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 own a residential property which was recently offered for lease. When I inspected the property, I discovered that an unauthorized family had taken possession and changed the exterior door locks. I contacted local law enforcement, but the responding officers declined to remove the occupants, stating that the matter was civil rather than criminal. What legal options and procedures are available under California law to regain possession of the property?
Answer One: Do not attempt to remove the occupants yourself, change the locks, shut off utilities, or remove their belongings. These “self-help” measures may expose you to substantial liability. The appropriate remedy is to promptly file a forcible detainer action and obtain a court order restoring possession. After judgment is entered, the sheriff – not the property owner – is authorized to conduct the lawful lockout.
For future protection, consider filing a written trespass authorization with the local police department. If the authorization is accepted and remains on file, law enforcement may be able to take action against unauthorized occupants for trespassing, depending on the circumstances and department procedures. You should also consider installing a professionally-monitored alarm system with an armed-response option.
Question 2: I am preparing to lease my residential property in California for the first time. What legal disclosure forms and documents am I required to provide to my tenant?
Answer 2: California law imposes numerous disclosure requirements on residential landlords. The applicable requirements may vary depending on the property’s age, condition, location, and other characteristics. Although the following list is not exhaustive, commonly required disclosures may include:
- Lead-Based Paint Disclosure: Required for residential property built before 1978, together with the EPA pamphlet Protect Your Family from Lead in Your Home.
- Megan’s Law Disclosure: Notice regarding the online database of registered sex offenders under California Civil Code § 2079.10a.
- Information about Bed Bugs: Information concerning bed bugs and infestation prevention under California Civil Code § 1954.603.
- Flood Hazard Disclosure: Required when the property is located in a designated flood zone.
- Death on the Property Disclosure: Generally required when a death occurred on the property within the preceding three years, subject to statutory exceptions.
- Move-In/Move-Out Documentation: Records documenting the property’s condition at the beginning and end of the tenancy.
- Local Ordinance Disclosures: Certain cities and counties require additional disclosures, including notices concerning rent control and just-cause eviction requirements.
The written lease should also clearly address the rent amount, security deposit, maintenance responsibilities, utility obligations, and applicable rules. The AOA has many of these forms available and can assist landlords in obtaining the appropriate documents.
Question 3: I own a residential rental property covered by California’s Tenant Protection Act, commonly known as AB 1482. I would like to substantially remodel the property, terminate the existing tenancy, complete the construction, and then re-rent the property at the current market rate. What legal requirements apply to a substantial-remodel termination, what relocation assistance is required, and may I reset the rent to market?
Answer 3: A landlord may terminate an AB 1482-covered tenancy for a substantial remodel only when the work requires permits or hazardous-material abatement and will render the premises uninhabitable for at least 30 consecutive days. Cosmetic improvements generally do not qualify.
Before serving the termination notice, the landlord must obtain the required permits and provide written notice describing the scope of work, attaching copies of the permits, explaining why the property will be uninhabitable for at least 30 days, and stating the anticipated timeline. Because this is a no-fault termination, the landlord must also provide relocation assistance equal to one month’s rent or waive the tenant’s final month’s rent in writing.
The renovation must be genuine and completed substantially as described in the notice. Once the work is completed, the landlord may generally re-rent the property at the prevailing market rent, subject to any applicable local requirements. Failing to perform the stated renovations may expose the landlord to significant liability, including statutory damages and attorney’s fees.
Question 4: What is the most important step a landlord can take to avoid disputes and reduce potential liability?
Answer 4: Documentation is essential. Landlords should maintain written leases, notices, photographs, inspection reports, repair requests, invoices, receipts, payment records, and written communications with tenants.
Landlords should treat the rental relationship as a business transaction, comply carefully with applicable statutory procedures, and address legitimate maintenance concerns promptly.
Question 5: I own a single-family rental property that is currently exempt from California’s statewide rent-control and just-cause eviction protections under AB 1482. I am considering constructing an accessory dwelling unit, or ADU, on the parcel to generate additional rental income. Once the ADU is constructed and the parcel contains two residential units, will the original single-family home immediately lose its exemption and become subject to statewide rent-control requirements?
Answer 5: In many cases, it may. Under AB 1482, a single-family home may qualify for an exemption from the statewide rent cap and just-cause eviction requirements if it is separately alienable – meaning it can be sold independently – and the other statutory exemption requirements are satisfied.
Constructing an ADU on the same legal parcel may affect the property’s eligibility for the exemption because the parcel would contain two residential units under a single title. If the exemption is lost, the property may become subject to statewide rent caps and just-cause eviction protections, assuming the property otherwise falls within the statute’s coverage requirements, including the applicable age-of-construction requirement. Local ordinances may impose additional restrictions.
Question 6: May a landlord serve a rent-increase notice by mail, and how much advance notice is required?
Answer 6: Generally, yes. A rent-increase notice may be served by mail. When the notice is mailed, five calendar days must generally be added to the applicable notice period:
- 30 days’ notice if the increase is 10 percent or less.
- 90 days’ notice if the increase is more than 10 percent.
Question 7: I am leasing my apartment to an international student who is relocating from France to attend university. His parents will pay the rent and living expenses, but they live overseas and have no domestic assets. I am concerned about collecting rent or enforcing the lease if they stop making payments. How can I protect myself financially under California law?
Answer 7: When leasing to an international tenant who lacks domestic credit history or a local guarantor, a landlord may consider requiring advance rent in accordance with California law.
Under California Civil Code § 1950.5(c), the statutory security deposit provisions do not prohibit an advance payment of at least six months’ rent when the lease term is six months or longer. The lease should clearly distinguish prepaid rent from the security deposit and specify how the advance rent will be applied.
Accordingly, the parties may agree to payment of six to twelve months’ rent in advance, in addition to the permitted security deposit. Collecting rent in advance may reduce the risk and practical difficulty of pursuing overseas guarantors or attempting to collect future monthly payments internationally.
Question 8: I served a tenant with a three-day notice to quit based on nuisance or lease violations. After the three-day period expired, the tenant transferred a partial payment through my online rent portal. Would accepting that payment waive my eviction notice?
Answer 8: Generally, accepting rent after an eviction notice has expired may waive the underlying breach and invalidate the notice, potentially requiring the landlord to begin the process again.
However, if the partial payment was unsolicited and automatically submitted through an online payment system, the landlord may be able to preserve the notice by acting immediately. The landlord should not retain, deposit, or apply the funds. Instead, the landlord should promptly reject and return the entire payment, accompanied by written confirmation that the payment was not accepted and that the notice remains in effect.
Because the effect of accepting or returning rent can depend on the specific facts, landlords should consult counsel before taking further action in an eviction matter.
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.