Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by eviction attorney Dennis Block.
Question One: My property insurance policy is not going to be renewed because the tenants use the outside of the unit for storage of their property. The place looks very cluttered. The rental agreement prohibits use of the common areas for storage of personal property. I have demanded that the tenants stop doing this, but they refuse. I have now found a replacement insurance policy that is literally four times higher than my current policy. Can I ask the tenants to pay for this increase or can I ask them to leave?
Answer One: There is no basis to ask the tenants to pay for this additional cost. The simple solution is to serve a 3-Day Notice to Perform or Quit. This notice will give them three days to remove their personal property. If the personal property remains, you can commence an eviction action.
Question Two: It was discovered that one of my units has mold. During the remediation process the tenant will not be able to remain in the unit. The process will take two weeks to complete. What is my financial responsibility to the tenant for this period?
Answer Two: In general, you cannot charge rent for the time the unit is being remediated. This would be on a per diem basis. You should also check the provisions in your lease agreement. In many leases, there is a requirement that the tenant must maintain renter’s insurance. This insurance would reimburse the tenant if they were forced to relocate. Clearly, a landlord would have no liability if the tenant failed to purchase this insurance.
Question Three: My building is located in the city of Los Angeles. I have long-term tenants who failed to pay the rent during the Covid period. When can I seek to recover those funds?
Answer Three: In the city of Los Angeles, all rent due for the period of March 1, 2020 through September 30, 2021 was due on August 1, 2023. Rent owed from October 1, 2021 through January 31, 2023 was due on February 1, 2024. A landlord is permitted to file a civil lawsuit or a small claims court action. It should be noted that there is no jurisdictional limit in small claims court when seeking Covid rental debt. Alternatively, an eviction action can be brought which will seek rent and possession for these time periods.
Question Four: A tenant recently moved into one of my apartments. Under the terms of the lease agreement the tenant is responsible for utilities. It has been over a month and the tenant has failed to change the utilities into her name. I have now received an invoice in my name. May I just turn off the utilities.
Answer Four: I would send the tenant a letter, which explains that she has failed to put the utilities in her name. Advise her that the utilities will be turned off in one week and that she must make immediate arrangements. In addition, I would send her the utility invoice and make a demand for reimbursement.
Question Five: My apartment building is located in Sherman Oaks and is subject to the Rent Stabilization Ordinance for the city of Los Angeles. Recently, a tenant has brought in a large dog that is in violation of the rental agreement. Is it permissible to charge additional rent and to increase the security deposit.
Answer Five: This would be in direct violation of the ordinance. Since the rental agreement prohibits pets, you can serve a 3-Day Notice to Perform or Quit for the dog to be removed. If the dog remains, you may proceed to file an eviction lawsuit. This would be your only remedy.
Question Six: My duplex is in escrow to be sold. How much notice do I need to give to the tenants that there will be a new owner?
Answer Six: The law does not require a seller to inform the tenants of an impending sale of the premises. This would be the responsibility of the new owner to inform the tenants that the property was sold. This should be in the form of a written communication. This writing should include:
The name of the new owner, a physical address where legal notice may be served, instructions on where to pay the rent, the phone number of the new owner or owner’s agent, and days and times when the tenant can contact the owner.
Question Seven: I am aware that the law regarding collection of security deposits will change as of July 1, 2024. We will now be limited to collecting a security deposit equal to only one month’s rent. Do you have any suggestions on how to get around this? My policy has always been to collect two months’ rent as a security deposit.
Answer Seven: Unfortunately, this will now be the new law in the State of California. The State Legislators decided that it was too difficult for tenants to obtain housing when forced to pay a security deposit equal to two months’ rent. My suggestion would be to increase your credit requirements when screening tenants, to prevent defaults on their rental obligations. Another suggestion would be to inform the tenants that the first month’s rent will be twice the amount you require, but thereafter the rent will be reduced to 50% of the first month that was charged.
Question Eight: I have a tenant that moved out of the apartment without any notice. This tenant owes over four months’ rent and left the apartment in a terrible condition. Am I obligated to account for the security deposit which was only $600.00? In addition, the tenant has not provided a forwarding address.
Answer Eight: Regardless of the circumstances on how the tenant vacated the unit, a landlord has a legal obligation to account for the security deposit within 21 days from when the unit became vacant. If you are deducting more than $125, receipts or estimates must be included. If you do not know the forwarding address of the tenant, you would need to mail it to the last known address, which would be the address of the vacated apartment.
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”.