| When renting out property, there are many different | | | | an eviction be necessary under a month-to-month |
| laws that apply to how you manage that property and | | | | rental agreement, the landlord only has to serve a |
| your tenats. Many of these laws vary from state to | | | | written 30 or 60-day notice. This notice does not have |
| state, although they are often very similar. Here are | | | | to state the eviction reasons. However, an eviction can |
| some common questions and answers, specific to | | | | never be for discriminatory reasons or in retaliation of |
| California, that you may have as a Landlord. Under | | | | some sort. A tenant who has been in the unit for only |
| What Circumstances Can a Landlord Utilize a Tenant's | | | | a year or less does not require more than a 30-day |
| Security Deposit? The security deposit, determined at | | | | notice, but tenants who have resided there longer |
| the time the unit is rented, may be utilized for several | | | | need to receive a 60-day notice. If the tenant refuses |
| different circumstances. The funds can be utilized to | | | | to move after these proper procedures for eviction |
| compensate for rent which remains unpaid; damages | | | | have been followed, the landlord should file an unlawful |
| to the property caused by the tenant may be covered | | | | detainer lawsuit in superior court. As a landlord, this |
| with the deposit money, as long as it does not include | | | | process must be followed, as lockout and physically |
| ordinary wear and tear; the cleaning of the unit may be | | | | attempting to remove the tenant without proper court |
| deducted from the security deposit upon termination of | | | | guidance, is not legal. As a Landlord, How Much Notice |
| the tenancy, but this may only be done to the extent | | | | Do I Have to Give to Raise the Rent? If you wish to |
| of returning the unit to the same condition as when it | | | | raise your tenant(s)' rent less than 10% of their current |
| was rented; and the deposit may also be used to | | | | rent, a 30-day notice is sufficient. If the rent is to be |
| replace any property belonging in the unit which was | | | | raised by 10% or more, then a 60-day notice is |
| damaged or the tenant may have taken with them | | | | required. Before making any type of rent increase, be |
| upon moving. It is also important to note that with the | | | | certain that the building you own is not in a |
| exception of a few local ordinances, the landlord is not | | | | rent-controlled area. If the building is not rent controlled, |
| required under California law to pay interest on the | | | | then theoretically, you can raise the rent to any amount |
| security deposit when it is returned to the tenant. | | | | you like, but it is wise to keep in mind that raising it to |
| When May a Landlord Enter a Unit? Generally, a | | | | outrageous amounts for the area may cause you to |
| landlord must give the tenant proper notice before | | | | lose tenants and income. Also, you may not violate |
| entering the unit unannounced, attempting to set up a | | | | conditions of a signed lease during the leasing period |
| convenient time for a repairs or inspection. However, | | | | regarding rental payments unless a notification of |
| there are some situations where this rule does not | | | | increase provision was included. These provisions are |
| apply. According to the California Civil Code Section | | | | set forth in Civil Code Section 8.27. In some cities in |
| 1951.3, if the rent remains unpaid for 14 consecutive | | | | California where rent control is in effect, the landlord is |
| days and the landlord believes the unit to be | | | | not allowed to raise the rent more than 5% per year |
| abandoned, a Notice of Belief of Abandonment must | | | | with an additional 1% for electric costs and 1% for gas |
| be sent to the tenant. If the tenant does not respond, | | | | costs if those are included in the rent payment. Can I, |
| the landlord has every right to inspect the property. | | | | as a Landlord, Limit or Restrict Pets? Generally, a no |
| Upon entering the unit, the landlord should make note if | | | | pets rule is perfectly legal. However, as a landlord, you |
| there are still personal belongings there, if food appears | | | | should be careful about service animals. If a disabled |
| to be fresh, if the electricity and/or telephone services | | | | person is fully capable of renting one of your units and |
| remain active, or if the unit appears to have been | | | | the layout of the unit does not restrict their use of the |
| vacated. If the unit indeed appears to be abandoned, | | | | same, a service animal should be permitted or you |
| the landlord has the right to prepare it for a new tenant | | | | may find a discrimination issue if refusing to rent to |
| Additionally, if the tenant remains unresponsive to | | | | them. Also, usually fish or contained pets not |
| repeated entry requests, a landlord may enter the unit | | | | hampering or damaging the premises can be allowed, |
| at any reasonable time (in California during normal | | | | even in the event of a no pets rule. This does not |
| business hours) and in a peaceful manner to handle | | | | include contained exotic pets. If you do allow pets in |
| suspected issues within the unit. The landlord may also | | | | your units, the lease or rental agreement should list |
| enter at any time during an emergency situation, such | | | | each pet, and no new or replacement pets should be |
| as a gas leak, fire or damage occurring in the unit like a | | | | allowed without your approval. All tenants should be |
| leaking sink or water heater unattended. However, at | | | | responsible for cleaning up after their pets and |
| no time should a landlord enter a unit if the tenant is | | | | accepting responsibility for any damage their pets |
| home and stating the landlord is to stay out. If the | | | | might cause, or the problems should be noted and the |
| landlord suspects foul play or immediate danger, he or | | | | tenant charged for the same. As a Landlord, How |
| she should immediately contact the proper authorities | | | | Much Discretion Can I Use in Deciding Who to Rent |
| to gain entry. How Should a Landlord Legally Evict a | | | | To? Naturally, you may use your own personal |
| Tenant? Tenants may be evicted for a number of | | | | judgment in choosing a tenant, but you cannot |
| reasons, but the property procedures must be | | | | discriminate in any way against religion, group affiliation, |
| followed. Some events, which may cause an eviction, | | | | sexual orientation, marital status, gender, nationality, |
| are: nonpayment of rent, lease violations, obvious and | | | | race, color, medical issues or suspected connections to |
| purposeful damage, unlawful acts within or upon the | | | | persons within these groups. Additionally, once you do |
| premises, and interference with other tenants. Under | | | | rent to various individuals, you are not allowed to hold |
| any of these situations, a three-day notice is all that is | | | | up rules for one tenant that other tenants do not have |
| necessary to remove the tenants from the unit. The | | | | to comply with based on any of these discriminatory |
| notice must give complete contact information for | | | | areas. You are always within your rights to select |
| paying overdue rent; times in which the landlord may | | | | tenants based on their reference checks, work history, |
| be contacted to receive the rent in person; or another | | | | and even credit report. It is always a good idea to |
| location and hours where the rent may be dropped | | | | perform a credit check on potential tenants to avoid |
| off. If other circumstances apply, such as unlawful acts | | | | non-payment problems in the future. You may also |
| or severe damage, the problems should be listed in | | | | refuse to rent to someone who insists on having |
| writing within the notice. Any notice must be given to | | | | animals if none are allowed in the building and the lease |
| the tenant personally at home or work, or if the tenant | | | | agreement states the same. |
| cannot be located, mailed to the home address. Notice | | | | James Mattox is the founder and CEO of |
| may also be personally given to anyone at the | | | | WhatsTheRent.com, a completely free roommate |
| residence or place of business over the age of | | | | search and rental listing website. Find Roommates, |
| eighteen. The notice may also be tacked on the front | | | | apartments, houses, condos and more. Very easy to |
| door of the rental unit as well as mailed as detailed in | | | | use, no limits on the number of listings, and packed with |
| the Code of Civil Procedure Sections 1161(2)-(4). Should | | | | renter friendly search features. |