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Question: I rent a house to a married couple. I have found that they now have a third person living with them. Can I raise the rent, tell them they have to sign a new lease if they want an additional person, or can I say they cannot have additional people in the house since only two people signed the lease?
Answer: If your lease restricts the number of occupants and the tenants have exceeded the limit, it is considered a breach of the lease and can be remedied by serving a three-day notice to perform conditions an/or covenants or… Read More
Tagged: ColumnsComplianceLegal Q&A
The California Apartment Association’s offices will be closed Monday, July 4, in observance of Independence Day. Normal operating hours will resume Tuesday, July 5.
Tagged: News
All five bills sponsored by the California Apartment Association this year remain intact as the state Legislature adjourns for its month-long summer break.
The bills — four on housing production and one on medical marijuana — will continue their journey toward the governor’s desk when lawmakers return in August.
The legislation on marijuana, AB 2300, passed the Senate Judiciary Committee on Tuesday.
The CAA sponsored bill, authored by Assemblyman Jim Wood, D-Healdsburg, deals with smoking medical marijuana in rental properties. AB 2300 would clarify that owners have the right to prohibit the activity, just as they can ban the smoking… Read More
Tagged: Affordable housingLegislation
Tenant advocates have now filed petitions in four Bay Area cities to qualify a rent control measure for the November ballot.
The latest filing came Monday, June 27, as tenant advocates turned in more than 11,000 signatures to the San Mateo city clerk.
Tenant groups are trying to qualify the San Mateo Community Preservation and Fair Rent Charter Amendment for the November ballot. The measure would limit annual rent increases to 4 percent and implement just-cause eviction policies.
San Mateo County election officials are now counting and verifying signatures. Rent control supporters needed 7,119 valid signatures to qualify the measure.… Read More
After signing the state budget, Gov. Jerry Brown continues to seek legislation that would streamline the approval process for residential housing in California.
On Monday, Brown signed a $122 billion state budget for 2016-17, including $400 million for affordable housing programs sought by Assembly Democrats.
The governor, however, has set aside that $400 million until he and the Legislature work out a deal to more quickly approve local housing projects. The details must be worked out before the legislative session ends in August.
The governor’s proposal, supported by the California Apartment Association, would exempt certain multifamily housing infill projects from… Read More
Question: Can I have the resident pay more security deposit to make up the difference from rent increases?
Answer: You can unilaterally change the terms of a month-to-month agreement by properly serving a thirty-day notice of change of terms of tenancy. This cannot be done with a fixed-term lease. You would have to wait until the lease expires and then upon renewal ask for a higher or additional deposit.
Question: Does a resident have to stay in his apartment for a certain number of days per month in order for his lease to remain in effect?
Answer: Not unless the… Read More
Tagged: ColumnsComplianceLegal Q&A
The California Apartment Association’s fight against rent control reaches far beyond city council votes and local ballot measures.
It stretches back to Sacramento, where four CAA bills to increase the production of housing continue to progress through the state Legislature.
CAA’s bills would prevent local government from delaying or blocking many housing proposals, including those opposed by NIMBYs, short for Not in My Backyard.
For California to achieve a balance between new jobs and new homes, cities and counties must allow developments to move forward without unreasonable delay.
Otherwise, families can’t find affordable housing near their jobs and schools —… Read More
Tagged: Affordable housingLegislation
The past two weeks have brought some positive developments in efforts to protect Alameda property owners from the ill effects of rent control and related policies.
Just this Tuesday, local rental owners and members of the California Apartment Association helped persuade the Alameda City Council to back away from plans to make landlords subsidize the city’s new binding arbitration ordinance, a form of rent control it approved earlier this year.
The council had been expected to levy a $130-per unit annual fee on rental property owners. But after hearing from local CAA members, officials agreed to wait until city staff… Read More
Question: One of our tenants is moving out in three weeks. She has refused to allow any prospective tenants to see the apartment. Is there any way we can force her to let us in since the law says we have the right to show it?
Answer: You can serve her with a three-day notice to perform conditions and/or covenants or quit requesting that she give you reasonable dates and times for entry. If she fails to comply, an unlawful detainer action can be filed.
Question: Three roommates signed the lease. If one roommate pays the rent every month from… Read More
Tagged: ColumnsComplianceLegal Q&A
The rental housing industry’s victories on Election Day reached far beyond the state Legislature.
Besides helping candidates secure seats in the Assembly and Senate (click here for story) , CAA’s Political Action Committee boosted the campaigns of numerous local office-seekers.
In the Silicon Valley, for example, CAAPAC-supported candidates either won outright or are well-positioned for a November run-off election.
San Mateo County
In a race for San Mateo County supervisor, Daly City Vice Mayor David Canepa, who’s backed by CAAPAC, finished in a strong first place, with nearly 46 percent of the vote. Canepa faced three other candidates to represent… Read More
Tagged: Elections