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: My property is subject to Statewide Rent Control (AB 1482). What is the permissible rent increase at this time? My property is located in Torrance.
Answer One: Yearly rent increases under AB 1482 are calculated as 5% plus the Consumer Price Index (CPI), not to exceed a total of 10% in any one-year period. The CPI, published each April, is used to determine the rate that becomes effective every August. Effective August 1st, the CPI is 3.7% for Los Angeles and Orange Counties. On that basis, you can serve a rent increase notice for a total of 8.7%.
Question 2: Last year, my tenant sent me a letter from a doctor describing her need for an emotional support animal. The letter appears to be genuine, as I actually called the doctor’s office to verify it. The letter detailed the specific breed and even included the dog’s name. Last week, I noticed that the tenant had a completely different type of dog. It appears that this dog replaced the original one described in the letter. Would it be possible to pursue an eviction at this point?
Answer 2: No, you would definitely be barking up the wrong tree by trying to evict over this. The doctor’s letter establishes the tenant’s legal need for an emotional support animal, rather than acting as a license for one specific dog. If the original dog passed away or was replaced, the underlying medical need typically remains. Unless the new dog is aggressive, causes property damage, or the tenant has exceeded a reasonable number of animals, a judge will likely see this as a minor, understandable change. Pursuing an eviction here is a losing battle that risks a Fair Housing discrimination countersuit – which is the last thing you want in an already-tilted legal system.
Question 3: I recently purchased a property in Fullerton. It is a single-family residence that has a converted garage. The seller had leased this garage to an older gentleman. I really do not want to be a landlord, so I asked him to move. I recently received a letter from a law firm demanding $35,000 in relocation fees. They claim that the unit is unpermitted, that their client is not required to pay rent, and that he cannot be forced out unless proper notice is given and relocation is paid. My position is that I am not a landlord; I never accepted rent from this person, and I feel I should not be saddled with a problem I did not create. What are your suggestions?
Answer 3: Under the law, when you purchase real property, you “step into the shoes” of the seller. As the new owner, you assume the responsibilities of the previous landlord. Your property falls under Statewide Rent Control (AB 1482). Under this statute, you will need to obtain a Notice to Comply from the Fullerton Building and Safety Department. Once that is issued, you will legally be able to terminate the tenancy by serving a Notice To Quit and paying relocation in a sum equal to one months’ rent. The demand by the attorney to pay $35,000 is ridiculous.
Question 4: I have a tenant who is very sensitive to noise. She constantly complains about the upstairs neighbor who is walking in his unit at all hours of the day and night. Lately, she has been banging on her ceiling to disturb this tenant. I’m really at a loss on how to handle this issue. Clearly, tenants are able to walk in their own unit. I am afraid I will lose this upstairs tenant, who has only been there for three months.
Answer 4: From a legal perspective, you are correct: tenants have an absolute right to walk within their own units at any hour. Ordinary footsteps and routine household activity do not constitute a lease violation or a legal nuisance.
The immediate concern is the downstairs tenant’s retaliatory behavior. By banging on the ceiling, she is the one actively creating a nuisance and interfering with the “quiet enjoyment” of the upstairs neighbor.
You should take the following steps:
- Investigate and Document: Confirm with the upstairs tenant that no extraordinary activities (like late-night exercise or moving furniture) are occurring.
- Issue a Formal Warning: Inform the downstairs tenant in writing that while you investigate all complaints, her retaliatory banging is a breach of her lease agreement and must stop immediately.
- Set Expectations: Explicitly explain to the complaining tenant that “walking” is a normal use of a residential unit and does not warrant management intervention.
Focus your enforcement efforts on the downstairs tenant’s conduct. If she continues to harass the upstairs neighbor, she is the party in violation of the lease, not the neighbor who is simply walking across the floor.
Question 5: I recently filed an unlawful detainer action against my tenant. To my shock, the tenant filed an answer demanding a jury trial. My rental agreement contains a very clear provision where the tenant waived their right to a jury trial. How can they ignore a contract they signed, and can I get the judge to strike the request based on the lease?
Answer 5: Your frustration is a common one for landlords, but the short answer is that the jury trial waiver in your lease is likely unenforceable. Under the California Constitution, the right to a trial by jury is considered “inviolate” for all litigants. The California Supreme Court has historically ruled that parties cannot contractually waive their right to a jury trial before a dispute even exists.
Because this right is a fundamental constitutional protection, it can only be waived in a manner specifically authorized by statute – such as failing to appear for trial, failing to pay the required jury fees, or consenting to a bench trial after the lawsuit has already been filed. A “pre-dispute” waiver buried in a standard residential lease does not meet these criteria.
Consequently, even though the tenant signed the agreement, they still have a constitutional right to demand that a jury hear the case. While this often makes the eviction process longer and more expensive, it is a procedural reality of the California legal system that landlords must be prepared to navigate.
Question 6: My tenant moved out without giving notice and left a large amount of furniture and personal belongings behind. Can I simply throw everything away?
Answer 6: No. California law has specific procedures for handling abandoned personal property. You must first determine whether the property appears to have been abandoned and then serve the required Notice of Right to Reclaim Abandoned Property. This form is available on the AOA website. If the tenant does not reclaim the property within the statutory time period, you may dispose of it if the total value does not exceed $700 or more. If it does, you will need to hold a public auction. Just throwing it away immediately could expose you to liability for the value of the tenant’s belongings.
Question 7: My tenant claims that, because the water heater stopped working for two days, he is entitled to withhold all of his rent. Is that true?
Answer 7: Not necessarily. A temporary interruption of hot water may create habitability concerns, but it does not automatically excuse the payment of rent. The key issues are the severity of the problem, how quickly the landlord responded, and whether the unit remained substantially habitable. A tenant who unilaterally withholds rent without legal justification may still be subject to eviction proceedings.
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.