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 1: I had served a 3-day notice to pay rent. My tenant’s check arrived five days later. Do I have the right to return the rent check and continue with an unlawful detainer action?
Answer 1: The first thing that must be considered is when that 3-day notice expired. The day you serve the notice would be day ZERO. Thereafter you must also exclude all weekend and judicial holidays. Assuming the rent did arrive after the notice expired, more facts must be considered. If the location for payment was a physical address, the payment must have been received before the notice expired. If the location for the payment was a PO Box, then the rent payment only needed to be mailed within the 3-day period.
Question 2: Does a tenant have the right to add a lock to a gate? The area in question is solely used by this tenant. He has offered to give me a key, but I would rather that no lock existed.
Answer 2: Most rental agreements prohibit alterations to the premises without the landlord’s written consent. Some rental agreements specifically prohibit the installation of a lock. Assuming your rental agreement has either of these provisions, you would be justified in informing your tenant to remove the lock. If the tenant fails to comply, you could serve a 3-Day Notice to Perform or Quit.
Question 3: My property is located in Brea, California. One of my tenants feels empowered to pay rent on the 25th of each month. If I serve a 3 day notice to pay rent, he will immediately pay the rent which prevents me from proceeding with an eviction. He literally laughs when he delivers the rent. Is there anything I can do?
Answer 3: You are correct that if he pays within the 3 day period, you will be able to bring forth an unlawful detainer. You might choose a different direction. Assuming your lease has a proper late fee provision, your tenant would be obligated to pay the late charge. Calculate all the late charges that were incurred and that can be the subject of a 3-Day Notice to Perform or Quit. Once served, you would be able to proceed with an unlawful detainer if the late charges are not timely paid. Lastly, please feel free to laugh when you serve the notice.
Question 4: My wife of 23 years just took off with another man, who happens to be my best friend. To make matters worse, she left her mother in a rear guest house. My mother-in-law has never paid rent. She is refusing to move. I am the sole owner of the house. The sight of her makes me ill and I want her out. Can I evict her?
Answer 4: Absolutely! Her possession of the premises is considered a “Tenancy at Will”. Under the Civil Code you would need to serve a 30-day notice to quit. If the mother-in-law refuses to move, you could then bring forth an eviction action.
Question 5: My tenant has violated the lease as additional persons are occupying the apartment. I know I need to serve a 3-Day Notice to Cure or Quit. I am sure that my tenant will deny that there is any other person occupying the premises. How do I prove that these additional persons are residing on the premises?
Answer 5: In general, you will need witnesses that can testify that these additional persons are occupying the premises. You are allowed to be one of these witnesses. If you notice the same people coming and leaving on a daily basis, this would be enough to establish that they are residing on the premises. If you can identify the vehicles that they drive, you should observe and keep a log that these vehicles are parked overnight. This would be further evidence that they are occupying the premises.
Question 6: My property is located in Fullerton and is subject to Statewide Rent Control. The property has only one central meter. I pay for all of the utilities. Is it possible to require the tenants to be responsible for their own utilities?
Answer 6: Under Statewide Rent Control you are limited to one rent increase per year, which is computed at the rate of 5% plus the CPI. The rent increase can never exceed 10%. This year the rent increase is limited to 8.8%. This will change in August 2024. Forcing a tenant to pay for utilities, after the tenancy has been established, would be considered an improper rent increase.
Question 7: I understand that as of July 1, 2024, I will be limited to requesting a security deposit equal to one month’s rent. Is it permissible to also charge for last month’s rent and/or a pet deposit?
Answer 7: All deposits are considered a security deposit, regardless of how it is labeled. Requesting those deposits would be in violation of the Civil Code 1950.5.
Question 8: I have a Section 8 tenant. Under the rules, am I allowed to terminate this tenancy in order to have my son occupy the unit? Would I be required to pay relocation?
Answer 8: Assuming your property is not subject to a local rent control jurisdiction, it is permissible to ask a tenant to leave in order to have your son occupy the unit. Section 8 tenancies are not subject to Statewide Rent Control and therefore no relocation would be required. You do have to comply with Section 8 rules. If there is a comparable unit on the property, your son would have to move into that unit. Also, the rules require that a 90 day notice to quit be served.
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”.