California Landlords Mandatory Disclosures

 

California Landlords Mandatory Disclosures Califoria Evictions – California Landlords

 


California Landlords Mandatory Disclosures

California Landlords Mandatory Disclosures

There are mandatory disclosures that must be made prior to signing a lease or rental agreement.  These are statutory requirements  a landlord must make.  These mandatory disclosures must be in writing and it is advised that a copy signed by the tenant be kept with the lease.

LEAD BASED PAINT

If the rental unit was constructed before 1978, the landlord must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling before the tenant signs the lease or rental agreement. The landlord also must give the potential tenant a copy of the federal government’s pamphlet, “Protect Your Family From Lead
in Your Home” (available by calling 1-800-424-LEAD

PERIODIC PEST CONTROL TREATMENT

When the rental agreement is signed, landlord must provide tenant with anypest control company disclosure landlord has received, which describes the pest to be controlled, pesticides used and their active ingredients, a warning that pesticides are toxic, and the frequency of treatment under any contract for periodic service. ((Cal. Civ. Code § 1940.8, Cal. Bus. & Prof. Code § 8538)

ASBESTOS

Residential property built before 1981 may contain asbestos. A leading reference for landlords recommends that landlords make asbestos disclosures to tenants whenever asbestos is discovered in the rental property. (This book also contains detailed information on asbestos disclosures, and protections that landlords must provide their employees.)

CARCINOGENIC MATERIAL

A landlord with 10 or more employees must disclose the existence of known arcinogenic material (for example, asbestos) to prospective tenants.

NO SMOKING POLICY

For leases and rental agreements signed after January 1, 2012: If the landlord prohibits or limits the smoking of tobacco products on the rental property, the lease or rental agreement must include a clause describing the areas where smoking is limited or prohibited (does not apply if the tenant has previously occupied the dwelling unit). For leases and rental agreements signed
before January 1, 2012: A newly adopted policy limiting or prohibiting smoking is a change in the terms of the tenancy (will not apply to leaseholding tenants until they renew their leases; tenants renting month-to-month must be given 30 days’ written notice). Does not preexempt any local ordinances prohibiting smoking in effect on January 1, 2012.(Cal.Civ. Code § 1947.5).

NOTE:  THE CALIFORNIA LEGISLATURE IS CONTEMPLATING ADDING E-CIGARETTES TO THIS CODE SECTION.

CONTROLLED SUBSTANCE

The owner of a dwelling who knows that an illegal controlled substance has been spilled illegal controlled substance has been spilled give a prospective tenant written notice of this fact before the tenant signs a rental agreement. LSD and methamphetamines are examples of illegal con-trolled substances. The owner must provide this notice if the owner knows of the condition, or if he or
she has received notice of it from a law enforcement or health agency. The notice may be a copy of the agency’s notice to the owner.

DEMOLITION PERMIT

The owner of a dwelling who has applied for a permit to demolish the dwelling must give written notice of this fact to a prospective tenant before accepting any fee from the tenant or entering into a rental agreement with the tenant. The notice must state the earliest approximate dates that the owner expects the demolition to occur and that the tenancy will end.

MILITARY BASE “EXPLOSIVES”

A landlord who knows that a rental unit is within one mile of a closed military base in which ammunition or military explosives were used must give written notice of this fact to a prospective tenant. The landlord must give the tenant this notice before the tenant signs a rental agreement.

REGISTERED SEX OFFENDER DATA BASE

Registered sexual offender database: Landlords must include the following language in their rental agreements: “Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.” (Cal.Civ. Code § 2079.10a)

DEATH IN THE RENAL UNIT

If a prior occupant of the rental unit died in the unit within the last three years, the owner or the owner’s agent must disclose this fact to a prospective tenant when the tenant offers to rent or lease the unit. The owner or agent must disclose the manner of death, but is not required to disclose that the occupant was ill with, or died from, AIDS. However, the owner or agent cannot intentionally misrepresent the cause of death in response to a direct question.

