April isn’t just a time when Spring goes into full swing. It’s a time when the state government adds to your “to do” and “not to do” lists. Here are the latest requirements and prohibitions for California landlords.
Prohibited Fees
Starting April 1, tenants can’t be required to pay you specific fees under a California law signed last fall by Gov. Gavin Newsom. Senate Bill 611 prohibits landlords or leasing agents from charging tenants a fee for “serving, posting or otherwise delivering any notice” concerning terminating their lease. You also can’t charge a tenant a fee for paying rent with a check.
Security Deposit Changes
Landlords must give written explanations for asking for larger security deposits from military service members (such as for a low credit score or housing history). If you charge an additional amount, it must be refunded within six months if the rent was paid on time during that period.
AB 2801 changes state law to limit what landlords can keep from the security deposit to “an amount necessary” to repair a unit. The law says in part:
“This bill would limit claims against the tenant or the security for materials or supplies and for work performed by a contractor, the landlord, or the landlord’s employee to the amount necessary to restore the premises back to the condition it was in at the inception of the tenancy, exclusive of ordinary wear and tear. The bill would also prohibit a landlord from requiring a tenant to pay for or asserting a claim against the tenant or the security for, professional carpet cleaning or other professional cleaning services, unless reasonably necessary to return the premises to the condition that it was in at the inception of the tenancy, exclusive of ordinary wear and tear.”
A good practice for landlords is now legally obligated. As of April 1, they are required to take photos of a unit prior to the tenant occupying it and after they vacate it to have proof of any damage claims that could be deducted from their security deposit. Without before and after photos, if a tenant takes you to court to challenge the fact you made deductions from your security deposit, you should expect to lose your case.
Reporting Rental Payment Info
Another law taking effect on April 1 allows tenants to have positive rental payment information reported to a consumer credit reporting agency.
We’re Here to Help
If you have questions about your obligations as a landlord and what you can or cannot do in a given situation, call the AWB Law PC team at (949) 244-4207 or complete our online contact form today. We can discuss your situation and how state laws and local ordinances may apply.
