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 One: I have a tenant who recently died while inside the apartment unit. This tenant had a live-in caretaker. In the last few months this caretaker would be the one who would tender a money order to pay for the rent. Now that the tenancy has terminated, the caretaker is refusing to vacate. She states that since she was paying the rent, she has now established a tenancy and I would need good cause to evict. My property is in the city of Santa Ana. Do I have the right to bring forth an eviction?
Answer One: You certainly can initiate an eviction action. The tenancy terminated once your tenant died. The fact that the caretaker was paying the rent does not establish a tenancy, as she was merely acting as an agent for your tenant. In this situation, a 3-Day Notice to Quit would be served and an unlawful detainer action could thereafter be filed.
Question Two: My tenant just brought in a dog into the unit and presented me with a letter from a local doctor that this is an emotional support animal. While my lease prohibits pets, I do understand that I must allow my tenant to have a dog, based on his disability. Here is my problem. The dog has been here only 1 week and continually howls when my tenant goes to work. I have received 6 complaints from the other residents in this short period of time. I am afraid I might lose some tenants if this continues. Any suggestions?
Answer Two: Under the California and Federal Disability Act, a landlord must allow for a reasonable accommodation where an individual requires an emotional support animal. The issue is whether this would constitute a reasonable accommodation. Based on the complaints that you have received, I do not believe that this would be a reasonable accommodation. You should write your tenant a warning letter that this situation cannot continue. Either your tenant will have to control his dog or replace it with a different dog.
Question Three: My apartment building is located in the city of Anaheim Hills. It was built in 2015 and I understand that I am not subject to any rent control. I recently served a rent increase notice to my tenant. I raised his rent 25%. He has now sent me a letter stating that he intends to move, because of this increase. He is demanding relocation and is demanding $10,200. He claims this is required under Statewide Rent Control, as I am displacing him and his family from his 3-bedroom apartment. Is this true?
Answer Three: Your tenant is delusional. There is no requirement for a landlord paying relocation based on a lawful rent increase. Under the law, since you served a rent increase notice which exceeded 10%, a 90-day rent increase notice was required to be served.
Question Four: I leased my condominium to a very nice couple. Soon after they moved in, a flood occurred which came from an upstairs unit. The homeowner’s association has been dragging their feet to get the repairs completed. My tenants are complaining that the repairs have taken too long to complete. I feel bad for them, but my hands are tied. Any suggestions on what I should do?
Answer Four: A landlord has an obligation to make necessary repairs in a reasonable period of time. The fact that the homeowner’s association is not acting responsibly, does not absolve you from liability. You should make a demand to the association that if the job is not immediately done, that you will have your contractor commence the repairs and hold them liable. In addition, I would offer your tenants a reduction in rent for the time that the unit was not fully habitable.
Question Five: I have a husband and wife that have lived in my unit for the past 6 years. Recently they have not been getting along and the husband has moved out. He is now demanding that he be removed from the lease as he is no longer occupying the unit. Am I required to remove him from the lease agreement? The wife is also telling me that he should be removed.
Answer Five: There is no legal obligation to remove the husband from the lease. A “partnership” leased the unit, and the “partnership” will be responsible until the unit becomes entirely vacated. Assuming the wife is not financially able to pay the rent, the husband would still be legally responsible.
Question Six: My tenant has not paid rent for over 3 months. My manager informs me that she has not been at the unit for this same length of time. I checked the unit, and it appears that most of her items have been removed, though there is still a bed left in the apartment. Am I required to go through an eviction process or can I simply just change the locks. I have received no notice from my tenant as to her intentions.
Answer Six: Based on these facts, I do not believe that you are required to file a formal eviction. In any event, you cannot just change the locks. You would need to go through an abandonment procedure. Under the law, if a landlord has a reasonable belief that the premises have been abandoned and rent is owed for 14 consecutive days, an abandonment notice is required to be sent to the tenant’s unit. The letter explains that the unit will be deemed abandoned in 18 days, unless the tenant declares that he/she has not abandoned the premises, and an address where the tenant can be served legal process by certified mail. If no letter is received from the tenant, the locks can be legally changed after the 18-day period expires.
Question Seven: I have an 8-unit apartment building in Mission Viejo. The building has not been renovated in over 25 years. I am constantly having to make repairs on a daily basis. Am I allowed to ask the tenants to move, so that I might do a major renovation? If so, am I required to give relocation and what type of notice must be served?
Answer Seven: You would be able to terminate the tenancies on the basis that you intend to perform major renovation. Major renovation is defined as work taking longer than 30 days to complete, for each unit, and work that requires obtaining a building permit. A 60-day notice is required. Relocation is equal to one month’s rent, which can be offset against their final month on the property.
Question Eight: My property is located in Seal Beach. All my tenants are on a month-to-month tenancy. I have received complaints from most of the residents that 2 tenants are smoking in the common areas. This smoke is permeating into other units. I asked them to stop, but they just ignored my request. I reviewed their rental agreements, and it is silent as to smoking. What are my options?
Answer Eight: Since your tenants are on a month-to-month tenancy, you could serve a 30-Day Notice to Change the Terms of the Tenancy. This notice would prohibit smoking, anywhere on the premises. Once the notice expires, if the tenants continue to smoke, you could issue a 3-Day Notice to Perform or Quit. If they fail to comply, an unlawful detainer could be filed.
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”.