Legal Topics FAQ’s

Yes, all California properties are subject to rent control. However, if you own a single-family residence and provide the proper disclosure, you may be exempt.

You can charge up to 2x the monthly rent as a security deposit for an unfurnished unit. For example, if the rent is $3,000/mo, you can charge up to $6,000 for the security deposit.
If the property is furnished, you can charge 3x the monthly rent.
If the unit is rented to a service member, you can only charge 1x the monthly rent for an unfurnished unit, and 2x the monthly rent for a furnished unit.
Some exceptions may apply.
California’s security deposit law can be found in Civil Code Section 1950.5.

Yes, if the applicant provides the proper documentation.

Yes, you can charge an additional security deposit for a pet up to the maximum security deposit allowed.

No, assistance animals are not considered pets and you cannot collect an additional security deposit.

You must provide an accounting for the use of the security deposit within 21 days of the date you received possession. If you can’t complete all the work or haven’t received invoices from vendors in time, you should send the tenant an estimated disposition, including the names and contact information of any vendors you used, within 14 days of receiving the invoices.

No, but the carpet needs to be in sanitary and habitable condition (i.e. no holes or tears in the carpet, no pet urine stains, etc).

No, There is no grace period in California for residential tenants to change their mind. Once the lease is signed, they are bound, as are you.

Perhaps. Landlords are required to accept third-party payments. However, it is a best practice to require the third-party payor to sign an acknowledgement that the payment is being made on behalf of the tenant and does not create a tenancy.

No, we have learned the hard way that advertising a property that isn’t move-in ready can lead to big problems. It’s false-advertising to show a property that doesn’t look like what a prospective tenant will receive.

It is not in your best interest to remove a named tenant from the lease. For a term lease, he/she remains responsible for the rent even though he/she has moved out. If it is a month-to-month tenancy, the roommate can provide notice that he/she has vacated and be responsible for only thirty days.
Tip: Ask the remaining tenant to reapply to confirm he/she can afford to stay. If he/she doesn’t, you can send a 30-day or 60-day notice of termination (depending on how long the resident has lived in the property).

This depends on how your lease is written. If your lease provides a resident with an option to pay in person, then the rent would be considered late if the payment is received by the Landlord after the due date. However, if your lease doesn’t allow a resident to pay in person, Landlords must accept the postmark date as the payment date.

No. Landlords must accept third-party payments. Iit is a best practice to require the third-party payor to sign an acknowledgement that the payment is being made on behalf of the tenant and does not create a tenancy.

Unfortunately not. There are few legal guidelines, so many judges use what they consider a common sense approach. There are commonly accepted useful life calculations that should be used when determining normal wear and tear vs damage. For example, if the carpet manufacturer says the product has a 10-year warranty, but the carpet has to be replaced after 5 years, Landlords could make the case that they lost 50% of the useful life of the carpet and charge the resident for 50% of the carpet’s replacement cost. This type of common-sense approach should be used for all deductions. If you’re unsure, seek competent counsel because security deposit deductions are one of the most commonly litigated issues.

Respond in writing that a thirty-day notice has no legal effect on their obligations under the lease and they remain liable for the rent until the end of the lease term -or- the date you can find a new resident to start paying rent. Landlords are legally obligated to make reasonable efforts to re-rent the property to minimize the resident’s cost. Note: Do not increase the rent. Landlords should advertise the property at the same rental rate

Yes. A landlord can be held responsible for maintaining a drug-related nuisance if he or she does not take reasonable steps to remove the illegal drug activity from the property.

Yes

Yes. The tenant is liable for any damage, including damage caused by his/her guests. Notify the resident that he/she will be asked to reimburse you for the cost to replace the broken door.

There is no “automatic” reduction in rent allowed for temporary water shut-off for renovation or routine maintenance. It’s best to be prudent with planned shutoffs to reduce the impact on the Resident’s life.

If the tenant files a Chapter 7 bankruptcy, you probably won’t collect any past due rent. If he/she files a Chapter 13 bankruptcy, you have a better chance of receiving some or all of the past due rent.

You do not have to account for or return the security deposit until 21 days from the date they return possession of the premises.

A reasonable accommodation is a change or exception to the property’s rules, policies, practices, or services that is necessary to afford a person with a disability full and equal use and enjoyment of the rental property. As long as the request is reasonable, you must comply. Seek legal counsel if you’re unsure.

California law specifically requires residential tenants to allow the landlord to show the rental unit to prospective purchasers and their agents. If they refuse, you can file for unlawful detainer (eviction) after serving a 3-Day Notice to Perform or Quit.

You would only be liable if the Tenant could prove you were negligent in maintaining or repairing the refrigerator. Landlords are not guarantors or insurers of the tenant’s personal property.