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EDUCATE
REVOLUTIONIZING HOUSING IN CALIFORNIA
The Least Known Property Laws that Should be “Known”
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By Cambria Risley
When you’re a property owner or operator, it’s important to be aware of all property laws. As stewards of what goes on with your property, you must be vigilant about what you can and cannot do. This knowledge not only protects your interests, but also the renters’ interests as well. Here are some property laws that are not widely known, but must be applied when you rent.
Most property owners don’t know this information, but you must give your renters a copy of the government pamphlet titled California Tenants—A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities. The guide answers questions such as what should a renter do if his or her apartment needs repairs? Can a property owner force a renter to move? How many days notice does a renter have to give a landlord before the renter moves? Can a property owner raise a renter’s rent?
“This law is in place to ensure thatboth the property owner and the renter are aware of their rights and responsibilities,” said Henry Gallagher, CFO at Life Part 2. “Property owners who do not provide their renters with a copy of this handbook can be subject to fines.”
It’s ironic that many property owners don’t know about this requirement yet it protects both parties. Renters who did not receive a copy can Google the title and download it for free from many websites, including the California Courts website at courts.ca.gov. It’s important to know your rights.
Another law property owners must know is the 30-day notice letter letting renters know about rental increases. Property owners that do not give proper notice can be subject to fines. Also, rent increases cannot be arbitrary. They have to follow the rules and regulations put down in the city or county in which the property owners’ housing or rental units reside. In the city of Oakland, the city’s website describes how much rent can be increased based on the percentage of the consumer price index (CPI). As of this issue, the rate increase is 3% of CPI, which is subject to change.
Laws are constantly changing when it comes to what property owners can deny housing over – and one is criminal records. Just because a renter has a criminal record doesn’t mean it can automatically become a reason to deny him/her housing. According to California Tenants: Generally, a housing provider may check the criminal history of an applicant, although there are some types of criminal history information that providers may not seek or consider. For example, landlords are prohibited from considering certain types of criminal history including: 1) arrests that did not lead to a conviction 2) participation in a pretrial or post-trial diversion program 3) any record of a conviction that has been sealed by the court, or 4) any conviction that came from the juvenile justice system.
If a property owner inadvertently breaks the law, especially in the case of obscure or little-enforced laws, the government in question will usually give property owners a period of time in which to rectify an issue before enforcing a penalty. This gives property owners a chance to avoid fines. After all, it’s human to make mistakes, but it’s important to fix those mistakes before they become costly errors.
The best advice comes from Leonard Ang, CEO of iProperty Management Leasing. He said, “If you’re not keeping an eye on the actions of your local city council or county board, you should start. Especially if your real estate portfolio is limited to a single city or metro area, following the actions of – and participating in – city government is an essential way to stay informed about laws that will impact your business.”
Sound advice to protect everyone’s best interests.
Cambria Risley is a Bay Area writer.
