New Laws for California Landlords in
2004
Several new laws took effect on January 1, 2004, affecting
California landlords and tenants. Here are the highlights:
- Receipts
for security deposit deductions. Under current law,
landlords must itemize any deductions from a tenant's security deposit
within three weeks of the tenant's departure. Now, landlords must also
include copies of receipts for work (labor and materials) to clean
the rental unit or replace or repair damaged items if the total charges exceed
$125. If the landlord or an employee of the landlord did the work, the
statement must include the time spent and the reasonable hourly rate
charged. Landlords who cannot complete the work within the three-week
period, or who do not have the necessary receipts, may deduct a good faith
estimate of the charges, but must supply the receipts within 14 days of
receiving them. Tenants can waive their rights under these new provisions
in writing, but may rescind (take back) their waiver if they do so within
14 days after receiving the itemized statement of deductions. (California
Civil Code Section 1950.5(g).)
- No
right to a pre-move-out inspection when the termination is based on the
tenant's misconduct. Landlords need not notify
tenants of their right to a pre-move-out inspection if the tenancy
terminates due to the tenant's misconduct, including failure to pay rent.
(California Civil Code Section 1950.5.)
- Landlords
may not discriminate on the basis of a tenant's gender. It
is against state law to discriminate on the basis of a person’s gender or
gender identity. This means that landlords may not refuse to rent to
someone who has changed, or is in the process of changing, his or her
gender through hormone treatment, surgery, or both. In practical terms, if
an applicant’s dress and mannerisms don’t match a landlord's expectation
for that individual’s stated gender identity, landlords cannot legally
refuse to rent on that basis.(California Government Code Section 12926.)
- Landlords
who negotiate a lease or rental agreement in Spanish, Chinese, Tagalog,
Vietnamese, or Korean, must supply a written lease or rental
agreement in that language. (California Civil Code
Section 1632.)
- Landlords'
entry. In most situations, landlords must give written
notice of their intent to enter a tenant's premises. Now, the notice must
also include the approximate time and purpose of the entry. However,
landlords and tenants may agree orally to the landlord's entry to make
agreed repairs or provide agreed services, as long as the agreement
includes the date and approximate time of the entry, which must be within
one week of the agreement. In this situation, no written notice is needed.
(California Civil Code Section 1954(d)(3).)
- Court
records sealed when tenants win eviction cases.
If a tenant wins an eviction proceeding, the court records of
that case will be permanently sealed within 60 days after the date the
complaint was filed. This will make it difficult for tenant screening
services to learn of eviction cases that tenants won. In turn,
it will reduce the likelihood that prospective landlords who use
those screening services will reject applicants because they successfully
fought an eviction. Though it is still not illegal to reject an
applicant who won an eviction case, it will be harder for landlords
to learn of these cases. (California Code of Civil Procedure Section
1161.2(e).)
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