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 rent is due on the first of each month. On June 2, 2024, I served my tenant with a 3-Day Notice to Pay Rent or Quit. The tenant failed to pay, and I instituted an unlawful detainer action. The tenant contested the action and on the day of the trial the court ruled in favor of the tenant. The court stated that it was improper to serve a notice on June 2, 2024. I explained to the judge that I do not have a grace period and therefore the rent was past due when the notice was served. Should I appeal?
Answer One: Unfortunately, the judge was correct in this situation. June 1, 2024, fell on a Saturday. If the due date for the rent is on a Saturday, Sunday or judicial holiday, the rent will not become due until the next business day. In your case, since the first was a Saturday, the rent was not due until Monday, June 3rd, and the first day to serve the notice would have been June 4, 2024.
Question Two: I have a six unit building in the city of Hawthorne. Please advise if I am under rent control and if I am legally allowed to raise the rent.
Answer Two: Hawthorne does not have rent control, but assuming your building was built at least 15 years ago, you would be subject to Statewide Rent Control (AB1482). Effective August 1, 2024, you are allowed to raise the rent 8.9%. This is assuming you have not raised the rent within the last one year period.
Question Three: My building is not subject to rent control. I have a tenant that is requesting that a friend occupy the apartment temporarily while he is leaving the country for medical reasons. Do I have to allow this arrangement?
Answer Three: You do not have an obligation to grant this accommodation. Under California law, however, a tenant can have a guest occupy a unit for up to 30 days. Thereafter, this would be considered a breach of the rental agreement. At that point, you would be able to serve a 3-Day Notice to Perform or Quit.
Question Four: I have a tenant who has been observed smoking cigarettes in and about the premises. This is in violation of the rental agreement. I informed the tenant that he must cease smoking immediately. The following week the tenant produced a letter from a physician that indicated that the tenant has a disability and needed to smoke cigarettes. I was shocked by this letter! Do I have to allow the tenant to continue to smoke?
Answer Four: Obviously, this doctor’s license should be revoked. There is no medical benefit to smoking cigarettes. I seriously doubt that this is a genuine letter. I would contact the doctor to see if the letter is legitimate. Assuming this is the doctor’s actual opinion, I do not believe that this is a reasonable accommodation that you would be required to accept. The health of other residents also needs to be considered.
Question Five: My property is located in Los Angeles County. I obtained a judgment for possession and the paperwork was delivered to the Sheriff’s office six weeks ago. The Sheriff has not provided me with a lockout date. How long do I have to wait? This tenant took advantage of the Covid moratorium and has not paid rent in over three years!
Answer Five: There have been tremendous delays in performing evictions by the Los Angeles County Sheriff’s Department. The Sheriff’s Department claims that they are understaffed. This clearly is not the case, as there have been no personnel cuts since the beginning of the pandemic. I can only assume that the Los Angeles County Board of Supervisors has instituted this policy to assist tenants to further damage income property owners. I strongly suggest that all landlords write their County Supervisor and express their disdain for the trampling of our property rights.
Question Six: I leased a house to a family on a one-year lease. Under the terms of the lease agreement the tenants are to pay for all of the utilities. It has now been three months and I realize that the tenants never put the utilities into their names, and I am receiving those invoices. What would you suggest?
Answer Six. I would inform the tenants that you will have the utilities turned off in seven days and that they will need to establish their own account. I would then submit the invoice to the tenants and demand reimbursement. If the tenants do not make payment, I would issue a Three (3)-Day Notice to Perform or Quit. If payment is not received, I would commence an unlawful detainer.
Question Seven: I have an applicant who is applying for a unit. This person is an attorney and works with a law firm that I use for evictions. If he violates the rental agreement, would that be a conflict of interest if I chose to use this eviction firm?
Answer Seven: That certainly would be a conflict of interest and I am certain that the law firm would not accept that case. I do not think that this tenant would create a problem, based on who he represents. On a personal note, a few years ago my daughter leased a unit from a client of mine. I told the landlord that if my daughter created any problems, that I would do the eviction for free!
Question Eight: I leased an apartment with window coverings. These coverings are very old and have worn out. The tenant is demanding that I replace them. Clearly, this does not make the premises uninhabitable. Can I just refuse to replace them?
Answer Eight: Anything that you supply to the tenant must be maintained by the landlord. The tenant would be justified in withholding the rent. This is not a battle that you should entertain.
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”.