a month to month lease decides it is time to move on. Rather than paying the rent for their last month, they claim that they have the right to forfeit their security deposit to cover the costs. Is this legal? What recourse would a property manager have in this situation?

Old Habits Die Hard
According to Steven R. Kellman, director of the Tenants Legal Center, “Charging last month’s rent is a convention that has faded away in practice but remains ever present in the collective tenant conscience. Many tenants believe that their security deposit has last month rent powers. This exists even in situations where the lease specifically states that the tenant may not use the deposit for last month’s rent.”

California Civil Code states that funds from the security deposit may be used to cover rent that is owed AFTER a tenant moves out or at the landlords discretion. It does not give tenants the right to opt out of their last months rent.

Help! I Need Somebody, Not Just Anybody (re: An Attorney)
Security deposits are designed to cover the cost of cleaning and damage repair beyond normal wear and tear. Within 21 days, the tenant will receive the balance that remains after this accounting has been done.  Allowing a tenant to use their deposit as rent will likely leave you in a position where the remaining balance will not cover these additional costs.

So, what is our hypothetical landlord to do? The best option is a Notice to Pay or Quit. A Notice to Pay or Quit is legal notification to a Tenant that rent must be paid within 3 days or the Landlord will initiate actions to recapture the premises.

If the tenant refuses payment, you will likely need to begin the eviction process and contact an attorney to assist you. Doing so will give you back possession of the unit itself as well as award you a money judgment to cover the cost of unpaid rent as well as attorney and court fee’s.

Hopefully you will never need to step foot in court, and indicating to the tenant that you are willing to take legal action against them ought to be enough to get them to pay before they owe significantly more.

While there are many different variations on the above scenario, we hope this shed a bit of a light on an interesting situation that could very well arise while managing a property. As always, we recommend contacting real estate professionals to assist you in addressing your specific case.
Source: Ehow

Tips for Renters: Know Your Rights as a Tenant During a Short Sale

November 1st, 2011

A few weeks back we covered the basics of Landlord-Tenant law and some essential information you might not have been aware of. This week we take a look at a growing trend in California, the short sale, and how it can affect tenants of properties that are in the process of a short sale.

The term “short sale” is something many have become familiar with, whether they be homeowners or renters. Essentially, a short sale takes place when a property owner is faced with foreclosure and opts to pay the original lender an amount that is less than their full debt in exchange for relief from the mortgage. The lender immediately takes control of the property and the former owner is freed from the situation. Seems simple enough, but what happens when the property is rented out at the time of the short sale?

Tenants caught in the midst of lenders and property owner negotiations usually have little to no clue about their rights in a short sale. In California, renters are protected but there is a limit to how much protection they are afforded by law.

Hey, No One Told Me! I Signed a Lease!
It might come as a bit of a shock, but as a tenant, the owner of the property does not have to inform you of a pending transfer or that the property has been sold prior to the actual event under California law. According to California Real Estate attorney John Stevens, “It should be noted that renters have a right to possess the property and nothing more. California contract law does recognize lease agreements that require the property owner to give notice of a pending transfer, but such agreements are very rare.”

But…My Lease?!
Whether the lease survives the short sale will be determined by the purchasers knowledge of the lease at the time they take possession. They will need to have “actual” or “constructive” notice of the existence of the lease at the time of the short sale.

Actual notice means just that, a physical notification or something similar while constructive notice is a legal term meaning that while they may not have known, they SHOULD have known.

Generally, a purchaser will not be given actual notice of a pre-existing lease, however courts are likely to find that they SHOULD have known if the lease existed at the time they began the short sale process. If either of these two conditions are met, the new owner must honor the lease and essentially steps in as the new landlord and is allowed the same rights as the old.

Alternative Options for the New Owners
California law allows for the new landlord to bring an eviction action called an “unlawful detainer” against the tenants. If the lease survives the short sale process however, the tenants can defend their right to remain unless they have broken the terms of the original lease agreement.

Another alternative for new owners is to offer the tenants an agreed upon amount to move out in short period of time. Sometimes referred to as “cash for keys,” this method seems to be mutually beneficial for all parties involved, but is not required by law. If you find yourself a tenant in  a short sale situation, it would be wise to discuss whether this option is available to you.

This short synopsis is meant to be a primer on a growing trend in California as rentals are on the rise and short sales play a larger role on the market. Consult the experts at Rancho Mesa Rentals to discover your rights under California law and how they can affect you.

Source: TotalMortgage

Landlord Lessons: Early Advice for the Prospective Landlord

October 28th, 2011

It’s no secret that real estate  industry experts have had one thing on their minds recently. The double-dip. Maybe not this month, or next, but the word around insider circles is that the housing market is primed to take another hit in the future. While prices are low for buyers, sellers are having a tough time getting things off the ground. If you’re in the market for a new home but are worried about the value of your current one, renting may just be the answer you were looking for. It’s a big decision to make, so before jumping right in, we’ve got a couple quick tips for you.

