Rules Usually Have Sound Basis
QUESTION: I recently got a letter from the property management company that supervises the North Hollywood apartment in which I live. The letter required several things of the tenants and I’m wondering if these are legitimate requests.
Here they are:
1--All bicycles must be removed from all balconies, entrances and public thoroughfares.
2--All carpets and miscellaneous items at all doorways must be removed.
3--Items placed in your window sills visible to the outside must be removed.
The letter went on to say that all this should be done within 48 hours or the items remaining would be “placed in your trash receptacles.”
Can this property manager ban things like doormats and potted plants? Also, all of the window sills are on the inside of the apartments. Can he require that they be kept spotless?
ANSWER: While the property manager can require you to comply with all of the above rules, he must give you either a 3-day or 30-day notice to do so.
If you have a written or oral rental agreement of any type that prohibits breaking any of these rules, the manager must give you a 3-Day Notice to Perform Convenant, meaning that you must abide by the provisions of the agreement.
If you are properly served with the notice and don’t comply with it, you may be evicted.
Even if your agreement doesn’t prohibit these activities, the manager can change the terms of your tenancy with a 30-day notice, unless you have a lease agreement, traditionally for a one-year term.
If that’s the case, he must wait until the lease expires before changing any of its terms.
Often, renters don’t understand why owners make and enforce such rules. While they may seem unfair, the manager may have good reasons for enforcing them.
For instance, if there are potted plants on window sills when an earthquake hits, they could come tumbling down on top of a passerby injuring him. Also, people sometimes over-water their plants, to the point where the water overflows onto their wooden window sills, causing wood rot.
Similarly, people occasionally trip and fall over things like doormats, causing injuries followed by lawsuits.
Even though you don’t like these rules, and may not understand their purpose, my advice to you is to comply with them and avoid the potential eviction.
Variety of Expenses Are Tax Deductible
Q: Your Sept. 20 Apartment Life contained a question and answer titled “Room Rentals Must Be Reported for Taxes.” The answer provided by attorney Peter Kaplanis correctly indicated that the rental income from the rental of two bedrooms in a home must be reported to tax authorities.
Kaplanis also rightly said that the income and expenses are characterized by tax authorities as “passive” and that the property owners could write off stolen possessions as another type of business loss.
Besides those deductions referenced by Kaplanis, the owner can deduct any other cleaning, maintenance, painting and repairs done to the two rented rooms.
An equal percent share of all other expenses applicable to the entire home could also be deducted.
For example, if the square footage of the two rooms totaled 300 square feet, and the entire home were 1,500 square feet, the reader could deduct 20% of the mortgage interest, real estate tax, insurance, utilities, etc.
He could also deduct 20% of all maintenance, repairs and other expenses attributable to areas of the property to which the tenants have access or from which they derive any benefit, such as the roof, plumbing, electrical system, air conditioning and heating, yard, driveway, garage, bathroom, kitchen or any other areas in which the tenants have privileges.
And there’s more good news. The reader could deduct depreciation on 20% of the cost of the home that is allocable to the structure.
I think your readers can greatly benefit from this added information. What do you think?
A: I agree. The tax tips you’ve provided further clarify a complex area of tax law.
According to Kaplanis, the mortgage interest and real estate tax payments are deductible even if no portion of the house is used as a business.
If one takes the position that a portion of his home is used as a business, then a proportionate share of home expenses can be deducted from taxes. However, this type of deduction has become a “red flag” to the IRS so be prepared for an audit.
As Kaplanis said in the previous column, you should check with your tax attorney or accountant for the specifics of any given tax situation.
Postema is the editor of Apartment Age magazine, a publication of The Apartment Assn. of Greater Los Angeles, an apartment owners’ service group. Mail you questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.
