Questions and Answers

By Todd A. Brisco, Esq., Todd A. Brisco & Associates, A Professional Corporation

Q. We will be taking the turnover of most of our vacant apartments in house. I wanted to ask for your guidance on what we can and can’t charge for if we are to complete the work in house? Is there a specific formula that you have to use and submit for proof under SB-90 with the employees hourly?

A. Civil Code Section 1950.5 allows for repairs completed by your in-house staff. If the turn will be done in house, the landlord must keep accurate records for the time performed. The landlord charges the entire wage paid to the staff person performing the work (including health care, taxes, etc.). The landlord must record and maintain the time necessary to complete the work. Remember this is a business and not a hobby. Keep records.

Landlords can be sued for discrepancies in their security deposit accounting. As for example, a California landlord had a Southern California portfolio outsourced their work and charged the residents based upon invoices. The Northern California portfolio handled the work inhouse. The Northern California portfolio failed to keep adequate documents and didn’t charge the tenant based upon the actual work performed. Essentially poor record keeping. Moreover, the landlord didn’t maintain the time it took to complete the tasks and who performed the work along with their hourly wage. The case resulted in a $5 million judgment for the tenants. Civil Code 1950.5(g)(2) states:

“(A) If the landlord or landlord’s employee did the work, the itemized statement shall reasonably describe the work performed. The itemized statement shall include the time spent and the reasonable hourly rate charged.

(B) If the landlord or landlord’s employee did not do the work, the landlord shall provide the tenant a copy of the bill, invoice, or receipt supplied by the person or entity performing the work. The itemized statement shall provide the tenant with the name, address, and telephone number of the person or entity, if the bill, invoice, or receipt does not include that information.

(C) If a deduction is made for materials or supplies, the landlord shall provide a copy of the bill, invoice, or receipt. If a particular material or supply item is purchased by the landlord on an ongoing basis, the landlord may document the cost of the item by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit.

Q. What do we do if we need to go into a unit for mold repairs? And the residents will not let the landlord into the unit?

A. Try and accommodate the resident. Advise that access is necessary and the resident can be charged any damages as a result of their delay. Sometimes, the police have been called to mediate the issue with success. Try and work together. However, if unable and as a last resort, serve a 24- hour Notice to Enter Dwelling. If after serving the Notice to Enter Dwelling the resident continues to refuse access, you may serve the resident with a 3 Day Notice to Perform Covenant or Quit. And if the resident still fails to comply, if your property is subject to AB 1482, you must then serve a 3 Day Notice to Quit. If the property is not subject to AB 1482, you may go straight to the eviction process.

Q. On April 10, 2020, we have an eviction case pending. The rent due was prior to the COVID-19 pandemic emergency orders. I wanted to confirm whether or not the case will be on hold due to the Judicial Council’s Emergency Rule #1. Please advise.

A. On April 6, 2020, the California Judicial Council (policy making committee of the Courts) passed Emergency Rule #1 (ER #1).

The new rule remains in effect for 90 days after the Governor declares that the state of emergency related to COVID-19 is lifted, or until amended or repealed by the Judicial Council. Currently, the Governor’s executive order is set to expire on May 31, 2020. Meaning, at best, ER #1 is in effect until September 1, 2020. The Judicial Council has instructed each and every court in California:

1. Not issue a summons on an eviction case unless, in the judge’s discretion, and on the record (for appeal purposes), the eviction is necessary to protect public health and safety.

2. Not enter default to default judgment unless the eviction is necessary to protect public health and safety.

3. If a defendant has answered the eviction complaint, the court may not set a trial earlier than 60 days after a request for trial is made (current law is 20 days) unless the court finds the eviction is necessary to protect public health and safety.

4. All trials as of April 6, 2020 must be continued at least 60 days.

This new rule does not distinguish between commercial or residential tenants. The rule does not distinguish between those affected or not affected by COVID-19 virus. Moreover, ER #1 applies to any and all eviction cases whether the rent is due before March 4, 2020 and all cases whereby the resident has not complied with a material term of the lease agreement. We are hoping the Judicial Council realizes their ER #1 took an overly broad stroke affecting many cases not those impacted by the COVID-19 virus and modifies their rule.

Q. We have a residential rental property. Can we exclude all marijuana use at the property?

A. Yes. It starts with your lease. You must have a specific provision prohibiting marijuana in your lease. Such as: “The use, possession, manufacture, sale or distribution of marijuana by any Resident, household member, guest, or any other person under Resident’s control, for any purpose, is prohibited on the premises and project grounds and is a material non-compliance of the Lease Agreement. There is no exception for marijuana purported to be for medical reasons.” By the way, you may and should prohibit smoking, vaping, e-cigarettes, etc. in your buildings too.

The answers to the above questions are general in nature. Each case has specific facts that may result in a different answer. Please consult an attorney if you need specific legal advice. Todd Brisco is an attorney who handles landlord tenant matters on behalf of landlords throughout California. His telephone number is 714-634-2814 and address is 2200 W Orangewood Ave Ste 250, Orange Ca 92868. If you have any questions please forward them to SDCAA or Todd.