Home > FAQs
For questions and answers about mold, click here
For questions and answers about lead paint, click here
1. Your management fee is based on the "scheduled rent." What does that mean?
Scheduled rent is the rent assigned to a particular unit. Out fee is based on a percentage of that rent.
For example, if the scheduled rent for one unit is $1000.00 per month, and the management fee for
the building is 5% of the scheduled rent, the management fee for that unit is
$50.00 per month.
If there are 4 units in the building, each being rented at $1000.00 per month, and a 5% management fee for the building, the monthly management fee for that building is $200.00 per month.
Our minimum charge for management is $200.00 per month.
2. Do you charge extra to fill a vacancy?
No. This service is included with our management fee.
3. Are there any long-term contracts required for management?
No. The client or PPM may terminate the agreement with 30-days written notice. We only want satisfied customers.
4. I am moving out of the area. Do you offer direct-deposit of my rental income? Can you forward my statements to me?
Yes to both. We have many out-of State/Country clients who enjoy the convenience of these services, at no additional charge!
5. Do you offer eviction services?
Yes. We will refer the case to Dennis Block, Esq. and file an unlawful detainer for $100.00 (uncontested, plus costs).
6. May I speak with some of your existing clients?
Yes. References are available upon request.
7. Are you bonded?
Yes. We are bonded with Western Surety Company. A copy of our fidelity bond is available upon request.
8. Tell me about your weekly radio program...
We host a live call-in radio program about landlord-tenant issues with Attorney Dennis Block. The program can be heard on KRLA 870 AM on Thursdays at 9:30PM. You can also listen to the program over the Internet by clicking on the "Landlord-Tenant Radio" link on our homepage. Call 1-800-770-1540
to have your questions answered on the air!
9. Tell me about Landlord-Tenant T.V.?
Landlord-Tenant TV is a web-based T.V. show with free instructional videos from Attorneys, contractors, and other licensed professionals. To access he show, simply log onto our website at www.parkside123.com. Then, click on Landlord-Tenant TV. There is a free link to windows media player, which is required to watch the videos.
10. Must I pay the tenant interest earned on a rent controlled apartment security deposit?
If the security deposit has been kept in an interest-bearing account, and the apartment is in the city of Los Angeles, you must pay interest to the tenant at the following rates:
12/6/90 to 12/31/00- 5%
2001- 2%
2002-O%
2003-1%
2004-0.26%
2005-1.21%
2006-1.74%
The interest is computed annually on the deposit and is computed as simple interest, not compound.
11. When do I need an "on-site manager" and how much must I pay him/her?
The law requires a landlord to have an on-site manager if the building has 16 or more rental units. Apartment manager's salaries are controlled by the minimum wage law. They must receive $6.75 per hour worked. If they work more than 40 hours per week, 8 hours per day, or more than 6 consecutive days, they must receive $10.13 per hour in overtime pay.
12. Are there any exceptions?
Yes. The owner may reduce the wages owed to the manager by the lesser of 2/3rds of the rental value of the unit, or $321.20 per month for a single manager, or $563.90 for a couple. These are the respective amounts that an owner may deduct from the manager's minimum wage.
Also, if the owner pays the manager full minimum wage, the maximum amount the owner may charge the manager(s) for the unit they live in is $381.20 for a single or $563.20 for a couple.
13. Can you give me a working example of the rule?
If the rental value of the unit is $900.00 per month and the manager is employed for 80 hours each month, he is entitled to receive $158.80 per month from the owner. This is calculated as follows: 80 hours at $6.75 per hour=$540.00, which is the minimum wage due. A rent reduction of $381. 20 is correct as the lesser of 2/3rds the rental value of the unit (which would be $600.00). $540.00 minus $381.20=$158.80 due to the manager per month. Please apply the same formula to hiring a couple, except instead of the $158.80 figure, apply $563.90.
The owner may also elect to charge the manager 2/3rds of the rental value of the unit without regard to the $381/$540 rule, if the manager and owner exchange checks for the manager’s portion of the rent (2/3rds) and the minimum wage owed to the manager.
Also, managers who earn at least $2339.00 per month (including salary plus free or reduced rent) are not regulated by the wage and hour laws if the manager is required to exercise discretion and independent judgment for performing his duties.
14. What if the manager was a tenant in the unit before being appointed manager?
The owner may terminate the tenant’s status as manager and increase the rent to the amount of rent which was in effect at the time the tenant became manager, in addition to the compounded rent increases allowed by law had the tenant remained only a tenant.
