This article discusses the enforceability of a late fee provision in a California rental contract. The short answer is that such a clause is disfavored – but enforceable – provided the landlord meets his burden of establishing proper disclosure of the fee in the rental agreement, and that the fee is limited to a reasonable…
In California, when a tenant fails to pay rent on time the landlord must give the tenant a three-day notice to pay rent or quit before initiating an eviction lawsuit (known as an unlawful detainer action) against the tenant. This written notice informs the tenant that they have three days to either pay the full…
California Assembly Bill 2801, which becomes operative in 2025, changes some of the residential security deposit rules under California law through amendments to California Civil Code section 1950.5. The bill was intended to clarify and limit the charges landlords can deduct from a tenant’s security deposit and outlines the required documentation necessary for lawful deductions…
California landlords need to be aware of state and federal disability rights laws which impose legal obligations on landlords when renting to persons with disabilities. This article provides an overview of the major issues implicated by applying those laws to the landlord-tenant relationship. What is Considered a Disability? “Disability” is defined broadly under state and…
Landlord insurance is similar to homeowners’ insurance, but typically includes additional liability coverage for the specific, added risks landlords face by renting out their property. It is not legally required in California but may be a requirement of any mortgage lender on the property. If you own rental property in California, you should have landlord…
This article discusses the role of a demurrer in an unlawful detainer proceeding, and how tenants have historically used it as a litigation tactic to delay entry of an eviction judgment against the tenant. What is a Demurrer? A “demurrer” is a pleading filed by a tenant challenging the legal sufficiency of a complaint. It…
The City of Los Angeles has a “just cause” eviction control ordinance allowing evictions based on the owner’s intention to move into the property. Here is a summary of the requirements for owner move-in evictions regarding properties subject to Los Angeles’ Just Cause Ordinance. Allowable Reasons for Owner Move-In Evictions Los Angeles Municipal Code (LAMC)…
Does a landlord have a legal right to prohibit prospective tenants from smoking inside or around the rented premises? The answer is “yes”, if the restriction is spelled out in the rental contract with the tenant. Cigarettes/E-Cigarettes California has enacted a statute allowing landlords of residential dwelling units to prohibit smoking of cigarettes or other…
This article summarizes the “just cause” eviction control provisions of the City of Concord’s Tenant Protection Program (“TPP”) (Concord, Cal. Municipal Code section 19.40.010 et seq.) Below we discuss the TPP’s allowable just cause reasons for eviction, and the penalties for violating the ordinance. Covered Properties Any unit rented as a “home, residence, or sleeping…
Code of Civil Procedure 1162 provides three ways to serve a tenant with a notice terminating the tenancy such as a Notice to Pay Rent or Quit. Here is an overview of the authorized methods of service of process for the notice. If the notice is not served by one of these allowable methods, the…