Get a Sense for the Actual Financial Costs
Ideally you’re new tenants will be helping  you cover a good portion of the monthly mortgage payments, but there are certainly some additional costs that are associated with renting. The most glaring is a rise in insurance once you’ve moved out the home.

Another obvious cost is the maintenance of the premises (backed up pipes, broken stoves, etc). If you’re moving far away from the property or simply don’t want to deal with the hassle, a professional management company such as Rancho Mesa Properties will handle the basic upkeep for a percentage of the rent.

Can You Cover Your Expenses?
Another key bit of research is investigating the surrounding area to determine the going rates on other local rentals. Covering your costs will be difficult indeed if you must lower your rates to be competitive.

Keep in mind, though, that if you can keep within an affordable range of your monthly expenses, renting can still be a viable option. A home that appreciates modestly for a year or two can still sell high enough to put back on top again.

Consult Legal Advice
Seeking the professional consultation of an attorney who specializes in real estate is not exactly cheap. However it is a small expense to ensure that you are operating within the boundaries of the law and can save you untold costs in time and money down the line. Avoiding the red tape is almost impossible, but a professional can help you navigate it.

While the housing market crash has brought considerable change to the industry, handling the curve balls is part of why we’re still around today. If you would like to know more check us out on Facebook or browse the site and give us a call!

Source: PaoloPunzalan

Tips for Renters: Landlord -Tenant Law, What You Need to Know

October 21st, 2011

This week in our Tips for Renters series, we take a look at some of the essential rights and responsibilities that you take on when entering into a legal relationship with a landlord. Exciting stuff, we know, but important nonetheless! Being aware of what your legal responsibilities are as a tenant could save you some stress (and hopefully some money) in the long run.

The Right to Exclusive Possession
This is a fairly well known rule which basically means that while the landlord owns the property, as a tenant, you have the right to your own privacy and can deny your landlord entry. The landlord may give you 24 hour notice of their intent to enter, however, if they choose to exercise this right at an unreasonable time (late at night/early in the morning) or abuse it to simply do some snooping you may refuse. Be careful though, landlords have their own set of rights and responsibilities as well, and denying them entry without a good reason when they have given you notice runs the risk of crossing the line and creating a very unpleasant (and potentially illegal) situation.

The Right to a Habitable Home
Another basic right that many people OUGHT to know but can be overlooked if you get put in a tight spot and have to make a move on short notice. Essentially this means that the property itself MUST be safe, sanitary (no creepy crawlers), have proper wiring, plumbing, heating, and weatherproofing. If ANY of these basic requirements are not met, you MUST inform the landlord immediately and they will be required to fix it. We all know how some landlords can be (re: flaky) so even if it’s just an uncovered electrical outlet you must keep on them about it. If they refuse to take care of it in a prompt manner, you may elect to repair it yourself. However…

Your Right to Maintain the Property When making any sort of repair to the property, you must inform the landlord and provide them with documentation of all expenses (receipts, service bills, etc) if you wish to deduct the costs from your monthly rent. The law limits the time you have to wait before making the repair, the kinds of problems you are allowed to fix, and the amount of money you are allowed to spend so it’s always best to avoid this option is possible.

We hope you take the time to read over your rental agreement and do a thorough inspection whenever you choose to rent a new property. The experts here at Rancho Mesa can assist you with any questions you may so don’t hesitate to contact us!

Know of any handy legal tips for fellow renters? Leave a comment on our Facebook and let us know!

 

Soure: TenantScreeningBlog, HowStuffWorks

Landlord Lessons: 5 Tips To Sell Faster

October 16th, 2011

The home next door is in foreclosure. The neighbors down the street just put their house up for sale at a ridiculous discount. And “For Sale” signs litter lawns all over town. Welcome to the toughest selling conditions in years. The bright side of selling a home in a down market is you get to seek your own bargain if you’re going to buy after you’re done. Closing a sale, however, can be teeth-grindingly slow if you don’t do everything right and maybe even if you do. “It’s probably the worst time you could find to sell a house since the late ‘70s or early ‘80s,” says Loren Keim, professor of real estate at Lehigh University. Sales of previously occupied homes continue to sag after hitting a 13-year low last year. Even real estate professionals can be flummoxed by this market. “Realtors sometimes shake our heads at the perceived randomness of it all,” says Katie Severance, a broker for ReMax in Upper Montclair, N.J. A house that’s in a good location, fully updated and seems perfectly priced might sit on the market without a nibble. Meredith Gray is leaving nothing to chance in selling her four-bedroom colonial in Norwalk, Conn. A freelance fashion stylist and writer, Gray, 53 has taken every action she could think of to get an offer for the house she and her ex-husband bought 17 years ago.

