State Landlord Tenant Law - California Landlord Law - everything You Need to Know in 17 Questions and Answers
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Ahhhh, California - the left coast, the best coast? Most people that live here think so!
But if you are a landlord or a tenant in California there are a lot of things both of you should know before signing a lease agreement.
The following Q&A session will hopefully enlighten you on your rental journey.
Q: How much can a landlord charge for rent?
A: There are many areas that are field to rent control and rent stabilization guidelines, as well as eviction "control". These cities include: Beverly Hills, Campbell, East Palo Alto, Fremont, Glendale, Hayward, Los Angeles, Los Gatos, Oakland, Palm Springs, San Diego, San Francisco, San Jose, Santa Monica, Thousand Oaks and West Hollywood.
If you are a tenant or a landlord in one of these principalities, it would be thrifty to research the rules of compliancy with your local Hud office, the city's rent control board or a real estate attorney well-known with the laws in your area.
Q: What is the proper fee for a rental application/credit check?
A: A landlord cannot charge any more than he or she pays to have your prestige checked. And this fee cannot be more than . Basically, he or she cannot make any kind of behalf on your application fee.
Q: What are the proper fees for a late rent charge or returned check?
A: Both of these fees are negotiable and field to what is known as the law of "liquidated damages". Liquidated damages are fees that can be collected for breaching a compact (such as a lease agreement). Although these are not field to any laws as far as maximum whole chargeable, as a landlord you want to make them reasonable. A tenant sensing an unreasonable whole will likely be less willing to live under your other terms.
As a guideline, I charge for a late fee and for a returned check fee.
Q: How do security deposits work?
A: California does levy limits when it comes to the whole a landlord can charge as a security deposit. A landlord may not collect a security deposit more than two month's rent for an unfurnished apartment or three month's rent for a furnished apartment. This total whole must also include the amounts charged as a pet deposit, for locks, keys, carpets or anyone else.
Security deposits are refundable just as long as the tenant doesn't do any damage above "normal wear and tear".
As a landlord, do I owe interest in a tenant's security deposit?
Some principalities, San Francisco and Berkeley to name two, legally need interest to be paid to the tenant.
Because these numbers turn and are based in the Cpi (Consumer Price Index), it is best for them to check with a knowledgeable attorney or their local housing authority for the specifics.
Q: When does a landlord have to return the balance of a tenant's security deposit?
A: asset owners have 21 days to return the balance of the security deposit and/or send an itemized accounting of all of the deductions advent out of the deposit. These deductions come out of the balance for damages above "normal wear and tear".
Important: It is vitally leading for every landlord to know the detailed procedures for what is deductible. These are outlined in California Civil Code Section 1950.5.
Q: What do landlords and tenants have to be on the surveillance for when it comes to security deposits?
A: asset owners often try to "over-claim" what can be deductible. By that, I mean sometimes landlords claim deductions for things that are noted by the legal principles as "normal wear and tear" and therefore Not field to a deduction.
It is also leading to note that as a landlord you would do well to buy yourself a digital camera to take before and after pictures of a tenant's stay. Putting this into practice will save you massive amounts of headaches by objectively evaluating each deduction.
Q: How does one end a lease in California?
A: There are two types of leases: fixed term or a periodic lease.
A lease that is a fixed term begins and ends on specified dates. The most tasteless type of fixed term lease is a year lease. In this case, a year lease would simply end one year after the lease began.
A periodic lease continues from term to term. The most tasteless type of term-to-term lease is the month to month. A periodic lease remains in place until whether the landlord or the tenant gives the other the specified whole of required notice. Usually, though not always, the whole of observation required is the same as the term. For example, a month-to-month lease would need one month's observation that a tenant was intelligent out.
In situations with subsidized housing, ordinarily there is a 90-day observation required. However, you should check with your local housing authority for the laws in your principality. In addition, if your asset is in a principality with eviction control, you must give "just cause" to end the lease agreement.
Q: Under what circumstances is a landlord required to let a tenant out of their lease agreement?
