The New Year brings in new resolutions, hopes and in most states, new laws. Here are just a few laws that will take effect in the state of California regarding rental property and management on Jan. 01, 2013
Security Deposits – AB1679
Allows for property owners and managers to deposit any remaining portion of a tenants security deposit any remaining portion of a tenants security deposit directly to tenants account that is specified by the tenant and allows for the owner to provide a copy of the itemized security deposit statement along with supporting documents to an e-mail account that is specified by the tenant.
http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1651-1700/ab_1679_bill_20120315_amended_asm_v98.html
Tenant Relocation San Francisco: Rent Control – AB 1925
*San Francisco Only
A landlord cannot be forced to pay more than $275 per day plus moving expenses (If it is necessary for the landlord to move tenants possessions for temporary relocation.) The landlord will have the option to provide a comparable dwelling unit and pay any actual moving expenses, in lieu of the daily rate. The tenant will shall remain responsible for the payment of rent.
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1925
Rental Payments Electronic Funds – SB 1055
Prohibits the landlordfrom requiring EFT (ex. Online Payments or wires) as the only form of rental payment or security deposit. The law also allows a landlord and tenant to mutually agree that rent payments may be made by EFT as long as it is not the only option offered by the landlord.
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1055
Animals at Rental Property – SB 1229
Prohibits a landlord who allows a tenant to have an animal on the premises, from advertising or establishing rental policies that require a tenant or a potential tenant with an animal to have that animal declawed or devocalized as a condition of occupancy.
Tenant Notice – Owners in Default – SB1191
Requires a property owner (one to four units) who has received a notice of default on the payment of the mortgage from the mortgagee, trustee, or other person authorized to take the home to foreclosure sale to disclose to the prospect tenant that a notice of default has been filed against the property.
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1191
Tenant Disclosure – New Owner – AB1953
Would prohibit a property owner from proceeding with an eviction during the time a new owner is out of compliance with the notice provisions required under law. Those notice provisions require a new property owner to provide the tenant with the owner’s name and the location where rent is to be paid. The tenant, however is, not relieved from the liability to pay rent for an owner’s failure to provide this notice timely.
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB1953
Tenant Abandoned Personal Property – AB 2521
Increases from $300.00 to $700.00 the value of a departing tenant’s abandoned personal property, a threshold that requires an owner to take added steps before disposing of the personal property (storage or public sale). If the value of the property is less than $700.00, the landlord may dispose of the property in any manner or retain for his/her own use.
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB2521
Building Accessibility for the disabled – SB 1186
Prohibits an attorney or a person from issuing a demand for money to a building owner or from issuing a demand for money to a building owner or from receiving any payment, settlement or compensation involving a claim that the building is not accessible to individuals with disabilities.
http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1151-1200/sb_1186_bill_20120222_introduced.html
Foreclosures – Termination Notice for the tenants – AB 2610
Like federal law, the bill will provide protections to tenants who are in place at the time of foreclosure. The bill will do the following:
- Require the property owner to provide at least 90 days’ notice of termination to a month-to-month tenant.
- Honor the lease of a tenant until the end of a lease term, unless the property is sold to a buyer who will occupy the premises as his or her primary residence. In that case, the tenant is entitled to 90 days’ notice.
These notice provisions do not apply to:
- Tenancies where the tenant is the child, spouse or parent of the mortgagor;
- The lease or tenancy was not the result of an arms-length transaction or
- The rent is substantially less than fair market rent for the property
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB2610
Smoke Detectors – SB 1394
Requires that on or before Jan. 1 2016, an owner must ensure that smoke alarms are located in each bedroom. Those smoke detectors must be battery operated.
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1394
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