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: I recently was served by the city of Santa Ana a “Notice of Violation” that there was a plumbing issue in one of my units. My tenant never informed me of a problem. I served a 24 hour notice to enter. When I showed up, the tenant refused to allow me and the plumber to access the apartment. I am sure that she is trying to set me up with a lawsuit. Any suggestions.
Answer One: I would serve an additional notice to enter. On this notice, you should state that if you refuse my access on this second occasion, I will commence an eviction. Failure to provide access is cause for an eviction.
Question Two: I recently leased my unit to a couple. They asked if they could have a dog and I agreed. This was contained in the rental agreement. Since they have moved in, I have received numerous complaints that the dog continuously barks, as both tenants are at work during the day. I confronted them with this issue, but they said that since I authorized them to have a dog, that the neighbors will just have to put up with this inconvenience. Is there anything I can do at this point? I do not want to lose my other tenants.
Answer Two: While your tenants have the right to have a dog, they do not have the right to create a nuisance. A dog which incessantly barks, clearly would constitute a nuisance. You need to write a letter to your tenants saying that you have received complaints from other residents regarding their dog. I would inform them that the barking must cease, or the dog must be removed. If the problem continues, then you would have the right to bring forth an unlawful detainer action based on nuisance.
Question Three: I have a single-family residence in the city of Fullerton. I wish to build an ADU (Accessory Dwelling Unit) in the backyard. This will necessitate removing the use of the garage from my current tenants. Is this legal to do and if so, what notice should I serve?
Answer Three: Assuming the tenant is on a month-to-month tenancy, you certainly can restrict your tenant from using the garage. You would need to serve a 30-Day Notice of Change of Terms of Tenancy. No compensation is required due to the fact that this is a single-family residence and there are no limitations on the rent you can charge. On that basis, removing the use of the garage does not trigger a corresponding rent decrease.
Question Four: My property is subject to Statewide Rent Control, AB1482. It has been one year since I raised the rent on my tenants. What is the allowable increase that I can charge my tenants?
Answer Four: You do not state where your property is located, which would determine the amount of the increase. Under AB1482 the allowable increase is 5% plus the yearly CPI for the county in which the property is located. This amount cannot exceed 10%. The allowable rent increase as of August 1, 2024, varies by county:
- Los Angeles County: 8.9%
- San Diego County: 8.6%
- Orange County: 8.9%
- Riverside and San Bernardino Counties: 9.3%
Question Five: Is it legal to charge a late charge? I have a tenant who continually pays rent late, in total disregard to the terms in the rental agreement. Also, if the tenant refuses to pay, how would I be able to enforce this?
Answer Five: Yes, you can charge late fees for residential rent payments, but there are specific conditions and limitations you must follow. The lease agreement must explicitly state the conditions under which late fees will be charged, including the amount of the fee and any grace period before the fee is applied. The late fee must be reasonable and not punitive. It should reflect the actual costs incurred due to the late payment. Excessive fees that appear to be penalties, rather than compensation for actual damages, may not be enforceable. If the tenant refuses to pay the late charge, you can serve a Notice to Perform or Quit. If the tenant fails to comply, you can commence an eviction.
Question Six: I have a tenant who wants to bring in a dog and claims it is an emotional support animal. He presented me with a letter from his cardiologist!? Is this a legitimate professional, who can give this type of a note?
Answer Six: Under California law, any medical professional can issue this type of letter. The provider must state their license number and must have treated the patient at least 30 days prior to issuing the letter. I recently had a landlord inform me that he too received a letter, and this one was issued by the tenant’s chiropractor. I advised that client that she would have to authorize the dog.
Question Seven: My unit had a serious issue with mold. We scheduled a mold remediation company who treated the unit and a mold test indicated that the premises were cleared. My tenant did have many personal items that needed to be disposed of, due to the mold. She is now presenting me with an invoice and demanding that I pay for these items. Am I obligated to pay for these items?
Answer Seven: In law, a landlord would only be responsible based on negligence or on a contractual basis. If you acted immediately to remediate, you would not be liable on a negligence theory. In addition, I am sure that there is no term in your lease agreement which would obligate you to be responsible. If you have used the AOA lease, there is a provision dealing with Renter’s Insurance. That provision provides that the tenant cannot hold a landlord liable for damage to personal property. Compensation can only be obtained through the tenant’s Renter’s Insurance policy.
Question Eight: I recently purchased a house. Escrow has closed and I have come to find that the seller’s son has refused to vacate. The seller informed me that he has no control over his son and that I will have to handle the problem. What should I do?
Answer Eight: You need to bring forth an eviction against the occupant. There is a specific 3-Day Notice to Quit, based on failing to vacate after the sale of the property. After the son is evicted, you can bring forth a civil suit against the seller for failing to have the house vacated at the close of escrow.
Dennis Block, of Dennis P. Block & Associates can be reached for information on landlord/tenant law or evictions at any of the following offices: Los Angeles: 323.938.2868, Encino: 818.986.3147, Inglewood: 310.673.2996, Long Beach: 310.434.5000, Ventura: 805.653.7264, Pasadena: 626.798.1014, Orange: 714.634.8232, San Diego: 619.481.5423 or by visiting www.evict123.com. Now, you can also read Dennis Block on Twitter, www.twitter.com/dennisblock or text him at (818) 570-1557. “Landlord Tenant Radio Weekly Podcasts can be heard at any time at www.EVICT123.com or download the app “EVICT123”.