Below are frequently asked questions from rental property owners about California Rental Law Q&A, followed by detailed answers provided by Below are frequently asked questions from rental property owners about California Rental Law Q&A, followed by detailed answers provided by Attorney Richard Beckman,
Question 1: Regarding AB 2747 (Credit Reporting commencing April 1, 2025), please clarify what the bill appears to indicate in ‘Section j’ regarding exemption from the reporting if the landlord meets certain criteria.
Answer 1: Under AB 2747, as of April 1st, most residential rental property landlords are required to offer tenants the option to report positive rental payment history to credit reporting agencies. However, there are specific exemptions outlined in the bill, particularly in ‘Section j’:
(j) This section shall not apply to either of the following:
(1) A landlord of a residential rental building that contains 15 or fewer dwelling units, unless both of the following apply:
(A) The landlord owns more than one residential rental building, regardless of the
number of units in each building.
(B) The landlord is one of the following:
(i) A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
Examples:
Example 1: John owns four fourplexes under his personal name. He is exempt because none of the properties are in a REIT, Corporation, or LLC with a corporate member.
Example 2: Sarah owns ten duplexes under an LLC that has no corporate members. She is exempt because there is no corporate member in the LLC.
Example 3: Mike owns three triplexes under a LLC with a corporate member. He must comply because the properties are under a LLC with a corporate member.
Question 2: What kind of notice do I serve a tenant who has lived in a single family house in Alameda for more than one year? She is being evicted for failure to pay back rent for 2024 and 2025 of roughly $8000. Our lease is with her only, but she currently has two roommates whose names I do not know. Do I have to address them in the notice?
Answer 2: Regardless of the nature of the rental unit (SFH, multifamily building, etc.), if the tenant owes rent that’s not more than 12 months old, a ‘Three Day Notice to Pay Rent or Quit’ is required. Generally speaking, if the subtenants are known, they should be included in any three-day notice to pay or quit, as subtenants generally have the right to cure the rent default to save the master tenancy (and their own subtenancy). If they aren’t known, they are included as “and all others” in the notice. You should also make sure that if you’re subject to any notice requirements of either the city of Alameda or unincorporated Alameda County, including the obligation to provide the respective rent boards with a copy of any notice, that you comply with those requirements. Failure to do so can be a complete defense to any subsequent unlawful detainer based on the notice.
Question 3: My tenant was on a month-to-month rental agreement. I raised his rent and instituted a new, one-year lease, back in September of 2024. He has been paying the new rent amount since the increase. I have now discovered I do not have a copy of the fully executed rent increase and lease extension document. I only have an electronic copy of the version with my signature. I’ve asked the tenant if he has his fully executed copy, but he appears not to have it, or at least he’s yet to produce it. I want to get (again) in writing a fully executed document stating the new rent and the lease term that ends September 1, 2025. What is the best way to proceed?
Answer 3: Changes in the terms of tenancy, including rent increases, are covered by Civil Code Section 827, which sets out the procedure. Under that section, the tenant’s signature is not necessary to create the binding change in terms of tenancy – simply remaining in possession and tendering rent after the notices expire makes them legally operational. While it’s always nice to have a tenant signature on a ‘new’ rental agreement, it is not required in order for that change to be legally in effect (that would not necessarily be the case with the original rental agreement).
You could send the tenant another copy with your signature and simply ask him to sign and return it, and if he does, fine, and if he doesn’t, then perhaps you have a slightly more adversarial relationship than you might have thought. But, in fairness to the tenant, sometimes they are afraid that signing something will bind them to something that’s not in their best interest so they just simply ignore it. I think if you let him know that his signature is not required, but would be appreciated, that might get his cooperation.
Question 4: The rental unit is a standard home with a front and back yard. The rental agreement has no mention of keeping up the landscaping. They are now moving out of the home and many weeds need to be cleaned up. Where does the responsibility lie for cleanup?
Answer 4: Under California law, a tenant’s responsibility for maintaining landscaping and yard upkeep in a rental property is generally determined by the terms of the lease agreement and any specific law. In the absence of a written agreement assigning responsibility for landscaping and yard maintenance to the tenant, the general rule is that the landlord is responsible for ensuring that the property remains in good condition, including maintaining the landscaping. However, tenants are typically expected to avoid causing excessive damage or neglect that goes beyond normal wear and tear. If the yard is in significantly worse condition due to the tenant’s negligence, such as excessive weeds, dead plants, or other damage that exceeds what would be expected from natural growth over time, you may be able to deduct the reasonable cost of cleanup from the tenant’s security deposit.