A: If a rental unit becomes uninhabitable or is damaged by fire or another infer not caused by the renter, the landlord is obligated to release the tenant from their rental agreement.
The only other time this can happen is if the tenant is deceived by misrepresentations made by a landlord.
Q: What do I do if I have a tenant that was supposed to leave his apartment and doesn't?
A: If a tenant decides to stay in a unit without the landlord's permission after the expiration of the lease trade or the lease agreement's termination, the owner may bring about an "action for possession".
Note: If the asset is in a jurisdiction that employs eviction control, you would be wise to consult the local housing authority or a considerable attorney.
Q: How does the eviction process work?
A: A 3-day written observation is required before a landlord can file for eviction in court. However, notices may differ based on the situation.
Situation:
(1) Non-payment of rent: a landlord must serve the tenant with a written observation stating how much back rent is owed. The total cannot include any other charges such as late fees, interest, or damages. This observation gives the tenant three days to "pay or quit" - which essentially means: pay your rent or leave the premises.
(2) Lease trade violations: a 3-Day observation to "Perform Covenants or Quit" is given to the tenant. Landlords use this type of observation if the renter fails to uphold any of the terms on the lease trade and the question cannot be rectified. For instance, if a tenant is subletting the unit without the landlord's approval, not retention the apartment clean, or any other terms of the agreement, this observation asks the tenant to correct the violation within three days or leave the premises.
(3) On-going nuisance or criminal activity: A 3-Day "Notice to Quit" can be served if there have been recurring problems with a renter who causes a "nuisance" in his or her unit or on the property, or if he or she is conducting criminal performance in or colse to the property. This also includes situations when a tenant's actions threaten the security or health of other residents.
As soon as the 3-day duration terminates and if the tenant is still not complying, the landlord can file a suit in court for eviction. Again, if your asset is field to eviction control, please check with your local housing authorities for guidelines.
Q: How do these notices have to be served?
A: Notices should be personally delivered to the tenant when possible. If the tenant is not home at the time of service, the landlord can leave a copy with another adult someone if available.. If you are unable to search the tenant and no one is there to receive it, you may leave a copy in a conspicuous place at his unit. Personally, I propose mailing the observation certified and with a return receipt required so that you can prove the tenant was really given the proper warning should you have to go to court. This eliminates any opening of the tenant denying you served him personally.
Q: What does the landlord do if the tenant ignores his initial notice?
A: The first thing the landlord should do is go to the court and file the paperwork to walk with an unlawful detainer lawsuit.
Q: What is an unlawful detainer lawsuit?
A: It is when a hearing is held where both parties (landlord and tenant) can gift their point of view and share their evidence.
If the court should decree in favor of the landlord, the court issues what is called a "writ of possession." This allows the sheriff to force the tenant to vacate the premises. At this time, the tenant has 5 days from the date the "writ" is served to leave the premises under his or her own will. If they do not vacate by the 5th day, the sheriff is allowed to physically take off the tenant and his or her possessions. The landlord is not entitled to take proprietary of the unit until the sheriff has completed this task should it be necessary.
Q: How many days does it take to complete the eviction process in California?
A: The complete eviction process can take in any place from 2-8 weeks depending on a variety of factors. These factors include what kind of eviction is taking place and whether or not the tenant decides to defend themselves and/or leave willingly.
Q: What does it mean if a tenant "skips out"?
A: This is also referred to as a tenant "abandoning" his unit- leaving and not telling anyone. Although California doesn't clearly define the terms of abandonment, as a landlord, it is a smart move to take pictures and document your findings just in case you have to prove yourself in court.
Q: What happens if my tenant files for bankruptcy?
A: It is best to consult with an attorney as this is somewhat of a tricky area. Usually, all rent variety and eviction efforts must cease though there are definite circumstance that a court will grant an exception.
Q: Do I need to be licensed or registered in order to be a landlord?
A: Some principalities do need a landlord to register for a enterprise license. Some places, like Berkeley, need registration of the rental asset with the local rent board or housing authority. If you are a first time landlord, you should check with your local housing authority to justify all of the requirements.
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