Price Aggressively

Prices have plummeted. Only 4 percent to 10 percent of homes on the market nationwide sell in a given month right now, says Loren Keim, professor of real estate at Lehigh University. A typical selling time for a home the past two years has been eight to 10 weeks. But that time frame makes selling sound easier than it is, because it doesn’t factor in all the homes that never sold, or were pulled off the market and later re-listed. With that in mind, Keim says you need to ask for at least 1 percent less than competing homes. Holding out for a higher price generally doesn’t work well in this market, either. Among homes that took at least four months to sell, nearly half the owners accepted less than 90 percent of their asking price, according to the National Association of Realtors many far less. Days on the market can be a helpful statistic, The specific sales data can provide valuable insight. But don’t focus on the overall average for a specific location. This can be misleading because it accounts only for homes that sold. Also, homes that were pulled off the market and re-listed start the clock back to zero. Sellers often like to look at the Ratio of list price to sales price. Your local ratio indicates how much a typical seller came down from the list price. Be wary of using that to justify refusing to lower your price, however. It, too, does not reflect all the homes that failed to sell that month.

Stage like a Pro

You may not be able to compete with the price of homes in foreclosure or with short sales, those in which a lender is allowing the seller to list for less than is owed on the mortgage. But you can outshine them when it comes to the condition and appearance of your house. “Staging is no longer optional,” says Katie Severance, a broker for ReMax in Upper Montclair, N.J. “It’s like a boot camp that the seller and listing agent go through together.” It can be an intense period of planting flowers, painting and depersonalizing the house so buyers can envision themselves living there. Getting rid of clutter and rearranging rooms to highlight the best features also are essential. What’s new this year is that many sellers are willing to go beyond the basics of staging to make physical upgrades. “They’ll do whatever it takes to look better than the house down the street now,” Severance says. One of her clients this year hired a contractor to turn a three-bedroom, one-bathroom home into a four-bedroom, two-bath. The month-long, $15,000 renovation paid big dividends: The house sold for at least $50,000 more than it was expected to otherwise.

Go All-Out Online

Sellers used to post photos of their homes online only sparingly to entice buyers to visit. No longer. With about 90 percent of buyers starting their search online, according to the National Association of Realtors, you can’t just tease and hope. “That whole strategy is thrown out the window, because all listings are online and there are so many that you have to compete for people’s attention,” says Amy Bohutinsky, chief marketing officer of Zillow. Agents recommend putting lots of high-resolution photos and as much information as possible online, including citing upgrades and what you love about living in the home. If you don’t show a photo of a key area – Kitchen, bathrooms, backyard – prospective buyers may assume there’s something wrong and move on. It’s important to remember that buyers are going mobile, too. The use of smart phones and apps to review listings has exploded. Nearly 1.8 million homes are viewed daily on Zillow’s apps alone, and the service says 30 percent of its weekend traffic and 20 percent overall comes from mobile devices. So, make sure your listing agent markets your home in as many places as possible – from AOL Real Estate to Zillow – with a special emphasis on sites that work well for mobile access.

Be Flexible With Buyers

The single biggest change in the real estate market since the Great Recession is tighter financing, according to John Vogel Jr., real estate professor at Dartmouth’s Tuck School of Business. Banks once freely dispensed loans for 95 percent of a home’s value, but a requirement of 20 percent down is becoming the new normal in many cases. And any perceived imperfection in a credit record can spell denial. As a seller, you have to be very conscious of how hard it is now to qualify for loans,” Vogel says. If you’re about to accept an offer; make sure you inquire about the down payment and are informed about the buyer’s financing status. Consider accepting an all-cash offer, even if it’s not your highest. If your buyer is hitting a roadblock, consider talking with the lender to help structure a deal. Don’t be afraid to speak directly to the prospective buyers. If they say they’re leery about committing to a home in this environment, you can help make the case. Be ready to show them any recent local statistics indicating that owning is better financially than renting, as is the case in many areas. And if you don’t accept an initial offer, share information to encourage a counteroffer and be ready to bridge the gap to close the sale.

Don’t Rush To Rent

The fallback for many homeowners who can’t sell is to rent the property. That’s the case with Gray, who wants to be out by winter. But it’s a strategy that carries risk. With so many foreclosed and underwater houses on the market, Vogel says there’s at least a 50-50 chance that any given house will be worth less in a year than it is now. Not only that, you may be planning to move out of town, so renting would entail being a long-distance landlord. Vogel says homeowners may need to take a deep breath and treat their house as a sunk cost – money that has been spent and cannot be recovered. “The house today is worth what it’s worth,” he says. Accepting that advice may bring perspective and help you sell in the worst market in years.

Dave Carpenter