Thank you to everyone who joined our recent livestream covering critical 2026 statewide lease updates and compliance changes. Below is a streamlined recap of the livestream Q&A between AOA members and Michael Brennan, Esq. Click here to watch the video
Live Legal Q&A
Lease Updates & Amendments
Q: Can I add an amendment to my old lease to make sure I’m covered? What amendment can I issue to existing lease agreements?
Brennan: It depends. While AOA has some of the new laws in addenda, many rent control/just cause jurisdictions do not allow unilateral changes. Some do. If you are in a jurisdiction that permits a landlord to change terms unilaterally, you can create addenda to keep you protected.
Q: RSO property in the City of Los Angeles. I have a 10-year-old lease that went month-to-month. Can I request a new updated lease?
Brennan: You can request that they sign a new one, but you cannot demand it.
Q: Do I need to provide my tenants a new lease every year? (San Diego multifamily)
Brennan: You are not required by law to do that, but it is a good idea.
Q: Can these leases be applied to condos and single-family homes?
Brennan: Yes.
Q: Single-family homes in Whittier – are they exempt from rent control?
Brennan: Generally speaking, single-family homes are exempt under the Costa-Hawkins Rental Housing Act. However, there are procedural requirements to qualify for that exemption. In most cases, you must include specific exemption language in the lease.
Q: How do I update lease agreements with long-term tenants?
Brennan: It depends largely on the jurisdiction where your property is located. In most situations, you cannot force tenants to sign new leases. In many jurisdictions, however, you can change the terms of tenancy to implement desired updates.
Q: If tenants refuse to sign a new lease, what can I do?
Brennan: Again, it depends on the jurisdiction. In most rent-controlled areas, you cannot force them to sign, but you may be able to implement changes through a lawful change in terms of tenancy.
AB 628 – Stove & Refrigerator Requirements (Statewide)
Q: Is the refrigerator and stove requirement statewide?
Brennan: Yes.
Q: Does AB 628 apply to month-to-month tenancies entered before 2026?
Brennan: There is no clarity yet, nor any case law interpreting AB 628. From my perspective, it will apply to every unit at some point, regardless of whether the tenant is on a lease or rental agreement, since the language applies to new, renewed, amended, or extended leases.
Q: If the tenant already owns their own stove and refrigerator, do we still have to provide them?
Brennan: Yes. While you may not need to act immediately (other than providing required language), once the tenant requests appliances, you must supply them.
Q: Are there specifications on size or capacity?
Brennan: No. The law simply states you must provide:
- A refrigerator maintained in good working order capable of safely storing food.
- A stove maintained in good working order capable of safely generating heat for cooking purposes.
Not a model of clarity.
Q: Does a portable stove or hot plate qualify?
Brennan: The statute is unclear, but I doubt a hot plate would qualify as a “stove” in most judges’ eyes.
Q: Are bachelor units exempt?
Brennan: Yes.
Positive Credit Reporting
Q: Do we need to offer positive credit reporting to existing tenants?
Brennan: Not everyone or every property is covered. But if you and/or your property are covered, you must offer it to everyone – including legacy tenants.
Q: Does credit reporting only apply to buildings with 16 or more units?
Brennan: Yes, kind of. Properties with fewer than 16 units are generally exempt unless:
- The landlord owns more than one residential rental building; and
- The landlord is a REIT, corporation, or LLC with at least one corporate member.
Q: Should I report tenants who are behind on rent?
Brennan: Reporting late payments opens the door to regulatory compliance issues. Unless you are using a professional credit reporting company. I would stay away from reporting negative payments.
Q: We have a 20-unit property in Concord, CA. Do we need to issue a positive rent form to tenants?
Brennan: Yes, unless you are exempted. Both positive credit reporting laws are statewide laws.
Notices & Enforcement
Q: If a landlord in Los Angeles serves a 3-day notice but fails to upload it within 72 hours, must it be re-served?
Brennan: Yes. You need to re-serve it, especially now that the service date must appear in the notice itself.
Q: Can landlord notices be served electronically?
Brennan: The majority of landlord-tenant notices may NOT be served electronically. They must be served personally, by substitute service, or by post and mail. New service documentation requirements are also going into effect.
