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 is under the Los Angeles City Rent Stabilization Ordinance. Can I evict for non-payment of rent now?
Answer One: The city’s and county’s moratorium expired as of March 31, 2023. You can proceed with a 3 Day to Pay Rent or quit for April’s rent, if the total amount demanded exceeds the fair market value. The fair market value is determined by the number of bedrooms.
$1,534 for a studio apartment · $1,747 for a one-bedroom apartment · $2,222 for a two-bedroom apartment · $2,888 for a three-bedroom apartment · $3,170 for a four-bedroom apartment
Question Two: I heard somewhere that I had to serve a 30-Day Notice to Pay Rent or Quit and not a 3-Day. Is this the new law in the County of Los Angeles?
Answer Two: Effective April 1, 2023, any rent notice served in the county of Los Angeles that demands rent prior to April 2023, must be a 30-Day Notice to Pay Rent or Quit. This assumes that the tenant is low income as defined by the county.
Question Three: Now that the moratorium is over in the city of Los Angeles, can I raise my rent as of February 1, 2023?
Answer Three: Although the moratorium terminated as of February 1, 2023, you cannot increase the rent until at least February 1, 2024.
Question Four: Do rent increases, which exceed 10%, require a 90 Day Notice? I served my tenant a 60 Day Notice to increase the rent, which exceeded 10%. I received a letter from his attorney indicating that this was incorrect and that I must rescind this notice.
Answer Four: Per state law, if you serve an increase that is 10% or less, you must serve a 30-Day Notice. If you serve a notice that exceeds 10%, you must serve a 90-Day Notice. In this instance the attorney is correct. You should rescind the notice and immediately serve a 90-day increase notice.
Question Five: My tenant has an unauthorized person residing in her apartment. The rental agreement provides that an additional 10% will be charged for any additional occupants. Am I allowed to charge this 10% now? My property is in the city of Los Angeles and subject to the city’s Ordinance.
Answer Five: Ordinarily, you can only increase the rent as set by the city of Los Angeles each year. The provision in your rental agreement would violate the ordinance on rent increases. Additionally, there is still a rent freeze for all properties subject to the ordinance until February 1, 2024.
Question Six: I signed a two-year lease with my tenant which commenced on June 1, 2021. The lease will expire on May 31, 2023. This is a single-family residence in the city of Pomona. On February 1, 2023, I provided my tenant with a notice that I would not renew the lease and that she was expected to move. After she received the notice, she indicated that the premises were subject to Statewide Rent Control (AB1482) and that I would need good cause to terminate the lease. My understanding is that a single-family residence is not subject to Statewide Rent Control. Am I wrong?
Answer Six: You are correct that a single-family residence is not subject to Statewide Rent Control. There is one exception. Any lease executed or renewed on or after July 1, 2020, must contain language that the lease is not subject to the provisions of AB1482. If your lease does not have this language, then you will be subject to the statute and good cause is required to terminate the tenancy. Please check your lease.
Question Seven: My tenants have been complaining regarding noise coming from one of the units. I leased that unit to a mother and her adult son. The mother has become quite ill and has been placed in an assisted care facility. Since the mother left the son has been causing issues at the property. He has been constantly yelling at other tenants and being extremely loud in the unit. What are my options?
Answer Seven: This would constitute grounds for a nuisance eviction. I would suggest first writing the tenant a warning letter regarding the noise. The letter should state what the improper conduct is and that it must cease immediately. If the specified conduct then continues, a 3 Day Notice to Quit should be served.
Question Eight: I just had a tenant who gave me a two weeks’ notice that she was moving out. She refused to do a move-out walk through and just left the keys. She also refuses to give a forwarding address. Even though she left the keys, do they still owe me for the full month? Since I have no forwarding address, how and what form do I use to try to collect the rest of the rent owed to me? Also, where do I mail her deposit?
Answer Eight: Unless your rental agreement indicates to the contrary, a tenant is required to provide a 30-day notice to vacate. If they did not provide 30 days’ notice, they owe you the remaining days. You must send the itemization to the last known address, which in this instance would be the premises she vacated.
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”.