CONDOMINIUM CONVERSION PROJECT

A rental unit may be in a condominium conversion project. A condominium conversion project is an apartment building that has
been converted into condominiums or a newly constructed condominium building that replaces demolished residential housing. Before the potential tenant signs a lease or rental agreement, the owner or subdivider of the condominium project must give the tenant  written notice that:

  • The unit has been approved for sale, and may be sold, to the public, and
  • The tenant’s lease may be terminated (ended) if the unit is sold, and
  •  The tenant will be informed at least 90 days before the unit is offered
    for sale, and
  • The tenant normally will be given a first option to buy the unit.

The notice must be in legally required language. This notice requirement applies only to condominium conversion projects that have five or more dwelling units and that have received final approval. If the notice is not given, the tenant may recover actual moving expenses not exceeding $1,100 and the first month’s rent on the tenant’s new rental unit, if any, not to exceed $1,100.
These notice provisions do not apply to projects of four dwelling units or less, or as a result of transfers due to: court order (including probate proceedings), foreclosure proceedings, or trusts.

 

 

Expansion of Domestic Violence Victim Lease Termination Laws

 

Landlord’s Legal Line “Expansion of Domestic Violence Victim rights in CaliforniaCaliforia Evictions – California Landlords

 

 

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Expansion of Domestic Violence Victim Lease
Termination Laws: Human

Trafficking

Existing law allows a resident who is a victim (or whose household member is a victim) of domestic violence,
stalking, sexual assault, elder abuse or abuse of a dependent adult to terminate tenancy by giving a 30-day notice and providing the landlord with a copy of a restraining order, protective order or police report indicating that the resident or household member is a victim of domestic violence, stalking, sexual assault, elder abuse or abuse of a dependent adult. Existing law further prohibits (with certain exceptions) a landlord from terminating a tenancy based on an act of domestic violence, stalking, sexual assault, elder abuse or abuse of a dependent adult where the perpetrator is not a tenant  and the victim has provided the landlord with a copy of a restraining order, protective order or police report alleging that the person is a victim of domestic violence, stalking, sexual assault, elder abuse or abuse of a dependent adult. This new law adds human trafficking to the list of covered acts.

It also adds to the list of documents that the tenant can provide to the landlord to include documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity to indicate that the resident or household member is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse or dependent adult abuse. The law also provides that a “qualified third party” must be a physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist or licensed professional clinical counselor. Alternatively, a domestic violence counselor or human trafficking case worker can sign the  documentation, but only if the documentation displays the letterhead of the office, hospital, institution, center or organization that  engages or employs the counselor or caseworker.Finally, as of January 1, 2014, the law prohibits a landlord from disclosing any information provided by a resident pursuant to Civil Code § 1946.7 to any third party unless (a) the resident consents in writing to the disclosure; or (b) the disclosure is required by law or court order. It is not considered to be a disclosure of information if the landlord communicates with a qualified third party who provided a statement that the resident was seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse or dependent adult abuse for the purposes of verifying the contents of that statement.

 


California Rent Control

The State of California has no Rent control, that’s not to say that some in the legislature haven’t been trying to implement it State wide for many years.  We’ll let you know if it should ever occur.
In the mean time these are the rent control districts in the State.
Not all rental housing, however, within a rent-controlled city is subject to rent control. Under state law, property that was issued a certificate of occupancy after February 1, 1995 is exempt from rent control. (CC § 1954.52.)
Also,  new construction is exempt in most rent control cities if it was built after the effective date of the ordinance. Most cities also exempt owner occupied buildings with four (or sometimes three or two) units. A few cities also exempt “luxury units” that rent for more than a certain amount. And as of January 1, 1999, all tenancies for single-family homes and most condos are exempt under state law if the tenancy began after January 1,1996. Furthermore, government-subsidized tenancies are exempt from rent control, with Berkeley as the lone exception.  Each and every one of them is different.
Berkeley

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