Below are questions asked by rental property owners regarding California rent control laws, followed by answers provided by eviction attorney Dennis Block.
Question One: I own an apartment building in Los Angeles that is under rent control. Twenty years ago, I leased an apartment to a couple. Within the last five years, their nephew moved into the unit. It appears that on a couple of occasions, I accepted rent from this third person. Now I have been informed that the original tenants are moving and the nephew wishes to stay. He claims that he is a protected tenant under rent control since I accepted his rent, and he states that the rent cannot be raised. I only inadvertently accepted his rent check as I didn’t really notice that the check came from him. Am I now obligated to continue the tenancy at the same rate?
Answer One: Fortunately, there is a California statute that protects you in this situation. Under the Costa-Hawkins Rental Housing Act, since the nephew was not an original occupant, you have the right to raise the rent to market level. This remains the case even though you accepted rent from this person.
Question 2: What are the current limits on annual rent increases under the California Tenant Protection Act?
Answer 2: Under AB 1482, most multi-family properties are subject to a rent cap that is either 5% plus the local Consumer Price Index (CPI) or 10% of the lowest rent charged during the prior 12 months, whichever is lower. Assuming your property is not subject to a local rent ordinance, the CPI for Los Angeles and Orange Counties is currently 3%. That would allow you to raise the rent by 8%.
Question 3: Am I required to accept Section 8 vouchers or other forms of rental assistance?
Answer 3: Yes, California’s Fair Employment and Housing Act prohibits discrimination based on “source of income,” which includes federal, state, or local public assistance and housing subsidies like Section 8. It would be considered discriminatory if you summarily rejected a Section 8 applicant. In addition, poor credit cannot be used to reject a Section 8 applicant; the law has been changed so that you are only allowed to evaluate their “ability to pay” their portion of the rent. Of course, other factors can be used to reject an applicant. Landlords should be warned that there are “testers” making screening calls to check if landlords will accept Section 8 applicants.
Question 4: Can I ban smoking or vaping inside my rental units?
Answer 4: Yes, California law allows landlords to prohibit the smoking of tobacco or any other product, including cannabis, anywhere on the property or in specific areas. I recommend the AOA lease, as its “no smoking” policy is clearly written into the agreement.
Question 5: What are my responsibilities if a tenant reports a mold or pest issue?
Answer 5: Landlords have a duty to maintain “habitable” premises, which includes keeping the unit free from vermin and visible mold that endangers health. This responsibility cannot be shifted to the tenant. You should respond to such complaints immediately, as a failure to act could result in your tenant filing a civil lawsuit for habitability. These lawsuits are becoming very prevalent, and many insurance policies do not cover them.
Question 6: Am I liable if one tenant is harassing another tenant on my property?
Answer 6: Under recent fair housing interpretations, a landlord can be held liable for maintaining a “hostile environment” if they knew or should have known about the conduct and failed to take corrective action. When informed of an incident, you should immediately investigate the allegation. All parties involved should be interviewed, including any potential witnesses. Depending on the conduct, you should either write a warning letter to the offending tenant or commence an eviction.
Question 7: Can I require my tenants to pay rent only through an online portal?
Answer 7: No, California law (Civil Code 1947.3) requires landlords to allow at least one form of payment that is neither cash nor an electronic funds transfer, such as a personal check or money order. While you can encourage online payments for convenience, you cannot make it the exclusive method of payment.
Question 8: My tenant is requesting that I install an EV (Electric Vehicle) charging station in my garage. Am I obligated to do this, and who pays for the installation and the electricity?
Answer 8: California law generally requires landlords to approve a tenant’s request to install an EV charging station at the tenant’s expense, provided certain conditions are met. The tenant must pay for the installation, maintenance, and electricity, and they must also maintain a $1 million liability insurance policy naming the landlord as an additional insured.
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.