15. Does having an on-site manager mean that I do not need a property management company?
On the contrary. A property management company can execute the employment contract, collect the rents, handle the payroll for the on-site manager, and make sure that his/her duties are being performed correctly. If not, the management company may terminate the on-site manager and replace him/her with a qualified person. If there are legal notices to be serves, such as 3-day notices to pay rent, new tenant leases or notices of termination of tenancy, the management company will also handle this.
For further information of this subject, and copies of employment contracts for managers, please contact the Apartment Owners Association in your area.
16. I am terminating the tenancy of one unit in a rent controlled building so that I can move in an on- site manager. what are the amounts required to pay that tenant to vacate in a rent controlled unit?
If the tenant that is vacating is 62 years old or older, or has kids, or is handicapped, the relocation fee is $8200.00. For all others it is $3400..00
MOLD
1. What exactly is mold? Is it the same thing as mildew or fungus?
1. & 2. Mold is a part of nature, all around the world, over 200,000 kinds, 3 or 4 of which are considered toxic to man. You personally appreciate their everyday use as mushrooms and in making bread, beer, penicillin. They come in all colors; and thereby comes the question about the differences between mold, mildew, fungus -- simply different colors of basically the same thing. We have all seen what we think is mold in the bathroom since we were kids. If you think you're looking at mold, you probably are. Our mothers handled it by simply washing the tile, tub, shower stall, floor periodically (once a month) with a good detergent and didn't let it build up to affect our health. A lot of mold I've seen is from bad housekeeping of the tenant. If you want a definitive answer to know if it's mold or what kind of mold, you would hire a licensed tester (fee around $300 to $500).
2. How do I know if what I am looking at is in fact mold? What’s the difference between black mold and green mold? Does mold come in any other colors?
see answer #1
3. What’s the first thing I should do if a tenant reports of mold? What instructions should I give the tenant if he claims that he now is coughing or has trouble breathing because of the mold?
This becomes very touchy on a liability level. I approach it beginning with considering the tenant to be sincere in their health concerns and wanting only to get the problem solved. What you have to be careful of is 1) not to give the tenant the opinion that you are not concerned or taking it seriously, 2) not to panic the tenant by showing you are not knowledgeable about mold and how to remediate it in a decisive way, 3) and finally, if you need a legal defense, keep records to show that you took steps to immediately fix the cause of mold and cleaned it in a safe method. What to say to the tenant specifically and how to handle the problem is given in detail in my seminar on video. I actually break it down into ten steps to follow beginning with step number one, "The tenant calls to report mold."
4. How do I know if the mold in my unit is something that I can treat myself or if I should call a professional? If I treat the problem myself, must I use special equipment?
The EPA, considered the authority on mold information, has established guidelines to determine the extent of mold development, when it can be handled at the handyman-level, and when it should be turned over to a licensed remediator. In my 3 hour training video, I instruct how to diagnose the cause of the mold, methods, materials, and equipment to use to safely clean and remediate mold, how to calm tenants so they don't run to a lawyer. At the handyman-level, mold can usually be corrected safely and efficiently for a few hundred dollars. If you hire a licensed remediator when you don't need one, it can cost you thousands of wasted dollars. Cautionary note: Many times, the opinion of a tester or contractor can be biased toward advising work to be done that is over-kill if there is a conflict of interest if they make more money by exaggerating the problem and solution. This seminar also fulfills the requirements of insurance companies who require that you prove you have a "Mold Remediation Policy" before they will offer or continue coverage.
5. I’ve often heard that mold can be treated with a solution of 1-part bleach to 10- parts water. Is this true or false?
This as a statement is true, but as with any simplification of information, "a little knowledge can be dangerous." Bleach can kill mold, but doesn't by itself, complete the disinfection process. Also, to simply kill mold does not end the hazard; dead mold spores can cause as many health problems as live mold spores.
6. How much should I expect to pay for someone to examine my units for mold?
The fee ranges from free to $500 or more. Many so-called "inspectors" offer a low price to test so they can get their foot in the door and make money from the remediation they can sell you. There is no licensing or government over-sight for "mold inspectors," therefore the field is wide open for "salesmen" to take advantage of the panicked, unknowledgeable landlord.
7. Will my property insurance cover treatment for mold?
Insurance usually only pays for mold if it is part of a "covered" claim, like flooding, sewer back-up, etc. If it's the result of a normal maintenance problem, minor roof leak or plumbing leak, you'll probably have a hard fight to get any compensation, especially if it's caused by bad housekeeping of the tenant.
