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 understand that there was a new case decided in California which requires changes to a Three Day Notice to Pay Rent or Quit. Can you go over these changes? Also, I am in the middle of an eviction case and obviously my Three Day Notice would not have included those changes. Will I lose my case?
Answer One: The Court of Appeals, in a case entitled “Eshagian v. Cepeda”, clarified those items that must be included in a Three Day Notice to Pay Rent or Quit. Those item include:
- The Three Day Notice must be in writing
- Must state the amount of rent owed
- Must state how rent is to be paid
- Address and phone number of person accepting rent
- When and where rent can be paid
- Must state that failure to pay will result in the landlord seeking possession
(Cannot just state “Pay or Quit”)
- Must state when the notice period will expire
If you used the AOA notice, I believe that notice would be in compliance with the law. You should not have a problem in your existing case. In an abundance of caution, the AOA has revised the notice, to make it even clearer that it is in accordance with this latest ruling.
Question Two: I allowed my tenant to have a dog at my apartment building. This dog got loose and bit the postman. The post office has issued a letter that mail will not be delivered unless the dog is removed. This is causing all of the tenants to have to make trips to the post office. All of the tenants are extremely upset, but my tenant refuses to get rid of the dog. What do you suggest?
Answer Two: Clearly this situation would be considered a nuisance to the other residents. Inform your tenant in writing that if the dog is not removed immediately, you will be forced to commence an eviction.
Question Three: My property is located in Costa Mesa. It is a single-family residence. It is occupied by a long-term tenant. I understand that I am not subject to rent control under the Costa-Hawkins Rental Housing Act. Recently, I finished construction on an Accessory Dwelling Unit (ADU). The rent on the single-family residence was due for a rent increase. I therefore served him with a 15% increase. He informed me that the rent increase can only be 8%. How is that possible, as I thought I was protected under Costa-Hawkins?
Answer Three: Costa-Hawkins Rental Housing Act is a California state law that generally exempts single-family homes from local rent control ordinances, allowing landlords to set rents freely (except for certain exceptions). However, there are important caveats.
Under Statewide Rent Control, if a property contains more than one dwelling unit (for example, a main house plus an ADU), the single-family residence would be subject to that statute, if it was built more than 15 years ago. Properties that are subject to Statewide Rent Control in Orange County are limited to an 8% rent increase for the period of August 1, 2025, through July 31, 2026.
The bottom line is that you should increase the rent on the single-family residence prior to the issuance of a certificate of occupancy on an ADU.
Question Four: I have a tenant whose bedroom window faces the courtyard of my building. Other residents complain that they can see her getting undressed as they walk by her window. I want to inform her of these complaints, but I would like to do it delicately. What are your suggestions?
Answer Four: I agree that it is important to address this situation with sensitivity and respect for your tenant’s privacy, while also considering the concerns of other residents. A polite, private written note or email is often best for sensitive matters. This allows the tenant to read and process the message in private, without embarrassment. Frame the issue as a concern that has been brought to your attention, rather than a complaint or accusation. Avoid any language that could be interpreted as shaming or blaming. Emphasize that your goal is to ensure everyone’s comfort and privacy, including hers. You might suggest possible solutions, such as using curtains, blinds, or window coverings, and offer to help if she needs assistance with this.
Question Five: My tenant has contested an eviction case, and the matter was proceeding to trial. On the day of the trial the tenant, without an attorney, requested that the matter be heard as a jury trial and requested a continuance to obtain the services of an attorney. My attorney informed me that you must request a jury at least five days prior to the trial date and post jury fees. Incredulously, the court allowed the tenant to have a jury trial and continued the trial date for the tenant to seek counsel. How is this possible? Are the laws only in favor of tenants? This will add thousands of dollars in additional attorney fees.
Answer Five: Clearly the system is designed to protect tenants and to trample on the rights of property owners. While it’s true that California law (Code of Civil Procedure § 631) generally requires a party to demand a jury trial and post jury fees at least five days before the trial, courts have broad discretion, especially when a party is self-represented (in pro per). Judges are often reluctant to deny a tenant’s right to a jury trial, particularly in eviction cases, because the right to a jury is considered fundamental.
Question Six: I have a studio apartment which contains no bedrooms. I would like to advertise one rental amount for a single tenant and a higher amount if two people lease the unit. Would this be considered legal? Also, can I limit occupancy to only one tenant?
Answer Six: Logically, it is more costly for a landlord to lease to two persons versus one person. If you supply utilities and water, the expense would be greater when there are additional persons in possession. The problem is whether this would be considered discriminatory, based on a familial and marital status. While you might argue that two people cause more wear and tear or use more utilities, the legal standard is very strict. It’s generally best practice to set one rent for the unit, regardless of the number of occupants. Lastly, limiting occupancy to only one tenant might be considered discriminating against children.
Question Seven: I am evicting my tenant for an unauthorized person who is occupying the premises in violation of the rental agreement. My attorney warned me not to accept any rent during the pendency of the lawsuit. My tenant has now deposited his rent into my account using Zelle. What do you recommend that I do at this point?
Answer Seven: Your attorney’s advice is correct. Do not accept rent from the tenant while the eviction (unlawful detainer) case is pending. In California, accepting rent after serving an eviction notice can be interpreted as waiving the notice or starting a new tenancy, which could undermine your case and force you to start the eviction process over.
Since your tenant deposited rent into your account via Zelle, this would not be considered that you have accepted the rent. You should send your tenant your personal check, for that same amount. You should include “unauthorized deposit” on the note line.
Question Eight: My tenant moved out and left behind a life-sized cardboard cutout of Nicolas Cage, a single roller skate, and a can of tuna fish with an expiration date from 2010. Do I have to treat this as abandoned property, and store these items for 18 days?
Answer Eight: If you cannot get immediate authorization from your former tenant to dispose (or keep) the items, you will be required to serve a Notice of Belief of Abandonment, by mailing the form to your tenant’s last known address and waiting 18 days for your tenant to respond. I also question their choice of men, but maybe it was their “Emotional Support Celebrity”.
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”.