California’s legal policies favoring tenants have caused significant losses for many landlords. However, once the law is in effect, it must be complied with. Lawyers remind all landlords that by avoiding small mistakes caused by legal blind spots, they can greatly reduce major losses and prevent lawsuits from tenants.
Bijan Shakibkoo is a senior real estate lawyer in Los Angeles, who handles many disputes between landlords and tenants. He has found common mistakes made by landlords in their transactions and communications with tenants.
Many landlords, as pointed out by Shakibkoo, withhold deposits from tenants after they move out for damage and cleaning costs, but fail to provide tenants with a detailed list and specifics of the deduction within the designated time frame, or engage in improper deductions, leading to legal action by tenants.
Under California’s new law AB2801, landlords must take photos at all times to document the condition of the property: for leases starting after July 1, photos must be taken before or at the time of tenant move-in; starting from April 1, photos must also be taken within a reasonable period after the tenant moves out, as well as before and after repairs and cleaning are completed.
When tenants vacate and the property is left clean, landlords must refund the full deposit. If tenants damage property or require additional cleaning costs, landlords must provide photo evidence to deduct from the deposit.
Lawyers recommend that landlords strictly adhere to the new regulations, keep all photos and evidence, and send an itemized list of any reasonable charges needing deductions to tenants within 21 days of tenant move-out.
Shakibkoo further emphasizes that many lawyers representing tenants are filing lawsuits against landlords for “living environment issues.” Therefore, landlords must ensure that rental properties are suitable for living and comply with local housing regulations.
He explains that whenever a tenant makes a repair request or claims there are any issues in the property related to daily living such as mold problems, leaking pipes, landlords must not ignore these and must resolve them while keeping evidence of repairs. Ignoring any repair or reasonable request from tenants could lead to significant claims from their lawyers.
Facing multiple complaints from tenants, some landlords may resort to raising rent or attempting to evict tenants, which could be construed as “retaliatory.”
The recommended course of action, as advised by Shakibkoo, is to address problems raised by tenants, keep records, and then consider the future of the leasing relationship to effectively avoid related litigation.
Under no circumstances should landlords take “illegal actions” to evict tenants, such as locking tenants out, changing the locks, or cutting off water and electricity, as these actions may backfire.
“If eviction is necessary, it must be done through proper legal channels, without attempting to handle it on your own, as this could quickly lead to trouble,” he said.
Shakibkoo has observed that some tenants are filing lawsuits against landlords for renting units without a Certificate of Occupancy, claiming back all rent paid and related compensation.
For example, a landlord may have purchased a multi-unit building with one unit not approved for occupancy, which tenants seize upon in their lawsuit. He advises landlords to ensure that all units they own have a Certificate of Occupancy and comply with regulations.
Shakibkoo highlights that lawsuits claiming landlords “trespassing” in residential properties have occurred. Landlords must understand that they cannot enter rented premises without permission.
If landlords need to enter a rented property for repairs or other reasons, they must obtain the tenant’s consent: provide written notice at least 24 hours in advance, stating the reason, date, and time of entry. With the exception of emergencies, landlords cannot enter rented premises outside of working hours, which are from 8 am to 5 pm.
California’s SB721 law mandates that owners of multi-unit residences (three units or more) must conduct regular inspections of balconies, terraces, and stairs to ensure structural integrity and safety systems are in proper condition. Inspections must occur every six years and be performed by qualified inspectors since January 1.
Shakibkoo reminds landlords to ensure timely inspections to avoid potential litigation disputes, and to retain all records post-inspection.
He further notes that California currently has numerous laws aiming to protect tenants, thus landlords must carefully preserve records from all stages of leasing processes, including all relevant photos, documents from tenants, issued documents, and notices, to prevent unnecessary legal disputes.
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