Below are questions asked by rental property owners regarding California rent control laws, followed by answers provided by Attorney Richard Beckman.
Question 1: My tenant complained that she thought her unit had bedbugs, and told me she had never been given a notice about bedbugs that is required by law. What notice is she referring to?
Answer 1: There has been such a requirement since 2018. The law requires that, as of January 1, 2018, a landlord shall provide a written notice to all tenants. The required document is available within the AOA’s member forms list: (Form #157) Information About Bedbugs.
The notice includes management contact information should a tenant suspect they have bedbugs.
Tenants have a duty to cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested assistance that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator. AOA also has a Bedbug Addendum (Form #148) that includes the tenant’s responsibility in eliminating the bedbug infestation.
The landlord shall notify the tenants of those units inspected by the pest control operator of the pest control operator’s findings. The notification shall be in writing and made within two business days of receipt of the pest control operator’s findings.
For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings. The landlord’s failure to comply with these requirements could generate liability related to bedbug claims that might otherwise have been avoided, or at least mitigated.
Question 2: I have tenants who are complaining that another tenant is verbally harassing them. They also said that the harassing tenant shoved one of the other tenants in the laundry area. The tenant provided a police report regarding a verbal altercation, and a couple of days ago, they came to the office and provided a letter stating that they have anxiety and if I don’t solve the situation, they will be forced to get a restraining order. They have a document stating that a police officer told them how to obtain a no harassment/restraining order. I sent a letter suggesting that they get the restraining order. What is my obligation in this situation? If they get a restraining order, should I give the tenant they are accusing notice to vacate? I don’t want to get sued for not protecting the tenants, but how do I know if it is true? Your thoughts?
Answer 2: Generally, if one tenant complains that another tenant is harassing them, or threatening them, or otherwise acting in a way that legitimately disturbs the complaining tenant, the landlord has a duty to investigate the complaint(s). If the tenant produces a court order restraining one tenant from another, that is reasonably good evidence that the complaining tenant is not fabricating the complaints.
At that point, a three-day notice to the offending tenant would be appropriate. Depending on the nature of the offending tenant’s conduct (violence versus verbal harassment, for example), the notice could either be a ‘non-curable’ notice to vacate (if the offending tenant was violent against the complaining tenant) or ‘curable,’ warning the ‘bad’ tenant against any further actions that disturb, harass, threaten etc., the complaining tenant. Any violation of that notice could be the basis of a subsequent eviction action. Note, however, that in some rent control cities (e.g., Oakland), a ‘pre-notice notice’ must be provided before the ‘official’ three-day notice can be served.
Question 3: We have a tenant who left personal property in the apartment that is worth less than $700. They left four days after the 60 Day Notice to Move ended and returned the keys. My question is, can we deduct compensation from the security deposit for our time to pack up and dispose of the personal property that the tenant left in the apartment if they do not reclaim it? Would this fall under the category of cleaning and be permissible? We have already sent the Notice of Right to Reclaim Abandoned Property (form #145), and the last day for the tenant to reclaim the property has passed. The twenty-first day to return and account for the balance of the security deposit due to the tenant is coming up. If I understand the law correctly, we have to mail the check by the twenty-first day to meet the deadline.
Answer 3: I think you have it pretty well figured out. Per Civil Code Section 1950.5, the accounting statement for the security deposit must be mailed, not received, no later than twenty-one days after the tenant vacated.
As to deducting the costs of removing their abandoned stuff from the security deposit, the law is not clear, as it pertains to ‘cleaning’ or ‘damage beyond normal wear and tear.’ However, I believe the reasonable cost to you in time and expenses to remove abandoned property could be properly charged under the “cleaning” provision. While there is no way to completely predict what a Small Claims judge might rule, I would feel relatively comfortable making that claim in Small Claims court.
