Below are questions asked by rental property owners regarding California and Orange County rent control laws, followed by answers provided by eviction attorney Dennis Block.
Question One: The Hidden Eviction History
I recently sustained a financial loss exceeding $25,000 after a tenant defaulted on rent shortly after moving in. Although I conducted a standard background and eviction screening that returned no prior filings, I later discovered the tenant had been evicted twice in the past two years. What are the technical or jurisdictional reasons why an eviction report might fail to surface such recent records?
Answer One: The absence of these records is primarily due to legislative changes in California. Effective January 1, 2017, Assembly Bill 2819 significantly altered the handling of unlawful detainer records to protect tenants from potential “blacklisting.” Under this statute, eviction filings are automatically and permanently sealed from public view unless the landlord successfully obtains a judgment within 60 days of the initial filing. Consequently, many eviction proceedings never appear on standard screening reports, limiting a landlord’s ability to identify high-risk applicants.
Question 2: Forcing a Lease Agreement
I recently purchased a duplex in Laguna Niguel. The seller did not have signed rental agreements for the current tenants. I provided the tenants with my contact information and a standard lease agreement, but both have refused to sign. As the new owner, am I permitted to compel these tenants to sign a formal rental agreement?
Answer 2: Unfortunately, you cannot force an existing tenant to sign a new rental agreement, and a refusal to sign cannot be used as grounds for eviction. Your best approach is to offer an incentive. For example, you might secure their signature by offering a “rent freeze” guarantee, promising not to increase the rent for a one-year period in exchange for executing the formal agreement.
Question 3: The Frequent Mover
I have an applicant with a strong credit score, but they have lived in four different residences over the last three years. Should this level of turnover concern me?
Answer 3: Frequent relocation is a significant red flag. It may indicate a “professional tenant” who understands how to exploit the legal system to occupy units rent-free. When screening, always contact the last two landlords; a current landlord may provide a glowing reference simply to encourage a problematic tenant to vacate. Furthermore, because the time and capital required to refurbish a unit and fill a vacancy are substantial, a lack of residential stability is a legitimate business reason to deny an application.
Question 4: The Unsolicited Zelle Payment
I am currently in the middle of an eviction action. My attorney warned me not to accept any rent, but I just noticed a tenant made an unauthorized Zelle deposit into my account three weeks ago. My attorney insists we must dismiss the case and start over. Do you agree?
Answer 4: I respectfully offer a different perspective. Because you did not knowingly accept these funds – as the deposit was made without your consent – you may be able to preserve your case. You must immediately issue a personal check to the tenant for the exact amount of the deposit. Include a formal letter stating that you only recently discovered the unauthorized transaction and that the funds are being returned to maintain the status of the current legal proceedings.
Question 5: Succession Rights After a Tenant’s Death
A tenant in my apartment recently passed away. Their adult child, who moved in last year, is refusing to vacate and is offering to pay the same rent as the deceased parent. I have refused the payment; what is my next step?
Answer 5: Generally, a tenancy terminates upon the death of the sole leaseholder. Unless the child has established specific statutory succession rights, they have no legal right to remain. In this scenario, it is appropriate to serve a 3-Day Notice to Quit on the basis that the individual is an unauthorized subtenant remaining in possession after the expiration of the lease term.
Question 6: Hoarding and Fire Safety
During a routine inspection, I found a tenant had stacked boxes and debris to the ceiling, blocking windows and exits in the apartment. They pay rent on time, but I am concerned about fire safety. What are my options?
Answer 6: Hoarding is often classified as a disability under the Fair Housing Act, requiring landlords to explore “reasonable accommodations.” However, health and safety codes take precedence. You should issue a formal notice citing specific fire code violations, such as blocked egress. Provide a clear timeframe for the tenant to clear the hazards. If they fail to comply, you can proceed with a notice to perform or quit based on the safety risk to the property and other residents.
Question 7: The Laundry Concierge
The communal washing machine in my building broke, and parts are 10 days away. A tenant asked if I would pick up their laundry, wash it at my home, and return it “folded.” How should I handle this?
Answer 7: While maintaining amenities is important, personal laundry services fall well outside the scope of a landlord’s responsibilities. Politely inform the tenant that such a request is not part of your professional duties and provide them with the address of the nearest local laundromat until the repairs are completed.
Dennis Block, of Dennis P. Block & Associates, can be reached for information on landlord/tenant law or evictions by calling (800) 77-EVICT (38428), or by visiting www.evict123.com. Now, you can also read Dennis Block on Twitter: www.twitter.com/dennisblock. Landlord Tenant Radio Weekly Podcasts
can be heard at any time at www.EVICT123.com.