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Chances are good that legislation addressing bed bugs will surface this year.
After all, bed bugs are surfacing in increasing numbers, creating headaches for landlords and tenants alike.
State lawmakers, in turn, are mulling a standard response to bed bug infestations. A bed bug bill would likely cover detection, disclosure and remediation. To help guide any policy discussion, CAA points to its material on bed bugs.
Watch for news on potential legislation in the weeks to come. In the meantime, do your part to fight bed bugs by taking an electronic survey.
UC researchers want to assess the impact bed… Read More
Tagged: Bed bugsComplianceLegislation
Question: How can we enforce the entry rules clause in our lease? One of our residents is refusing to show the rental unit to a prospective purchaser of the building.
Answer: California’s Civil Code, among other permitted uses, specifically requires residential tenants to allow the landlord to show the rental unit to prospective purchasers and their agents. Failure to comply could lead to an action for unlawful detainer after service of a three-day notice to perform or quit if the resident refused to give reasonable dates and times for the entry.
Question: I have a tenant who is driving everyone… Read More
Tagged: ColumnsComplianceLegal Q&A
Property owners can now charge a rental applicant up to $45.99 to cover screening fees, such as a credit check and time spent gathering information on the prospective tenant.
The new maximum fee, permitted since December 2014, is 83 cents higher than last year’s fee and is based on changes in the Consumer Price Index.
Members can follow this link for a more in-depth explanation of what owners can do – and what they can’t – related to application charges.
Question: One of our single tenants who was renting a small one bedroom unit recently died. There are still three months remaining on his lease. What should I do with the security deposit?
Answer: A tenancy for a specified term does not terminate on the death of either the landlord or the tenant. Once the executor or administrator of the decedent’s estate returns possession, you should account for the use of the deposit and direct the accounting to the administrator or executor.
Question: I understand that if a building contains 16 or more units there must be a resident manager.… Read More
Question: This month’s rent check from a tenant had a second name printed below the tenant’s name on the upper left corner of the check. If I cash the check for this month’s rent, am I changing the terms of tenancy?
Answer: The mere fact that another person is listed on the check does not change the terms of the tenancy. You should inquire about the other person or find other ways to determine if there is an unauthorized occupant, and if so, either have the extra person apply for residency or serve a 3-day notice to perform covenants or… Read More
The California Apartment Association is taking a close look at proposed revisions to Proposition 65 warning regulations.
Released Jan. 16 by the Office of Environmental Health Hazard Assessment, the revisions are intended to provide more information to consumers and other members of the public.
While the current proposal is less onerous for the rental housing industry than the earlier version, significant issues remain, both with the proposed regulations and Proposition 65 in general.
In addition to analyzing the regulations, CAA will continue to work with its partners, such as the California Chamber of Commerce, and submit comments where necessary.
Enacted… Read More
Question: What is the best way to say no to an application and avoid a discrimination lawsuit? The prospect’s credit is worse than he said it was, and I want to avoid trouble.
Answer: You are required by law to inform the tenant of the reasons in writing for denying the application if the reason was partially or wholly based upon the credit report. The best way to deliver this news is to inform the prospective tenant that if he or she can get the credit history cleaned up, you would be happy to have this person reapply. Reject the… Read More
Under California law, smoke detectors with disposable batteries are vanishing from store shelves.
But they don’t have to disappear from your rental units. If you have an old fashioned device, you can leave it alone. Just make sure it works and has fresh batteries. Have some old fashioned smoke detectors in stock? You can install them, but only until July.
New regulations are being implemented across a variety of dates, and this has caused confusion about what landlords must do and when.
Watch this video from the California Apartment Association to help clear the air. Still have questions? Check out… Read More
Question: My rental property is a house in a rural area. I do allow animals but do not want any pit bulls. Can I specifically state that?
Answer: You can determine what type of animals, if any, you allow on the property and should make this clear in the lease or lease addendum. If the animal is a support animal for a disabled resident, however, different rules apply.
Question: Our tenant has a roommate who is paying him half the rent. The roommate is not on the rental agreement. When the tenant vacates, can I ask the roommate to also… Read More
Tagged: ColumnsComplianceLegal Q&A
Question: Can a resident legally drink alcohol in the outdoor common areas of an apartment community?
Answer: Landlords have the right to restrict the drinking of alcohol in the common areas of the premises.
Question: My tenant vacated and has damaged the unit more than the security deposit will cover. The tenant had a co-signer on the agreement. I have written the tenant and co-signer with no response after 30 days. Do I file a small claims action against both the tenant and the co-signer or should they be separate lawsuits?
Answer: You can file against both of them in… Read More