Becoming a landlord can be a lucrative endeavor, as long as you know the dos and don’ts of running a real property rental business.  This article discusses practices all landlords must avoid when renting a dwelling to a tenant.

Do Not Enter the Property Unannounced

A landlord’s ownership interest in rental property does not equate with unfettered access to the premises.  Landlords cannot simply enter the property when they feel like it. 

To the contrary, California and other jurisdictions require advance notice of the intended entry.  In California, landlords must provide a minimum of 24-hour notice if they wish to enter an occupied property, unless there is an emergency. The notice must outline the reason for access and must be made in writing. When proper and reasonable notice is given, the tenant cannot deny a landlord access to the premises.

Do Not Change Locks

Self-help evictions are unlawful in virtually every jurisdiction, including California.  Consequently, unless the tenant is given a new key, landlords are precluding from changing the locks during the tenancy without a court order, which typically is obtained in a successful, formal eviction proceeding.  A violation of this mandate exposes the landlord to liability for any damages flowing from the violation, daily penalties, attorneys’ fees, and possibly punitive damages. 

Do Not Remove a Tenant’s Belongings

This issue typically comes into play after a successful eviction, as landlords are eager to fix up the property for a new tenant as quickly as possible.  However, there are rules designed to protect a tenant’s property from removal or disposal after an eviction.  Specifically, in California, a tenant must be notified of any intended removal and be given 15 or 18 days (depending on how the notice is served) to reclaim personal property before it can be removed or disposed of by the landlord.  Thereafter, if the property is not reclaimed, the landlord can dispose of any property with little or no value and may sell any property with a higher value to cover storage costs.  The current monetary threshold is $700, thereby allowing a California landlord to keep, sell, or destroy a tenant’s unclaimed abandoned personal property if the total resale value of the property is reasonably believed to be less than $700.

Do Not Turn Off Utilities

Landlords cannot intentionally turn off utilities or interrupt service.  Shutting off utilities on a tenant is considered a constructive eviction and the penalties are severe.  The tenant can sue the landlord for $250, or $100 per day, whichever is greater, for each day the rental unit is without utilities. Aggrieved tenants can also add other costs to the lawsuit, such as charges for a motel.

Do Not Raise Rent During the Lease Term Unless Authorized by the Contract and Applicable Law

A lease is a legally binding contract. Once signed, there are very few circumstances under which the landlord can raise the rent. The only way the terms can be changed is if the increase meets the conditions in the lease itself. Plus, rent control laws in California restrict the amount in which landlords can raise the monthly rent.

Do Not Refuse or Delay Completing Reasonable Repair Requests

Landlords have the responsibility to ensure the property is habitable. This means that tenants have the right to safe and sanitary living conditions. As such, you cannot refuse to make necessary repairs to problems that render the property uninhabitable or create a risk to the tenant’s health or safety.  This includes broken plumbing, heating, or electrical systems, removal of mold, asbestos or lead based paint, getting rid of pest or rodent infestation and any other problem that would make the unit unfit for habitation

Do Not Prohibit Service Animals

Landlords cannot refuse to rent to or evict the tenant because of a service animal, even if there is a no pet clause in the rental agreement.  This tenant right is embodied in federal and state anti-discrimination laws prohibiting discrimination based on a person’s disability. In some cases, you can ask to see appropriate documentation—but otherwise, you must allow service animals to live on the property during the tenancy.

Do Not Discriminate Against Tenants

The Fair Housing Act of 1968, also known as Title VIII of the Civil Rights Act of 1968, forbids landlords from refusing to rent to an applicant based on race, color, national origin, sexual orientation, familial status, disability, or gender. 

For example, you cannot advertise your rental property as being for families or individuals with no children allowed. Similarly, you cannot provide different terms or agreements for members of different protected classes than you do for other tenants without running afoul anti-discrimination laws.

The real property rental business is a proven way to generate income, but it’s critical that you understand and avoid those practices that violate a tenant’s rights.  As long as you deal with tenants within the bounds of state and federal laws, you will avoid wasting time and resources defending potentially costly lawsuits.

Please contact Lynx Legal with any questions regarding the above, or any issues relating to a contemplated eviction of your tenant.  We can be reached at 888-441-2355 or [email protected].  You can also schedule a free telephone consultation with one of our representatives on our website.  Our experienced professionals are standing by to assist in any way we can.