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 have a tenant who brought in a dog in violation of the lease agreement. He showed me documentation indicating that this is an emotional support animal. On that basis, I was forced to allow the dog. Last week, the dog got loose in the courtyard and bit another resident. The resident is demanding that I have the dog removed. How should I handle this situation?
Answer One: Under the California and Federal Fair Housing Acts, a landlord must allow for a reasonable accommodation if proper documentation is received regarding an emotional support animal. In this case, however, the accommodation is no longer “reasonable” because it has been established that the animal has a propensity to bite. You should inform the tenant that the dog must be removed within two weeks or you will be forced to bring an eviction action. Emphasize that you will allow the tenant to have an emotional support animal, but it cannot be this specific dog.
Question 2: What is the legal process for dealing with “abandoned” property left by a tenant?
Answer 2: If a tenant leaves personal property behind, you must follow the statutory notice procedure outlined in Civil Code Section 1980. You must notify the tenant and give them 15 to 18 days to claim the items. If the items are worth more than $700, you may eventually have to sell them at a public auction. The forms required to declare personal property abandoned can be found in the forms section of the AOA website.
Question 3: I have a tenant who chooses to pay his rent late every month. My lease agreement states that I can impose a late fee if the rent is even one day late. My tenant is telling me this is not legal because I have to allow a grace period. Is this true?
Answer 3: You can charge a late fee only if it is specifically authorized in the written lease agreement. The fee must be “reasonable,” meaning it should reflect the actual administrative costs you incur due to the late payment. A late charge can be imposed if rent is one day late, provided it is contained in the rental agreement. A grace period is not required by California law.
Question 4: I have an ADU in the rear of my property. Without my permission, my tenant installed an EV charging station. He wired it so the electricity comes from his own meter. Can I force him to remove this charging station?
Answer 4: California law (Civil Code Section 1947.5) generally requires landlords to approve a tenant’s request to install an Electric Vehicle (EV) charging station at the tenant’s expense, provided the property has at least five parking spaces. However, if there are only two units on the property, the law may not apply in the same way, and you may have the right to ask him to remove the alteration.
Question 5: Can I refuse to rent to a tenant who uses a Section 8 voucher?
Answer 5: No. As of 2020, California’s Fair Employment and Housing Act (SB 329) prohibits discrimination based on “source of income,” which includes Section 8. You must treat voucher holders like any other applicant, though you can still screen them for references. Under a newer law, you cannot reject an applicant based on poor credit if they can demonstrate the “ability to pay” their specific portion of the rent. Note that “testers” often call landlords to see if they accept Section 8; if you say no, a lawsuit is likely to follow.
Question 6: Am I required to pay for a tenant’s hotel stay if the unit becomes uninhabitable?
Answer 6: If a unit becomes uninhabitable due to a disaster or major repair (like a burst pipe or fumigation), you are generally not required to pay for a hotel, but the tenant is not required to pay rent for the days the unit is unusable. However, some local rent control ordinances, for example, in Los Angeles, may require relocation payments for temporary displacement.
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.