Q: Tenant refuses to pay utilities due to a broken door lock – can they withhold payment?
Brennan: Serve the notice. A broken lock has nothing to do with paying utilities.
Habitability & Safety
Q: Can we include lease provisions prohibiting hoarding?
Brennan: That is a touchy situation because hoarding has been deemed a disability. You would not want that type of provision. However, hoarding creates health and safety issues (fire hazards, vermin, nuisance conditions). The AOA lease contains provisions that can be used to address those issues, but seek qualified legal guidance before proceeding.
Q: Tenant packed items around the water heater creating a fire hazard – what can be done?
Brennan: Start with a warning letter informing the tenant they are maintaining a nuisance condition. Give a reasonable time to cure. If they fail to comply, seek guidance from a competent attorney before issuing a termination notice.
Q: Can tenants bring habitability claims because an older building is not up to current code?
Brennan: Yes, they can bring the claim – but that does not mean they will win.
Cooling & Air Conditioning – 2027 Changes
Q: Is there a new law requiring landlords to provide air conditioning?
Brennan: It depends on location. No – Los Angeles County does not currently require landlords to provide air conditioning. AC remains an amenity, not a habitability requirement, unless it was provided as part of the lease.
However, a new cooling ordinance passed by Los Angeles County requires rental units in unincorporated areas to maintain an indoor temperature of 82 degrees Fahrenheit or cooler beginning January 1, 2027.
This does not explicitly mandate installing AC. Compliance may be achieved through insulation, ventilation, shading, heat pumps, or air conditioning if necessary. Small landlords (10 units or fewer) have a phased-in compliance schedule. Landlords must also allow tenants to install code-compliant portable or window AC units.
Additional Compliance Highlights
Q: Can I say “No Section 8”?
Brennan: Absolutely NOT. That will land you in hot water immediately.
Q: Is death in a unit required to be disclosed?
Brennan: Yes. Statewide law requires disclosure if the death occurred within the past 3 years. You may not disclose HIV/AIDS-related causes of death. If asked about events older than 3 years, you cannot misrepresent facts.
Q: Can different residents sign the lease in different cities?
Brennan: Yes, provided the lease states that multiple signatures or counterparts act as one agreement.
Q: Is there something about having to pay interest on security deposits now?
Brennan: It depends on where your property is located. I am unaware of any statewide law requiring it, but some local jurisdictions do.
Q: Can you ask for less than a month’s rent (or deposit)?
Brennan: Yes – in both cases. But why would you?
Q: Will AOA add a yard maintenance clause, especially for house rentals?
Brennan: I believe AOA’s lease already addresses this. The security deposit generally cannot be used for landscaping.
Q: Why was the “each party pays their own attorney fees” box removed?
Brennan: I have no information about that.
Q: Does a 30- or 60-day rent increase notice trigger the appliance provision for legacy tenants?
Brennan: One way or another, you will be required to provide them, regardless of the change in terms.
Q: Can we increase rent if additional people move in or turn 18?
Brennan: That depends on the jurisdiction. Many jurisdictions prohibit that.
Q: Should I amend all my leases with the new changes?
Brennan: Yes.
Q: Can I just give old tenants a brand-new updated lease instead of addenda?
Brennan: Sure, but depending on location, you may not be able to force them to sign. In that case, you’ll need addenda.
Q: 16-unit building, with three roommates on month-to-month lease, do you have to offer credit reporting and do a change in tenancy?
Brennan: Yes
Q: If I add a baby, can I charge $100/month as an extra occupant?
Brennan: It depends on jurisdiction. In many places, a baby is not considered an additional occupant. In the City of Los Angeles, tenants may have two babies before a landlord can act.
Q: If a unit uses a portable electric heater and is not Section 8 compliant, can the tenant force upgrades?
Brennan: No. However, I am unaware of any health and safety code that allows a portable electric heater as the sole heat source. If that is the case, the unit may be uninhabitable and need correction.
Q: Can you have different credit requirements for different rentals (e.g., Paramount vs. Lakewood)?
Brennan: Yes.