Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by eviction attorney Dennis Block.
Question One: I allowed my nephew to live with me temporarily. I did not charge him rent. He has now been here over six months and refuses to leave. I called the police, but they say that they have no authority to remove him from my house. I cannot understand how this could be possible. He pays no rent and I am the owner! Please advise.
Answer One: Unfortunately, once your nephew resided there for 30 days, he does gain possessory rights. This would be considered a “tenancy at will”. It requires a 30 day notice to terminate the tenancy. If he does not vacate, an unlawful detainer would be necessary.
Question Two: I have a tenant who insists on leaving his bicycle and other assorted sports equipment by his front door. This really makes my building look unsightly. Even though I have warned him on several occasions, he basically just ignores me. Is there anything I can do in this situation?
Answer Two: Please review your rental agreement. Most agreements prohibit storage in the common areas. If this is the case, you could issue a 3-Day Notice to Perform or Quit. This would demand that those items be removed within the three day period. If the items remain, you can then initiate an unlawful detainer action.
Question Three: It has become necessary for me to change the electrical panel in an apartment building I own. The electricity will need to be turned off for two days. Am I required to pay relocation to the tenants?
Answer Three: Under California law there is no requirement to reimburse tenants who are temporarily displaced. Instead, you would give the renters a pro-rated rent credit for the days the electricity is off. You should also review your lease agreement. Many leases provide that the tenant must procure renter’s insurance, which shall reimburse them if they have to temporarily relocate.
Question Four: I have a single family residence that was built in 1927. It is located in the Unincorporated County of Los Angeles. The county requires that I register this property, which I did. This property is identified as a partially regulated property. The county rent registry states that they do not regulate rent increases. Is there a rent cap or percentage I have to honor when I want to raise the rent?
Answer Four: There are no rent increase limitations on single family homes and therefore you can raise the rent to market level. If you go above 10% you would need to serve a 90 day notice. If you mail the rent increase notice, add five days for mailing. My answer to you would have been entirely different if Proposition 33 had passed. My thanks to the Apartment Owners Association for its tireless work in defeating this anti-property and socialist proposition.
Question Five: I have a trailer that I parked in my backyard. My property is located in Sun Valley. I had a nice gentleman come up to me with a proposal to rent the trailer. He said that he would not require me to do any repairs and that he could wire the trailer to the garage for power. He paid the first month’s rent and now has refused to pay anything further. I just received an order from Building and Safety asking me to discontinue use of the trailer as a residence. I showed this notice to the tenant and his response was that I would have to evict him. This is crazy, as it was his suggestion to lease the trailer. What are my options?
Answer Five: It is clear that you have been subjected to fraud by this tenant. Building and Safety has correctly stated that you cannot lease this trailer as a residence. Under the guidelines of the city of Los Angeles, a tenant has no obligation to pay rent if the unit is illegal. In addition, you are required to go through an application process with the city for approval, in order to terminate this tenancy. Once approved, you would then serve a 30-Day Notice to Quit to your tenant. Unfortunately, you would also be required to pay relocation fees to the tenant, which would range between $10,300.00 to $21,750.00.
Question Six: My tenant paid his rent, but he subtracted $250. He claims that he had a plumbing emergency and had no choice but to call a plumber as there was a leak. He never told me about this, even after the event. He did supply me with an invoice from the plumber, which does look legitimate. I am really troubled by the fact that the tenant took matters into his own hands. Your suggestion?
Answer Six: Under the Civil Code a tenant cannot “repair and deduct”, unless he first informs the landlord and gives the landlord a reasonable opportunity to repair. This is true, even in an emergency situation. A tenant can always pick up the phone and inform the landlord. In this case, you could serve a three day notice to pay the deficient rent. In reality, however, if you had called your own plumber there certainly would have been a cost. I doubt that a court would terminate a tenancy for this issue. You should inform your tenant in writing that this issue should never be repeated.
Question Seven: I needed to make a repair in a unit and properly served a notice stating the date and time that I would arrive. I arrived at the apartment on time and knocked. No one answered, so I used my passkey which did not work. I checked with the tenant, and he admitted changing the locks and is refusing to give me a key. He claims that he has seen suspicious people around the building, and this is for his own safety. How should I handle this? My property is subject to Statewide Rent Control.
Answer Seven: The changing of locks would be considered an alteration to the premises. Most rental agreements state that a tenant cannot make alterations without first obtaining the written consent of the landlord. In this case, I would serve a 3-Day Notice to Perform or Quit, which will give the tenant three days to supply a key. If he fails, you would then need to serve a 3 Day Notice to Quit, before filing an unlawful detainer action. This additional notice is required under AB1482, the Tenant Protection Act.
Question Eight: I have a new tenant who has failed to put the utilities into her own name. I found this out when I received my recent utility invoice. The lease clearly states that the utilities are the responsibility of the tenant. I immediately notified the tenant, but she has not responded. What steps should I take at this point?
Answer Eight: I would send the tenant a letter stating that the utilities will be turned off in seven days and that you suggest she make immediate arrangements with the utility company. In addition, I would send her the utility invoice and make a demand for payment. If payment is not received, you should serve a 3-Day Notice To Perform or Quit, demanding the invoice be paid. Thereafter, an unlawful detainer could be filed.
Dennis Block, of Dennis P. Block & Associates can be reached for information on landlord/tenant law or evictions at any of the following offices: Los Angeles: 323.938.2868, Encino: 818.986.3147, Inglewood: 310.673.2996, Long Beach: 310.434.5000, Ventura: 805.653.7264, Pasadena: 626.798.1014, Orange: 714.634.8232, San Diego: 619.481.5423 or by visiting www.evict123.com. Now, you can also read Dennis Block on Twitter, www.twitter.com/dennisblock or text him at (818) 570-1557. “Landlord Tenant Radio Weekly Podcasts can be heard at any time at www.EVICT123.com or download the app “EVICT123”.