| California Landlord Tenant Law and Regulations | | | | by the renter, the landlord is obligated to release |
| Ahhhh, California - the left coast, the best coast? | | | | the tenant from their rental agreement. |
| Most people that live here think so! | | | | The only other time this can happen is if the |
| But if you are a landlord or a tenant in California | | | | tenant is deceived by misrepresentations made |
| there are a lot of things both of you should know | | | | by a landlord. |
| before signing a lease agreement. | | | | Q: What do I do if I have a tenant that was |
| The following Q&A session will hopefully | | | | supposed to leave his apartment and doesn't? |
| enlighten you on your rental journey. | | | | A: If a tenant decides to stay in a unit without |
| Q: How much can a landlord charge for rent? | | | | the landlord's permission after the expiration of |
| A: There are many areas that are subject to rent | | | | the lease agreement or the lease agreement's |
| control and rent stabilization guidelines, as well as | | | | termination, the owner may bring about an "action |
| eviction "control". These cities include: Beverly Hills, | | | | for possession". |
| Campbell, East Palo Alto, Fremont, Glendale, | | | | Note: If the property is in a jurisdiction that |
| Hayward, Los Angeles, Los Gatos, Oakland, Palm | | | | employs eviction control, you would be wise to |
| Springs, San Diego, San Francisco, San Jose, | | | | consult the local housing authority or a qualified |
| Santa Monica, Thousand Oaks and West | | | | attorney. |
| Hollywood. | | | | Q: How does the eviction process work? |
| If you are a tenant or a landlord in one of these | | | | A: A 3-day written notice is required before a |
| principalities, it would be prudent to investigate the | | | | landlord can file for eviction in court. However, |
| rules of compliance with your local HUD office, the | | | | notices may differ based on the situation. |
| city's rent control board or a real estate attorney | | | | Situation: |
| familiar with the laws in your area. | | | | (1) Non-payment of rent: a landlord must serve |
| Q: What is the allowable fee for a rental | | | | the tenant with a written notice stating how much |
| application/credit check? | | | | back rent is owed. The total cannot include any |
| A: A landlord cannot charge any more than he or | | | | other charges such as late fees, interest, or |
| she pays to have your credit checked. And this | | | | damages. This notice gives the tenant three days |
| fee cannot be more than $37. Basically, he or she | | | | to "pay or quit" - which essentially means: pay |
| cannot make any kind of profit on your application | | | | your rent or leave the premises. |
| fee. | | | | (2) Lease agreement violations: a 3-Day Notice to |
| Q: What are the allowable fees for a late rent | | | | "Perform Covenants or Quit" is given to the |
| charge or returned check? | | | | tenant. Landlords use this type of notice if the |
| A: Both of these fees are negotiable and subject | | | | renter fails to uphold any of the terms on the |
| to what is known as the law of "liquidated | | | | lease agreement and the problem cannot be |
| damages". Liquidated damages are fees that can | | | | rectified. For instance, if a tenant is subletting the |
| be collected for breaching a contract (such as a | | | | unit without the landlord's approval, not keeping |
| lease agreement). Although these are not subject | | | | the apartment clean, or any other terms of the |
| to any laws as far as maximum amount | | | | agreement, this notice asks the tenant to correct |
| chargeable, as a landlord you want to make them | | | | the violation within three days or leave the |
| reasonable. A tenant sensing an unreasonable | | | | premises. |
| amount will likely be less willing to live under your | | | | (3) On-going nuisance or criminal activity: A 3-Day |
| other terms. | | | | "Notice to Quit" can be served if there have been |
| As a guideline, I charge $50 for a late fee and | | | | recurring problems with a renter who causes a |
| $25 for a returned check fee. | | | | "nuisance" in his or her unit or on the property, or |
| Q: How do security deposits work? | | | | if he or she is conducting criminal activity in or |
| A: California does impose limits when it comes to | | | | around the property. This also includes situations |
| the amount a landlord can charge as a security | | | | when a tenant's actions threaten the safety or |
| deposit. A landlord may not collect a security | | | | health of other residents. |
| deposit more than two month's rent for an | | | | As soon as the 3-day period terminates and if the |
| unfurnished apartment or three month's rent for | | | | tenant is still not complying, the landlord can file a |
| a furnished apartment. This total amount must | | | | suit in court for eviction. Again, if your property is |
| also include the amounts charged as a pet | | | | subject to eviction control, please check with your |
| deposit, for locks, keys, carpets or anything else. | | | | local housing authorities for guidelines. |
| Security deposits are refundable just as long as | | | | Q: How do these notices have to be served? |
| the tenant doesn't do any damage above "normal | | | | A: Notices should be personally delivered to the |
| wear and tear". | | | | tenant when possible. If the tenant is not home at |
| As a landlord, do I owe interest in a tenant's | | | | the time of service, the landlord can leave a copy |
| security deposit? | | | | with another adult person if available.. If you are |
| Some principalities, San Francisco and Berkeley to | | | | unable to locate the tenant and no one is there to |
| name two, legally require interest to be paid to | | | | receive it, you may leave a copy in a conspicuous |
