Landlord-Tenant Relationships: Landlord’s Right to Entry

Note:  This post is intended to provide answers to general questions and the information was provided by our legal department.  Individuals should always seek the advice of an attorney regarding their specific situations.

According to the California Association of Realtors Residential Lease or Month-to-Month Rental Agreement, landlords are permitted to enter a tenant’s residential premises only under certain conditions, some of which require written or oral notice to the tenant and other obligations.  A tenant cannot waive any of the rights outlined below.

A landlord has the right to enter a dwelling under the following circumstances:

(1)  An emergency on the property

(2)  To make necessary/agreed upon repairs

(3)  To show the property to prospective or actual purchasers, tenants, lenders, appraisers or contractors

(4)  When the tenant has abandoned or surrendered the property

(5)  Pursuant to court order

Entry During Normal Business Hours: A landlord may only enter the premises during “normal business hours”- typically excluding evenings and weekends, with the exception of emergencies, abandonment or surrender by the tenant or a tenant’s consent at the time of entry.

Reasonable Notice: The default notice of entry requirement is 48-hour written notice.  Notice of entry by a landlord must be submitted, in writing, prior to entry.  A written notice should include the date, approximate time and purpose of entry.  However, if the landlord and tenant orally agree, that will be sufficient to permit entry for the purpose of agreed repairs/services, provided that they agree on the date and time of entry and that entry occurs within one week of the agreement.

Notice may be personally delivered to the tenant, mailed to the tenant six days prior to the intended entry, left with someone of “suitable age and discretion” at the property or left on, near, or under the entry door in such a manner that it could be discovered by a reasonable person.

24 Hour Notice: The landlord or landlord’s agent may show the tenant’s unit to a prospective or actual purchaser with 24 hour oral notice for 120 days after the landlord or his agent has provided the tenant with written notification that the property is for sale.  At the time of entry, the landlord or agent must leave a written confirmation of entry inside the premises.

Notice is NOT required in the following circumstances:

(1)  An emergency on the property

(2)  The tenant is present and consents to the entry at the time of entry

(3)  The tenant has abandoned or surrendered the unit

When Should You Sell Your Home?

Years of experience have led me to believe that the best time of year to put your Palos Verdes home on the market is March through July.   However, I decided I wanted to see some statistics from our Multiple Listing Service to support or dispute my theory.  Unfortunately, the study is not entirely scientific, as I am not able to see historical data about open sales like I am able to see with closed sales.  So, I took a look at properties in escrow as of today, May 17, 2013.  There are currently sixty-five properties in escrow (pending sales).  There were no pending sales in January; there were three in February; only two in March; twenty-seven in April; and thirty-three so far in May.

I recommend listing your home in the months of April, May, or June.  Another very slow month for open sales is August, as many take vacations that month and listing in July may be too close for comfort.

Other factors to consider include the number of competing properties on the market in your neighborhood; whether your home is in marketing condition; and of course, the price you will be asking.  Be sure to look not only at comparable homes that have sold over the last six to nine months, but also those that are currently pending.  Many home sellers believe they need to ask a higher than market price so they will have room to negotiate.  This strategy is not a good idea, as you may never get an offer to negotiate at all.  I think a good thing to remember is that it is hard to under-price your home.  If the asking price is less than buyers and their agents know it is worth, the property will most probably receive multiple offers, often for more than the asking price.   The bottom line is that properties sell at their market value.  Another thing to remember is, “timing is everything”.

 

It is a Great Time to Sell Your Home in Palos Verdes Estates

There were 33 home sales in Palos Verdes Estates during the first quarter of 2013, compared to 38 sales during the first quarter of 2012.

The median sales price in 2013 was $1,750,000 compared to $1,300,000 in the first quarter of 2012.

The average market time was 112 days compared to 133 days in 2012.