Question 4: My rental property is a small duplex (each unit is 810 sq. ft., two bedrooms, one bathroom). Originally, I rented to a single lady, but it appears she has reunited with her husband and their four kids. So there are a total of two adults and four kids in a small two-bed, one-bath unit. Is there a law against too many people occupying a unit? I really worry about this situation and hope to terminate the lease because I worry about trouble in the future.
Answer 4: If they are a family, then seeking to terminate the tenancy based on the number of occupants raises concerns about discrimination based on family size, which is not allowed. If they are not related, the lease may control how many people can occupy the unit as long as it is not discriminatory on its face (‘only one person may occupy’ would on its face prohibit families).
But even if all the occupants are family, there are limits on the number of people that can occupy a certain amount of floor space. You can check with the local building or zoning department for that information. If the tenants exceed the legally permitted amount, you can provide a notice to comply. However, please note that, at least under the San Francisco building code, minors (those under 18) are not counted in that ‘total persons in occupancy’ tally.
Question 5: We are considering renting out our single-family home to travel nurses via a company that specializes in coordinating job placements and accommodation for those nurses.
What kind of lease agreement should we sign? Do we sign with that company? Or the individual tenant? Or both? A regular tenant lease, as supplied by the AOA, or a commercial lease? If I need a commercial lease template, where do I get one?
Answer 5: 1. What type of lease agreement should we use? You should use a residential lease agreement, not a commercial lease. The property is being used as a dwelling, so it remains subject to California residential landlord-tenant law regardless of whether a company is involved.
- Should we lease to the company or the individual nurse? Either option is permissible, but they carry different implications:
- Company as tenant (recommended): Provides a single responsible party, more consistent rent payment, and reduced turnover.
- Individual nurse as tenant: Provides more direct control but increases administrative burden and vacancy risk.
- Can we lease to both the company and the nurse? No. You should not enter into overlapping leases with both. Doing so creates ambiguity as to who is legally responsible for rent, damages, and enforcement.
- Can we use the AOA lease form? Yes. You may use a standard AOA residential lease, but it should be modified if the tenant is a company. At minimum, include provisions addressing authorized occupants, subleasing, indemnity, insurance, and the company’s full responsibility for the conduct of occupants.
- Do we need a commercial lease form? No. A commercial lease is not appropriate for a residential dwelling and may create legal issues. Instead, use a residential lease with a corporate addendum or tailored provisions.
Question 6: My questions consist of charges generated from inspections. What is the correct legal option to give tenants a balance due notice for repairs for damage discovered during an inspection? If the tenant caused the damage, once maintenance completes the repair, we generate a balance due notice for materials and labor to the tenant. We are considering creating a rough estimate so our tenants are not surprised by the balance due. If this option is valid, can we add a type of notice that states charges will vary depending on materials and or labor? Thank you for your assistance.
Answer 6: I’m not sure I understand your question. If you mean that, based on an inspection of the tenant’s unit, you discovered that the tenant had caused damage to the unit, and you undertook the cost to repair the damage, then you would be entitled to send the tenant a notice that the cost will be deducted from their security deposit if not reimbursed by them directly. The amount to be charged would have to reflect the actual cost of the repair (materials and labor). This information should be included in your lease, as the statute (CC 1950.5) does not provide for deducting from the security deposit prior to the end of the tenancy. But the basic rule as to charging the tenant for damage they caused would still apply even if no such provision was in the lease.
Richard Beckman, of Beckman Feller & Chang P.C., has been practicing landlord-tenant law for over 26 years, primarily in rent-controlled jurisdictions such as San Francisco, Oakland and Berkeley. He represents clients in a broad range of real estate-related disputes, including partition of co-ownership interests, purchase contract disputes, insurance coverage analysis and land use. Mr. Beckman also specializes in all aspects of landlord-tenant issues, representing landlords and tenants in residential and commercial matters. He can be reached at 510-548-7474; or by email at: [email protected]; or by visiting the website at www.bfc-legal.com.