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 six-unit building located in Alhambra, California. I understand that I will not be able to raise rents until February 1, 2024. At that time, what is the amount of the increase?
Answer One: Assuming your building is over 15 years old, you would be subject to Statewide Rent Control. Currently, the allowable rent increase is 8.8%. This rent increase can be implemented immediately if you have not raised the rent in the last one-year period.
Question Two: One of my tenants is asking for me to pay to clean his carpets. Is that considered an obligation of the landlord? He has occupied the property since August, 2019.
Answer Two: You do not have any obligation to clean his toilets or his carpeting. This is considered normal maintenance, which is the responsibility of your tenant. It should be noted that carpet cleaning can be deducted from the tenant’s security deposit when the unit is vacated.
Question Three: I have a tenant who is under a three-year lease, which will be ending next month. This is a single-family residence. He is asking for a new lease for the same term. Am I obligated to offer a new three-year lease and if I do, how much may increase the rent?
Answer Three: You have no obligation to offer a new lease. That would completely be your own decision as to the terms or you can allow this to convert to a month-to-month tenancy. Since this is a single-family residence, you may set the rent to any amount you choose.
Question Four: I have a duplex in the city of Rowland Heights, which I am planning to sell. I have a tenant in one of the units and I occupy the other unit. My broker has indicated that my sales price would be higher if I could offer both units vacant. My tenant is on a month-to-month tenancy. Am I able to just issue a 60-day notice to quit?
Answer Four: Normally your property would be subject to Statewide Rent Control, assuming it was built more than 15 years ago. Under this statute, you cannot terminate a tenancy, as selling a unit is not a proper cause. You do, however, fall under an exception. Under the statute your property is not subject to Statewide Rent Control if the property is a duplex, and the owner occupied the premises prior to the initiation of the tenancy. On this basis, you would be free to issue a 60-day notice and no relocation would be required.
Question Five: I am leasing a single-family house which has a pool in the backyard. A family is moving in which has children. My prospective tenant is telling me that I must have a fence around the pool since the premises will be occupied by minor children. I know that I cannot discriminate against children, but I do not want to go through this expense. What are my options?
Answer Five: Most building codes do not require that fencing exist around the pool area. There must be a fence or gate, which prevents people from wandering from the street into your backyard. I assume the property is already blocked off from the street and as such you have no further obligation. I would inform the tenant that you will not object to the building of a fence around the pool, but it would be at his own cost and must be removed once the tenancy terminates. The tenant should be made aware that he assumes the risk solely if there is any injury.
Question Six: I need to tent my building for three days due to termites. The tenant will have to relocate for this period. Am I required to offer compensation, since they will not have use of the premises?
Answer Six: In general, they would only be entitled to a credit of the rent for the days that the premises could not be occupied. You might also review their lease agreements which might require that they maintain renter’s insurance if they are forced to temporarily relocate. My experience suggests that it might make things go smoother if you do offer some additional relocation expenses, even though this is not required.
Question Seven: My rental agreement states that all pets and animals are prohibited. When I leased a unit to a tenant many years ago, the tenant asked if he could have one small dog. I orally agreed to this request. Now it has been three years and I recently found out that he has a total of three dogs on the premises. When I confronted the tenant that this was a violation of the agreement, he stated that since I orally allowed permission to bring in a dog that the provision in the lease has now been waived. Is this legal interpretation correct and can I initiate an eviction?
Answer Seven: Your tenant’s interpretation of the law is totally incorrect. You allowed him to have one dog, that does not give him license to extend your oral modification of the contract. You have the right to serve a Notice to Perform or Quit to remove the two additional dogs. If the dogs remain after the three-day period, you can bring forth an unlawful detainer.
Question Eight: I have a tenant on the ground floor of my building. Every time he hears the upstairs tenant walking, he bangs on his ceiling which is very disturbing to this other tenant. I have already lost one tenant due to this behavior and now he is starting on my new tenant. I know that the upstairs tenant is not doing anything abnormal. It is clear that my downstairs tenant is hypersensitive. How would you suggest that I handle this situation?
Answer Eight: You might try installing area rugs in the upstairs unit which might dampen the noise. In any event, you should warn your offending tenant that his behavior constitutes a nuisance and would be grounds for eviction if it continues. He should understand that when you live in a multi-unit building, you must accept certain noise levels. Tell him that at the next instance, you will be filing for an eviction.
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”.