8. Are there any ironclad rules governed by law that I can apply to the treatment of mold?
Only the EPA guidelines I referred to above are the most widely accepted as authoritative.
9. Can you recommend a website or book that will provide more detailed information on mold?
www.AptProblemSolver.com Mold video seminar. If you do a "mold" search on the Internet you'll find over a million sites. You can then spend over a hundred hours doing the research, organizing, and condensing the information -OR- you can purchase my comprehensive mold seminar directed to the needs of a landlord, where I have already compiled and presented all that information in a 3-hour video
10. Can you recommend a licensed mold remediator?
Best source is to use your local yellow pages or the Internet to find someone in your area, key words: "Mold," "hazardous materials," "water restoration" companies.
LEAD PAINT
1. What exactly is lead paint? Are they still making it? Why are landlords so concerned about it?
Lead was used in paint because it made colors more vibrant, durable,resisted mold and mildew, paint dry faster, and helped prevent corrosion of metal surfaces. Lead paint is still legally manufactured for use on NON-RESIDENTIAL property. Lead is a poison and produces many health problems when ingested or inhaled.
2. What does the law say about lead paint?
Federal lead protections cover various sources of lead in our lives. Just to name a few, OSHA protects workers on their jobs from breathing too much lead, the EPA was responsible for laws getting lead out of gasoline, and HUD and the EPA are involved in reducing lead dangers in homes and apartments. California is leading the states in enforcing lead laws on a local community level.
3. How do I know if the paint inside my building contains lead?
The law targets residential property built before 1978 (1979 in CA). If
your building was built in the late 60's, early 70's as the lead content was gradually being phased out of paint, you may have low levels of lead or no lead in the original paint BUT unless you have had a licensed lead tester certify that they have found no lead, you MUST ASSUME you have lead paint on the property.
4. Should I be concerned with lead-based paint outside my building as well as inside?
Yes. For a hundred years before the lead laws reduced lead in gasoline and factory emissions, cars and smoke stacks were polluting the air. The lead in the air then settled on the ground and into the soil, especially property close to factories and freeways. Today, children playing on your property could be playing in highly contaminated soil.
5. I heard that lead paint can only be a problem if the paint is disturbed, such as cracks or peeling. Is this true?
True. If the lead paint is covered (encapsulated) by a protective coating of paint, the lead dust isn't open to the air to inhale or ingest.
6. If I discover that my building has lead paint, what should I do? Are there companies that specialize in the removal of lead paint or should I try to make the repairs myself?
The whole point to appreciating the lead laws as they stand today, is that they allow us to "live with the existing lead paint" as long as we know how to keep it in a safe condition. The extreme situation that we don not want is to have the government force us to remove lead from our property. That would mean that every painted surface must be removed and discarded---strip all walls down to the studs, all doors, windows, molding, painted siding. Do we really want to pay for that?
7. If I try to make these repairs, do I require special equipment?
You can keep lead paint under control and safe by knowing how to do maintenance that goes along with owning an apartment building by using Lead-Safe Work Practices. There is an 8 hour HUD-approved class that I teach periodically that gives maintenance workers, contractors, painters, plumbers the knowledge they need and they receive a Certificate that they can show owners, government agencies, and lawyers. I have also put 3 hours out of the 8-hour class on video or DVD along with a workbook that explains to owners and management who do not do the work but want the information about the law, disclosures, tenant notifications, and record keeping. Purchase from my website AptProblemSolver.com or call (818)704-7179]
8. What are the physical symptoms of someone suffering from exposure to lead paint?
Tiredness
Sleep problems
Weakness
Dizziness
Irritability
Joint and muscle pain
Nervousness
Vomiting
Headaches
Loss of appetite
Difficulty concentrating
Stomach aches
Depression
Constipation
Forgetfulness
9. Will my insurance cover maintenance for lead paint removal?
Probably not
10. Are there any books or websites that will provide me with more detailed information on lead paint?
There are probably hundreds. My seminar on video is the only presentation I know of that gives the information, methods of maintenance, record keeping, and dealing with required tenant disclosures and notification -- all targeted to landlords and managers of residential property. The reason we are a special case is that we are always exposed to lawsuits any time a tenant can find us doing something wrong; and if a tenant gets lead poisoning, their landlord will probably be the first one the local health department and lawyers come after.