In Murrieta and throughout California, we have a lot of tenant protections in place, and that means strict laws on everything from rent control to service animals to fair housing and security deposits. We even have new laws on the books about organic waste.
Sometimes, this feels like a challenge for landlords. It can be, especially if you don’t know the most important laws. You’ll run into some serious legal trouble of your own if you try to evict a tenant outside of just cause eviction procedures, for example.
When you understand the laws and how to navigate them, it’s not too difficult to remain in compliance.
As you have likely noticed, the laws are always changing. Pay attention and keep up. The laws you’re required to follow will generally depend on the type of property you’re renting out and the length of your lease agreements. For example, most of the requirement and restrictions in The Tenant Protection Act of 2019 involve only multi-family properties that are 15 years of age or older.
Let’s take a look at some of California’s rental laws – both new and established – so that you can navigate them easily.
New Laws Murrieta Rental Property Owners Need to Know
Laws around rent control and eviction have been on the books for years, and you’re likely working around them now. We’ll refresh what you need to know on those, but first let’s take a look at some of the new laws that are coming or are already in place.
Recently, we’ve been learning about California state laws around organic waste, habitability, and even support animals. More important than those laws, perhaps, is the new restriction on security deposits. Let’s start there, and then look at some other highlights.
- Security Deposit Limits (AB 12)
Recently, California’s governor signed AB 12, which limits the amount you can collect in a security deposit. Previously, you were able to collect the equivalent of two month’s rent for an unfurnished property and the equivalent of three months’ rent for a furnished property. Now, you are only permitted to collect the equivalent of one month’s rent – whether your property is furnished or unfurnished. This new law will go into effect in July of 2024.
There is an exception. If you do not rent out more than two properties and a total of four rental units, you can request up to two month’s rent as a security deposit.
- Organic Waste (SB 1383)
Organic waste needs to be disposed of in new ways, and this is a law that has been in effect for more than a year. It applies to multi-family properties with five or more rental units. If you’re an owner of a building, you need to provide your tenants with a way to dispose of organic waste separately and in accordance with state law. This will require a bin or container that’s effectively labeled as being designated for organic waste. Provide the composting information on organic waste collection to any new tenants who move into your property. You’ll have two weeks to give them this information after they move in.
Make sure you have subscribed to the city’s curbside collection service for organics. Otherwise, you will be required to haul the waste to a composting facility.
- Habitability Standards are to be Enforced
The Implied Warranty of Habitability must now be more vigorously enforced. The city of Murrieta and/or Riverside County will now be tasked with investigating any habitability complaints from residents. The municipality cannot ignore a complaint that might be considered a nuisance or unfounded. They must actually communicate with residents who file the complaint and reasonably enforce the state housing laws that speak to habitability.
- Support Animal Documentation (AB 468)
The laws around service animals and support animals have long been seen as arbitrary and confusing. Finally, there are some requirements put into place that should help landlords and property managers deal with tenants who need emotional support animals.
Recent laws require that any licensed physician who provides documentation about an individual’s need for an emotional support animal must have an established relationship with their patient. That relationship must have been established for at least 30 days in order for the documentation to be accepted. The physician must also complete an in-person clinical evaluation of the individual who requests the emotional support animal.
Reviewing Existing California Laws that Impact Murrieta Landlords
Here are the laws you should know already.
- California Fair Housing Laws
California’s fair housing laws are stricter than the federal Fair Housing Act. There are more protected classes. The federal act has seven protected classes. In California, you cannot discriminate in rental housing based on:
- Race
- Skin color
- Religion or creed
- National origin or ancestry.
- Sex
- Physical or mental disability
- Familial status
- Sexual orientation
- Age
- Gender identification
- Gender expression
- Veteran or military status
- Citizenship
- Primary language
- Marital status
- Source of income
- Genetic information
This is a list that is always evolving. Make sure you are keeping up on all fair housing laws at a state, local, and federal level.
- Rent Control and Just Cause Eviction Laws
Statewide rent control and just cause eviction laws apply mostly to multi-family properties that are at least 15 years old. If you rent out a single-family home or a condo and you’re not a corporation, you’re likely exempt from rent control.
The rent control limits and requirements caps rental increases to five percent plus the cost of living increase set by the Consumer Price Index.
Check your lease agreement. It must reflect whether your property is bound by the statewide rent control law.
Eviction law is specific, when your property falls under The Tenant Protection Act, you cannot simply terminate a tenancy because you don’t want to rent your unit to a particular tenant anymore.
Instead, you must have just cause (which means a good, legal reason) if you want to terminate a tenancy and not renew a lease agreement. Just causes include nonpayment of rent, property damage, lease violations, and criminal activity. If you’re evicting for a reason that isn’t considered just cause, a tenant relocation payment will be required.
These are the most important laws we’d like you to make sure you know about. If you’d like some help navigating state, local, and federal requirements, contact us at Diamond Property Management. We’d love to be your property management resource in Murrieta.
