State Specific Question About: CALIFORNIA (CA)

Hi, I have had great good fortune showing homes while they are tenanted. My lease specifies that this is allowed, and that the house be kept in showable condition once the tenant gives notice, and that lost rent can be deducted if it is not is showable condition.

But now I have a house that is in such smelly condition that neither of the two people who looked were interested. This is due to dog stench, including one illegal dog. The first one said she wanted it, then called to cancel--said she would have to pass as the smell might never leave. The second one said call her when it was clean, if it did get clean! I only showed it once, for obvious reasons.

It nearly knocked me over the first time I entered. The tenant has been informed that lost days of rent can be taken from her security deposit, and that she needs to advise me when I can show it again--when it is clean. Also that it may need to be painted. It had new paint and new flooring (lvp) when she moved in 1.5 years ago.

Her last day is Feb 1, and I have not been able to show it. She said it would be ready yesterday, but now I get no reply from her. If I can't show it until she moves, and it does not rent until March 20th, for example, how do I handle this? Would you deduct from the security deposit because it was a lease violation and not in showable condition? It is in the lease agreement. Deduct 20 days of rent? I know she is going to put up a stink almost as much as her dog if I do so. Thank you.

When were you last in the rental?

You need to accept that this home will not be ready to show until it is fully empty, cleaned, and paint and flooring are refreshed.

In some cases, you cannot get the dog smell out of carpet no matter what you do.

Additionally, you cannot hold the tenant liable for lost days of rent if they gave the appropriate notice.

It is often necessary to spend a couple of days with no one in the home when there are circumstances as you describe. If they leave a mess, you are able to pay someone from the deposit to clean up, paint and replace flooring, but it is unlikely that a judge would award loss of rents.

Once the home has been emptied and restored to move in ready condition, I would recommend that you stage it with some furniture or boxes covered/draped to look like furniture to get the most rent you can.

"My lease specifies that this is allowed, and that the house be kept in showable condition once the tenant gives notice, and that lost rent can be deducted if it is not is showable condition."

Your lease could say your tenants must curtsy to you as the reincarnation of Queen Victoria but that doesn't mean it's legal for you to require that in CA.

In CA the tenant can keep the unit in any darn condition they like -- dirty sweat socks 2 inches deep and the telltale signs of an asparagus eater -- as long as they are paying the rent. Which your tenant is.

"The tenant has been informed that lost days of rent can be taken from her security deposit"

Two points for Lisa and Cee to keep in mind:

1. " In CA the tenant can keep the unit in any darn condition they like "

Tenant must keep premises in clean and sanitary condition as the condition of the premises permits, and shall dispose from the premises all rubbish, garbage and other waste, in a clean and sanitary manner, and shall properly use and operate all electrical, gas and plumbing fixtures and keep them in clean and sanitary condition as their condition permits. Beyond that, subject to Health & Safety Code, tenant is not responsible to landlord for the condition until they leave.

2. " The tenant has been informed that lost days of rent can be taken from her security deposit ".

Oh Yeah? What responsibility does tenant have for rent after the end of their tenancy, NO MATTER WHAT? Answer is "NONE".

Don't show the unit unless it's rent ready. You've been lucky so far that tenants have kept the unit in showable condition. But they are not required to, despite what they signed in your lease.

My lease also contains a threat to charge rent after tenants' vacation if they interfere with my showing of the premises, but I know perfectly well that there is no way whatsoever to enforce it. But the threat may have an effect.

I have also very good success in showing apartments in the most unbelievable condition. It depends on your market. If there is a shortage of desirable dwellings, and the apartment has very desirable features, then most intelligent prospectives can see beyond the condition and can visualize what it could look like for them. I don't find it hard to sell to them, at all.

Thank you all for the advice. Yes, I should have done a precheck. It had not been long since I had visited, and the place looked fine as it always has over the last year and a half of tenancy. It was just the unbearable stench. I guess the tenant can't smell it. Must have come in with the unauthorized dog.

Flooring was all new a year and a half ago. We took out the carpet and put in luxury vinyl plank. I am thinking and hoping that LVP won't absorb the odor. The paint was also new one and a half years ago. I guess I will have to prorate that if we must repaint already.

Not trying to get away with anything by the way, and have never deducted for days of lost rent, though sometimes that would be fair, especially if caused by damage by an unpermitted pet.

The sad thing is, this tenant accepted the house with older paint and old carpet, said it was fine the way it was, but could not move in for two weeks. We didn't charge rent before move in, but did take the time and spend the money to scrap the ceilings, repaint everything, and put in new flooring to make it nice for her--and of course the upgrade would benefit us in the long run. Should have left it the way it was! Lesson learned: if they don't mind a place that is getting a bit run down, don't upgrade it. It won't be taken care of or respected.

" Not trying to get away with anything by the way, and have never deducted for days of lost rent, though sometimes that would be fair, especially if caused by damage by an unpermitted pet. "

If its not legal, then it isn't fair.