AlfonsoGomezBroker.com - There are a few new laws that affect landlords that will
come into effect January 1, 2015 and some of them already have been in effect
since this past September.
AB 2561 – Backyard Plants
Effective January 1, 2015.
This new law requires a landlord to permit a tenant to participate in
“personal agriculture” in portable containers approved by the landlord in a
tenant’s outdoor backyard. The tenant is
allowed to do ground level planting only for fruit and vegetables. NO marijuana planting for personal use is
allowed.
AB 2565 – Electronic Vehicles
Effective July 1, 2015.
Landlords must allow for the installation of electric vehicle charging
stations by renters so long as they meet the electronic station requirements at
the tenant’s expense. This applies to
any lease, executed, renewed or extended on or after July 1, 2015. The landlord must approve the process for
modification. The law does not apply to properties with less than five parking
spaces and properties subject to Rent Control.
The law requires a tenant to maintain a $1,000,000 Lessee’s general
liability insurance policy. The tenant
would be required to pay for all costs prior to installation, and later for all
costs of damage, maintenance, repair, removal and replacement of the charging
stations.
AB 2310 – Evictions Los Angeles, Long
Beach
Effective September 1, 2014.
The law allows the city attorney of these cities to demand that a
landlord evict a tenant for unlawful possession of weapons and ammunition. If there are safety issues, the law allows
the city attorney to bring the action on behalf of the city. Prior to filing the action, the city attorney
must give a landlord a thirty day notice requiring the landlord to evict their
tenant. The basis for the eviction would
be an arrest or warrant by a law enforcement agency for illegal possession of
weapons and or the reporting of an offense at the property.
AB 2747- Security Deposit Electronic
Communications
Effective January 1, 2015. This law allows a landlord and a
tenant to agree to use electronic communications regarding general security
deposit issues. The law allows the
landlord to use email for some of the requirements of a security deposit
including the Right to Inspect the property prior to the termination of
tenancy. However, a security deposit
itemization is not included in this provision.
Delivery of the itemization MUST still be by Personal Service or First
Class Mail.
Assembly Bill No. 60 – Driver’s
Licenses
After January 1, 2015, the Department of Motor Vehicles will
issue driver licenses to individuals who do not provide a social security
number on their application, but provide satisfactory proof that their presence
in the U.S. is authorized under federal law. Further, the DMV may also issue a
license to an individual if they are unable to show proof of legal residence.
The applicant may sign an affidavit attesting they are ineligible for a SSN and
unable to show proof of legal residence.
This applies to landlords in that they may not use the new license to deny
a prospective tenant an apartment during the screening process.
Senate Bill No. 745 – Smoke Alarms
All smoke alarms sold in California after July 1, 2014 will
have a non-replaceable, non-removable battery capable of powering the smoke
alarm for at least 10 years. The amendment does not apply to smoke alarms that
have been ordered by, or are in the inventory of an owner, managing agent,
contractor, wholesaler, or retailer on or before July 1, 2014, until July 1,
2015.
Beginning January 1, 2015, all smoke alarms must display the
date of manufacture on the device, provide a place on the device where the date
of installation can be written and incorporate a hush feature to be approved
and listed by the State Fire Marshal. Landlords of all residential rental units
will have to change the smoke alarms to conform to Senate bill No: 745.
Senate Bill No. 612 – Domestic
Violence
A tenant may notify landlords that he or she, or a household
member, was a victim of domestic violence, sexual assault, stalking, human
trafficking, or abuse of an elder or dependent adult, and intends to terminate
the tenancy. To terminate the lease, the
notification must be written and include one of the following attached to the
notice:
A copy of the restraining order, emergency protective order
or protective order from the courts;
A copy of the police report; or documentation from a
qualified third party, such as a doctor.
Assembly Bill No. 10 – Minimum Wage
Minimum wage increased to $9 per hour on July 1, 2014 and
will be raised to $10 per hour on January 1, 2016. Landlords may be required to
pay on site managers the prevailing minimum wage.
Evictions and 3-Day Notices
There are also a few California Appellate court cases that
have been decided this past year which impact landlords and specifically
evictions.
The first case
Foster v. Williams (2014) 229 Cal. App. 4th, Supp. 9 gives a new statutory
description of how a 3-Day Notice to Pay Rent or Quit must list the person to
be paid. We recommend that all of our clients list a physical address to which
to pay rent to and list an individual to pay rent to NOT just a Corporation or
a LLC. The judges in Los Angeles and in
Lancaster have determined that the person to pay rent to on a three day notice
must be a natural person.
Also, it is advisable to list that under the dates and times
in which rent can be paid that you list Monday through Sunday, otherwise some
judges will deem your notice invalid if you serve the notice on any other day
than aMonday or Tuesday.
There was also
a new case published the Bank of New York Mellon v. Preciado (2013) 224 Cal.App
4th Supp, 2, 169 Cal. Rptr 2d 653 which has changed the requirements when
filing a post foreclosure unlawful detainer action. You can no longer rely on merely having a
certified copy of a trustee’s deed upon sale to prove up your case. Rather, after this ruling it is advisable to
have all documents recorded in the chain of title in order to prove your case,
specifically, the deed of trust, the notice of default, the notice of trustee’s
sale and the Trustees Deed upon Sale.
