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 located in Fullerton and is subject to the Renters Protection Act (AB 1482). My tenant has asked for permission to bring in a small dog. Although my lease prohibits pets, I am inclined to allow it because the tenant has always been exemplary. May I charge additional pet rent?
Answer One: Probably not, unless your lease already contains a clause specifying an additional monthly charge if a pet is allowed. Under AB 1482, charging additional pet rent would generally be considered an unlawful rent increase. In addition, you may not increase the security deposit if doing so would exceed the applicable state law limit.
Question 2: I am a new landlord. Could you provide some insight into the biggest mistakes new property owners make?
Answer 2: There are many common mistakes, but I would highlight the following three:
- Failing to Treat Rental Ownership as a Business
Owning rental property is a business and should be operated accordingly. Avoid verbal agreements and informal text arrangements whenever possible. Important matters – such as lease terms, notices, repair requests, entry notices, rule violations, and payment receipts – should always be documented in writing. - Not Understanding Which Laws Apply to the Property
Many landlords assume there is one uniform set of “California rules,” but that is not the case. Local ordinances, rent control regulations, and AB 1482 coverage can significantly affect how a property must be managed. Before setting rent, serving notices, or attempting to terminate a tenancy, you should first determine the property’s jurisdiction and whether it is subject to local or statewide rent stabilization. - Improper Tenant Screening
Some landlords rush the screening process out of fear of vacancy, while others apply inconsistent standards that create fair housing concerns. It is important to use a written screening policy based on legitimate criteria – such as income, credit, and rental history – and to apply that policy consistently to every applicant. Credit reporting and background screening tools can be extremely helpful when used properly.
Question 3: My tenant is demanding that I replace his refrigerator because the freezer is no longer working. My property is in Costa Mesa, California, and the tenant has occupied the premises for five years. When he moved in, I supplied the refrigerator as an accommodation. I understand that under the new law, landlords must provide a refrigerator for tenancies beginning on or after January 1, 2026. Since this tenancy began before that date, am I still obligated to repair or replace it?
Answer 3: Generally, yes. If you provide an appliance, you are typically responsible for maintaining it, regardless of when the tenancy began. The exception would be if the rental agreement specifically states that the refrigerator was provided only as an accommodation and that the tenant is responsible for repair or replacement.
Question 4: I have a two-bedroom unit with five adults and three children living in it. Is there a law that would consider this situation overcrowding?
Answer 4: In California, there is generally no single fixed statewide occupancy limit that applies to every rental unit. Instead, overcrowding is evaluated based on several factors, including:
- State health and safety standards
- Local city or county housing and building codes
- Fair housing and anti-discrimination laws
A commonly-referenced guideline is two occupants per bedroom, plus one additional occupant. However, occupancy issues can also depend on square footage, local code requirements, and the specific layout of the unit. Based on the general guideline alone, this situation may not automatically constitute overcrowding, but local rules should also be reviewed.
Question 5: My tenant was assigned a parking space under the lease agreement. I recently learned that he sold his vehicle and has been charging another tenant to use that space. Can I prevent this arrangement? If he no longer uses the space, may I take it back?
Answer 5: You should first review the terms of the lease agreement. Many leases provide that the parking space may only be used by a vehicle registered to the tenant. If the tenant is violating that provision, you may serve an appropriate notice to perform covenant or quit, requiring the unauthorized use to stop. If the violation continues, you may then consider pursuing an unlawful detainer action.
As to your second question, unless the lease specifically allows you to reclaim the space under those circumstances, there is generally no automatic basis for taking it back simply because the tenant no longer owns a vehicle.
Question 6: What are the requirements for recovering possession of a unit so that my son may occupy it? My duplex is located in the City of Orange and is subject to the TPA (AB 1482).
Answer 6: You may be able to terminate the tenancy for owner or family occupancy, but this is subject to several important conditions:
- Lease Provision
For tenancies initiated on or after July 1, 2020, the lease agreement must contain a specific provision notifying the tenant that the residency may be terminated for owner or family-member occupancy. In the absence of this contractual disclosure, you may be legally precluded from requiring the tenant to vacate on those grounds. - Relocation assistance
Relocation assistance is required. The amount is equal to one month’s rent.
Question 7: I have a tenant who leased two separate units in my apartment building. He occupies one unit, and his adult son occupies the other. He signed two separate rental agreements, one for each unit. He has now stopped paying rent on both units, so I served a 3-day notice for the combined rent owed. The court dismissed my case and stated that this was improper. What did I do wrong?
Answer 7: Because there were two separate lease agreements, you were required to serve two separate 3-day notices and file two separate unlawful detainer actions. The reasoning is that the tenant should have had the opportunity to cure the default on one tenancy while not curing the other. By combining both amounts into a single notice, that option was not available.
If, however, there had been only one rental agreement covering both units with a single total rent amount, then a single 3-day notice likely would have been proper.
Question 8: My tenant claims they are withholding rent because they do not like the color of the hallway carpet and say it is affecting their mental health. Is this a valid habitability claim?
Answer 8: Unless the carpet is actively pulsing with toxic mold or hiding a hole to the center of the earth, “aesthetic displeasure” is not a “repair and deduct” situation. That is what we call “standard rent non-payment,” and it usually ends with a 3-day notice.
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.