Landlords who want to avoid litigation and costly penalties and fines need to meticulously adhere to a variety of regulations when executing rental agreements with tenants.
Compliance with anti-discrimination laws. Pursuant to the federal Fair Housing Act of 1968, as amended, a landlord is prohibited from discriminating against potential tenants on the basis of race, religion, national origin, gender, familial arrangement or disability. California has enacted supplemental anti-discrimination legislation that adds sexual orientation, gender identity and public assistance participation to these protected categories. Landlords should have a clear understanding of California’s housing laws when choosing tenants for their properties. The applicable law extends to how a landlord advertises a rental, the inquiries on an application, and how the landlord handles tenants once a rental relationship has been initiated.
Duty of disclosure. California law mandates that landlords disclose certain information to tenants, typically in the lease or rental agreement. There are several types of disclosures that must be made. These include written notice that the presence of mold in the structure exceeds acceptable limits; notification of whether gas or electric service for a tenant’s unit is also utilized by other tenants or other areas in the building; and whether the landlord is in the process of seeking a permit to demolish the rental unit.
Furnishing habitable housing conditions. California’s implied warranty of habitability doctrine requires landlords to maintain their properties in a suitable living condition. Tenants in California may have the right to withhold rent or pursue other remedial actions if a landlord does not adequately and punctually make repairs to important household functions. These include plumbing, heating, electrical facilities, waterproofing and providing sanitary building and grounds.
Termination of a tenancy. State law describes the circumstances under which a landlord may terminate a tenancy and evict a tenant. In California, a landlord can issue an unconditional termination notice when a tenant has engaged in certain activities, such as criminal behavior. In these circumstances, a tenant has 3 days to vacate before a landlord can initiate eviction proceedings. A landlord should precisely follow these termination procedures and refrain from resorting to self-help measures, or the eviction may become subject to extensive delays.
If you are a landlord or property manager in California, it is important to stay apprised of your legal obligations to your tenants. Contact Shane Coons at 949-333-0900 or visit www.ShaneCoonsLaw.com to learn about California’s landlord-tenant laws.