Dear Michael: I found a house for rent and found one on craigslist. The owners are trying to convince me this is not a scam. They are not in the US. How can I make sure that this is not fraud?
Answer: This is a common scam found on craigslist.com. When a landlord you have not met wants you to Western Union money for a house you haven’t seen…. consider it a scam! One of my lease listings appeared on craigslist and the scam artist located in the United Kingdom was asking the prospective tenant to send the deposit money and in exchange they would send the keys. The proper authorities were finally involved but not before a few unfortunate victims were duped. If it’s “too good to be true,” it is because it is too good to be true! Beware of internet scams.
Dear Michael: I have been renting a house for the last year without a Lease Agreement. I have asked my landlord to fix items that are in need of repairs but he refuses to do so. Do I have any legal rights?
Answer: Without a written lease agreement, you automatically have a “month-to-month lease agreement”. This does not mean you have no rights. The law requires that all rented dwellings, with or without a lease, have a warranty of habitability. This means that if the apartment is unlivable due to an issue like security flaws, a severe infestation, or malfunctioning critical items (like your toilet, water heater, plumbing leak) then you as a tenant have the right to demand that the landlord fix it. If the landlord fails to do so, you can move out without penalty and seek damages. This is referred to as “constructive eviction”. Note that if you get sued over it, you will have to prove the constructive eviction to the judge’s satisfaction. Make sure you take pictures of the needed repairs and log them to your data in order to defend yourself. Showing up in court and saying it was “just gross” won’t cut it, so be prepared and do your homework. Please consult with a real estate attorney.
Dear Michael: My mom was living with me and passed away of old age at my home. Will I have to disclose this to the buyer purchasing my home?
Answer: California, like many states, requires its residential property sellers to disclose, in writing, details about the property they have on the market. Many buyers consider death to be material fact on the purchase of a property. California civil code provides that you have to disclosure the death only if it has occurred within 3 years prior to the date the buyer offered to purchase or lease your home. In your situation I would supposed your mom passed away within the last 3 years, if this is the case, you will have to disclose to the buyer at the time of purchase. If, however, a potential buyer specifically asks you about any deaths on your property, you must still truthfully answer even if the death occurred more than three years ago.
Michael Kayem is a Realtor with Re/max Estate Properties serving Culver City and the Westside since 2001. You can contact Michael with your questions at 310-390-3337 or e-mail them to him at: homes@agentmichael.com