The inventory of homes for sale is down 50% since last year.  The lack of competing homes on the market; the increase of the median price; the decrease of days-on-market make this an ideal time to sell your home in Palos Verdes Estates.  Contact me for a complimentary market evaluation of your property. If you are a buyer, do not hesitate; I believe home prices will continue to rise this year.  Contact me for an appointment to see some of the outstanding homes in Palos Verdes.

 

Make cost-effective home improvements

Imagine walking into an important job interview looking like you just dragged yourself out of bed. You’d be unlikely to make a good impression and diminish your chance of securing the job.

The same goes for selling a home. First impressions are lasting. Some buyers won’t even look at the inside of a listing that doesn’t have good curb appeal.

Today’s buyers are picky. There is no sense of urgency in the market, so buyers are holding out for the best home they can find that will work for them for years to come. In some areas, there are a lot of homes for sale. It’s important to make sure that buyers will be attracted to your home before they even walk through the front door.

Fortunately, exterior improvements needn’t be expensive. The recent Remodeling Cost vs. Value Report 2010-2011 found that the improvements that yielded the highest return on the investment when sold were a new steel front door and a new garage door.

The average cost nationally for a new front door was $1,218; the return was 102 percent. The average cost for a new garage door was $1,191; the return was 83.9 percent. The top nine of 10 most cost-effective improvements nationally were for exterior projects. Curb appeal is as important as ever, and may be more so in this market.

The Remodeling Cost vs. Value Report is a collaborative report done annually by Remodeling Magazine and the NATIONAL ASSOCIATION OF REALTORS®. It compares construction costs with resale values, which are based on estimates from more than 3,000 REALTORS® and appraisers.

Sprucing up the front yard for sale needn’t be costly. Clean out weeds and dead plants. Add flowering plants for color and mulch to tidy up areas that aren’t heavily planted. Replace a lawn that has seen better days with less lawn and a border bed of flowering shrubs.

Do in-ground planting well in advance, if possible, so that plants have a chance to get established before your home goes on the market. If you have no choice and must plant at last minute, be sure to remove the ID tags from the nursery.

A deteriorated fence should be removed, repaired or replaced. Any peeling paint on the front walk and steps and house exterior and trim should be refreshed. The side of the house that gets the most exposure needs the most maintenance. If you’ve let it go, you’ll be docked dollars by the buyers unless you repaint where needed before you sell.

HOUSE HUNTING TIP: The amount returned on home improvement investments varies from one location to the next. It’s important to consult with your local real estate agent before you embark on an upgrade to make sure that you don’t overpay on an improvement that won’t generate the desired result. Most homeowners assume they’ll get their money back and more when they sell. In fact, most upgrade investments often don’t return 100 percent of the amount invested, particularly in a down market.

A minor mid-range kitchen remodel returns 72.8 percent nationally, according to the 2010-11 Remodeling Cost vs. Value Index. In the Pacific region of the U.S., you’re likely to recoup 84.1 percent.

However, a major upscale kitchen remodel pays back only 59.7 percent nationally and 66 percent in the Pacific region. It makes sense to take on a major remodel project only if you’re staying in your home and can enjoy the use of the improvements before selling. A deck addition ranked high on the list of popular exterior improvements. Although, nationally the cost recouped is only 72.8 percent, it may be an essential enhancement if your home has no outdoor living space and all the homes for sale in your neighborhood do.

THE CLOSING: Supply and demand in your local area will also impact how much you’ll recoup from your fix-up investments.

Real Estate Information for Sellers

Negotiation is back in style. It’s not uncommon for buyers and sellers to have many rounds of counteroffering back and forth before they arrive at a contract that is completely agreeable to all involved. When this is accomplished, the contract is ratified.

However, there is another important element involved in ratifying a contract. Until a residential purchase contract is completely signed, and the final signed documents are delivered back to the other party or that party’s agent, the listing is not sold.

Let’s say you decide to offer the sellers less than their asking price. They don’t accept your offer, but issue a counteroffer. Before you respond to the seller’s counteroffer, another buyer makes an offer. If you haven’t signed the sellers’ final counteroffer and delivered it back to them, they can withdraw their counter and sell the house to someone else.