If the lease agreement had a provision specifically requiring the tenant to maintain the landscaping, such as regular mowing, watering, or weeding, then they could be held responsible for any failure to do so. As that is not the case here, your ability to require them to clean up before moving out or to charge them for cleanup will depend on whether the current condition of the yard exceeds normal, expected deterioration.
Question 5: We recently received complaints about a tenant in our duplex whose adult daughter is regularly causing a nuisance by standing outside and yelling curse words, vulgarities, and threats to seemingly nobody at all hours of the day and/or night. We wrote a letter to the tenant explaining that this behavior is a violation of her lease and that she could be asked to move if she can’t get these disturbances under control. We spoke to the tenant when we delivered the letter, and she admitted that her daughter is a problem and that this is almost a nightly occurrence. She doesn’t know what to do or how to stop her. She said the police won’t help her because she isn’t a threat to herself or others. She admitted that she may have to move. In the letter, we gave her seven days to come up with a plan..
This tenant has lived in the home for nearly 30 years, so we have a good relationship with her. We suspect that drugs may be involved, but we have no evidence of that, and the tenant has never mentioned a mental health diagnosis or asked for any sort of accommodations for her daughter. Assuming that she does not come up with a workable plan in the next week, what are our next steps? What do we need to watch out for?
Answer 5: That is a very difficult situation, for various reasons. As you stated, the tenant has been a long-term tenant that you have had a good relationship with, and clearly she must be suffering over her daughter’s condition, as well as the potential threat to her housing arrangement.
There are various options, but those that involve addressing the daughter’s behavior without risking the mother’s tenancy are fairly limited.
Clearly the daughter needs some sort of mental health treatment, unless she really is just simply on recreational drugs all these moments, which would be a different issue.
I suggest seeing if the mother would agree to somehow work with the daughter to seek treatment because clearly the daughter needs it. If the mother (or more likely, the daughter) is unable or unwilling to commit to that, for whatever reason, and the disturbances by the daughter affect other tenants, you may have no choice but to remove the apparent source of the problem, even if it means removing the mother. That would be another topic though.
Question 6: I have a single tenant in my single-family rental that wants to bring in a roommate. I don’t want another tenant in the house. Do I have legal standing to say no?
Answer 6: Generally, the issue of subletting or roommates is covered in the lease under the subletting and assignment section. Those provisions vary between an ‘absolute prohibition’, meaning you can deny a sublet request without any reason, or it gives the owner the right to deny a sublet request, but only if there is a good (and legally recognized) reason. The owner’s preference for rejecting another occupant is likely not a sufficient reason. However, there are many local ordinances which limit the landlord’s right to enforce either provision, so you need to be aware of that possible aspect and respond to a sublet request accordingly.
Question 7: Since AB 2216 (regarding tenant’s right to have a pet) did not pass, I am confused about what is allowed as far as landlords requiring pet deposits, pet rents, dictating quantity, breed, and size of pets. Also, with the new law limiting the security deposit to one month’s rent, how do we assess the pet deposit? Doesn’t that put us over the new one-month security deposit rule? Thanks in advance.
Answer 7: Under California law, landlords are permitted to require a pet deposit. However, this deposit must be included within the overall security deposit limit. As of July 1, 2024, the total security deposit, including any pet deposit, cannot exceed one month’s rent. This means that landlords cannot charge an additional pet deposit if it would cause the total deposit to exceed this limit. (note that the landlord can still require a two months deposit if the landlord doesn’t own more than four units).
Landlords may charge a monthly pet rent as an alternative to a pet deposit. This pet rent is not subject to the same legal caps as security deposits and from various reported sources can range from $20 to $75 per pet. It is crucial to clearly outline this in the lease agreement to avoid potential disputes.
Pet Policies: Landlords have the right to set reasonable restrictions on the number, breed, and size of pets allowed in their rental properties. These policies should be explicitly stated in the lease agreement. However, landlords must make reasonable accommodations for service and emotional support animals, which are not considered pets and cannot be subject to pet deposits or pet rent.
Richard Beckman, of Beckman, Feller & Chang P.C., has been practicing landlord-tenant law for over 26 years, primarily in rent-controlled jurisdictions such as San Francisco, Oakland and Berkeley. He represents clients in a broad range of real estate-related disputes, including partition of co-ownership interests, purchase contract disputes, insurance coverage analysis and land use. Mr. Beckman also specializes in all aspects of landlord-tenant issues, representing landlords and tenants in residential and commercial matters. He can be reached at 510-548-7474; email [email protected] or by visiting the website www.bfc-legal.com.