| the tenant. | | | | place at his unit. Personally, I recommend mailing |
| Because these numbers change and are based in | | | | the notice certified and with a return receipt |
| the CPI (Consumer Price Index), it is best for | | | | required so that you can prove the tenant was |
| them to check with a knowledgeable attorney or | | | | indeed given the proper warning should you have |
| their local housing authority for the specifics. | | | | to go to court. This eliminates any chance of the |
| Q: When does a landlord have to return the | | | | tenant denying you served him personally. |
| balance of a tenant's security deposit? | | | | Q: What does the landlord do if the tenant ignores |
| A: Property owners have 21 days to return the | | | | his initial notice? |
| balance of the security deposit and/or send an | | | | A: The first thing the landlord should do is go to |
| itemized accounting of all of the deductions | | | | the courthouse and file the paperwork to proceed |
| coming out of the deposit. These deductions | | | | with an unlawful detainer lawsuit. |
| come out of the balance for damages above | | | | Q: What is an unlawful detainer lawsuit? |
| "normal wear and tear". | | | | A: It is when a hearing is held where both parties |
| IMPORTANT: It is vitally important for every | | | | (landlord and tenant) can present their point of |
| landlord to know the detailed procedures for what | | | | view and share their evidence. |
| is deductible. These are outlined in California Civil | | | | If the court should decide in favor of the landlord, |
| Code Section 1950.5. | | | | the court issues what is called a "writ of |
| Q: What do landlords and tenants have to be on | | | | possession." This allows the sheriff to force the |
| the lookout for when it comes to security | | | | tenant to vacate the premises. At this time, the |
| deposits? | | | | tenant has 5 days from the date the "writ" is |
| A: Property owners often try to "over-claim" | | | | served to leave the premises under his or her |
| what can be deductible. By that, I mean | | | | own will. If they do not vacate by the 5th day, |
| sometimes landlords claim deductions for things | | | | the sheriff is allowed to physically remove the |
| that are noted by the legal system as "normal | | | | tenant and his or her possessions. The landlord is |
| wear and tear" and therefore NOT subject to a | | | | not entitled to take possession of the unit until |
| deduction. | | | | the sheriff has completed this task should it be |
| It is also important to note that as a landlord you | | | | necessary. |
| would do well to buy yourself a digital camera to | | | | Q: How many days does it take to complete the |
| take before and after pictures of a tenant's stay. | | | | eviction process in California? |
| Putting this into practice will save you immense | | | | A: The complete eviction process can take |
| amounts of headaches by objectively evaluating | | | | anywhere from 2-8 weeks depending on a |
| each deduction. | | | | variety of factors. These factors include what |
| Q: How does one end a lease in California? | | | | kind of eviction is taking place and whether or not |
| A: There are two types of leases: fixed term or | | | | the tenant decides to defend themselves and/or |
| a periodic lease. | | | | leave willingly. |
| A lease that is a fixed term begins and ends on | | | | Q: What does it mean if a tenant "skips out"? |
| specified dates. The most common type of fixed | | | | A: This is also referred to as a tenant |
| term lease is a year lease. In this case, a year | | | | "abandoning" his unit- leaving and not telling |
| lease would simply end one year after the lease | | | | anyone. Although California doesn't clearly define |
| began. | | | | the terms of abandonment, as a landlord, it is a |
| A periodic lease continues from term to term. | | | | smart move to take pictures and document your |
| The most common type of term-to-term lease is | | | | findings just in case you have to prove yourself in |
| the month to month. A periodic lease remains in | | | | court. |
| place until either the landlord or the tenant gives | | | | Q: What happens if my tenant files for |
| the other the specified amount of required notice. | | | | bankruptcy? |
| Usually, though not always, the amount of notice | | | | A: It is best to consult with an attorney as this is |
| required is the same as the term. For example, a | | | | somewhat of a tricky area. Usually, all rent |
| month-to-month lease would require one month's | | | | collection and eviction efforts must cease though |
| notice that a tenant was moving out. | | | | there are certain circumstance that a court will |
| In situations with subsidized housing, usually there | | | | grant an exception. |
| is a 90-day notice required. However, you should | | | | Q: Do I need to be licensed or registered in order |
| check with your local housing authority for the | | | | to be a landlord? |
| laws in your principality. In addition, if your | | | | A: Some principalities do require a landlord to |
| property is in a principality with eviction control, | | | | register for a business license. Some places, like |
| you must give "just cause" to end the lease | | | | Berkeley, require registration of the rental |
| agreement. | | | | property with the local rent board or housing |
| Q: Under what circumstances is a landlord required | | | | authority. If you are a first time landlord, you |
| to let a tenant out of their lease agreement? | | | | should check with your local housing authority to |
| A: If a rental unit becomes uninhabitable or is | | | | clarify all of the requirements. |
| damaged by fire or another reason not caused | | | | |