Or they could decide to withdraw the counteroffer to you and issue a new one. This time it could be a multiple counteroffer if the sellers also decide to counter the other buyer’s offer. You end up in a multiple-offer competition, which often means paying more or not getting the house at all.

You can’t rely on verbal negotiations when you’re buying or selling real estate. To be binding on the parties involved, real estate contracts and the addenda to them must be written.

HOUSE HUNTING TIP: Timing is critical. If the seller issues you a counteroffer you can live with and you want the house, sign the document as soon as possible, even if the seller gives you several days to think about it. During that time, another buyer could make an offer and your counteroffer could be withdrawn.

After you sign the counteroffer, make sure that your agent delivers it to the sellers or their agent immediately. Whoever receives the document should sign to acknowledge receipt of the document so that there’s no question that the contract is ratified.

Then if another buyer wants to make an offer, you won’t have to compete or risk losing the house altogether. Once you have a ratified contract in place, the sellers can negotiate with other buyers, but only for backup position subject to the collapse of your contract.

Don’t let yourself be lulled into thinking that because the housing market is generally slow there’s no chance you’ll end up in competition. The best listings — ones in good condition and priced right for the market — can sell quickly, particularly in areas where the inventory is low.

Many buyers have busy work or travel schedules. Often you find the right house to buy at the least opportune time in terms of what else might be going on in your life. Make sure that your home purchase contract states that faxed signatures are binding. This could save you hours of driving in traffic to sign a critical document in time.

Sometimes faxes aren’t the answer. If you’ll be available only by phone or e-mail, consider giving power of attorney — one specific to buying a house in a certain area — to someone whom you trust completely. This person should not be your real estate agent. It should be someone who will be available on short notice.

Electronic signatures are becoming more popular. But, they haven’t become standard in the home-sale business. If a seller who has had no experience with electronic signatures is considering a couple of offers — one with electronic signatures and one that was signed in person — he would probably feel more comfortable accepting the latter.

THE CLOSING: That is, unless the price on the electronically signed offer is a lot higher!

Home Seller Pitfalls to Avoid

Six years after the market peaked in 2006 and prices started to decline, many sellers are still in denial about the current market value of their homes.  It is difficult for most sellers to accept the reality of today’s home-sale market, whether they bought at or near the peak and will lose money selling today, or bought decades ago but are still stuck at 2006 prices.  One homeowner recently remarked that she was aware that home prices had dropped quite a bit over the last five years, but she felt that her home had not lost any value.

It is hard for homeowners to divorce themselves emotionally from a home they have enjoyed.  This is what sellers need to do so they can make rational decisions about a list price that will actually result in a sale.  This decision should be based on listings that have sold in your area that are considered comparable to your home.  Some sellers go to open houses to evaluate the competition.  If you are still emotionally wrapped up in your home, the exercise can be futile.  You return home feeling that the other homes are not as good as yours.

Put yourself in the buyer’s shoes.  Your house needs to be listed at a price that is enticing to buyers because it represents a good value.  In most areas, buyers are buying ibn a market knowing prices may continue to decline before the market fully recovers.

House Selling Tip: Be wary of real estate agents who tell you that your home will sell for a higher-than-supportable price just to get the listing.  Then they work on you over time until you reduce the price to market value.  Agents refer to this as buying a listing.

Its hard to resist the temptation of trying for a higher price than the comparables indicate.  However, you will not be happy if your home is on the market for months with no activity, and each time you drop the price it feels like too little, too late.  You can end up selling for less later if home prices in your area are still declining.

Listing your home based on what you want or or need to net from the sale will not motivate buyers to pay more.  Buyers pay market value.  They will not overpay in today’s market.

If your home needs a lot of work compared with the competition, you will either need to have work done before selling or discount your price accordingly.

For best results, be realistic about the current market value of your home and what preparation it needs in order to sell successfully in this market.