Posts Tagged ‘landlord’

Check your Lease before Listing a Short-term Rental

February 18, 2016 Leave a comment

A new law in effect for 2016, requires short-term vacation rental websites such as Airbnb to provide disclosures to tenants.  While subletting is often not allowed in rental agreements, and can even lead to eviction, many tenants don’t know this or even review their own rental agreements before trying it.  A tenant should always review their lease first, to see what is and is not allowed, for any new planned activity.  SB 761 places the burden on operators of home-sharing websites — such as Airbnb, HomeAway, Flipkey and others — to remind renters to check their leases or ask their property managers before engaging in subletting.  The hosting platforms will do this by posting an online notice that customers must acknowledge having read before listing a rental. Prohibitions on subletting exist for good reasons. Tenants who sublet often give out security codes and keys without tracking them, and vacationers who rent the units often use the common areas, such as swimming pools or parking, at disproportionate levels.  Noise complaints are also a common occurrence.  SB 761 is now law as new Sections 22590 to 22594 in the California Business & Professions Code.

– All Rights Reserved © 2016 by Michael L. Mau, Esq. and The Mau Law Firm



Smoke Detector Compliance Law Change

January 30, 2014 Leave a comment

Commencing July 1, 2014 under SB-745, all smoke alarms including combination smoke alarms, that are solely battery powered shall contain a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for at least 10 years. This is a slight extension as this change was going to be effective on January 1, 2014. There are also EXCEPTIONS: This section shall not apply to any smoke alarm or combination smoke alarm that has 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. The amended law is in Health and Safety Code Section 13114.

– All Rights Reserved © 2014 by Michael L. Mau, Esq. and The Mau Law Firm

Landlords Cannot Demand Payments by only Electronic Means

February 22, 2013 Leave a comment

Effective January 1, 2013, Civil Code Section 1947.3 was amended, and requires that “…a landlord or a landlord’s agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer.”  The landlord may still demand or require cash as the exclusive form of payment for a maximum period of three months following a dishonored or bounced check, or following a tenant’s instruction to stop payment, as long as the proper notice detailed under Section 1947.3 is followed.  Parties to a rental agreement can still voluntarily agree in a lease to have payments by cash or by an electronic payment method, as long as another form of payment is also stated in the lease.

All Rights Reserved © 2013 by Michael L. Mau, Esq. & The Mau Law Firm


Landlord May Dispose of Abandoned Personal Property if Less than $700

February 4, 2013 Leave a comment

Effective January 1, 2013, the value of personal property left behind after the termination of a residential tenant’s tenancy that the landlord must sell at a public auction (as opposed to otherwise disposing of), has increased from $300 to $700.  C.C. Section 1988.  Landlords will be prohibited from assessing any storage cost if the tenant reclaims personal property within two days of vacating the premises.   C.C. Sections 1987 and 1990.  As such, the statutory notices of Right to Reclaim Abandoned Property has been revised to reflect these changes, as shown in C.C. Sections 1984 and 1985.   While the increase from $300 to $700 is a welcome one that will allow landlords to dispose of slightly more value-less property then before, arguably the increase should be higher and/or adjusted annually for inflation.

 All Rights Reserved © 2013 by Michael L. Mau, Esq. & The Mau Law Firm

Tenants Allowed to Post Political Signs under New Law

Effective January 1, 2012, SB 337 became California Civil Code Section 1940.4.  In summary, a Landlord cannot prohibit a tenant from posting or displaying a political signs.   The law goes into some detail, as a landlord cannot prohibit a tenant from posting or displaying political signs relating to an election, legislative vote, initiative, referendum, recall process, or issues before a public commission, public board, or elected local body for a vote. For multifamily dwellings, political signs may be posted or displayed in the window or on the door. For single-family dwellings, the signs may be posted on the yard, window, door, balcony, or outside wall of the home.

There are some limitations on the sign including:

  • The size is limited to six square feet in size.
  • It cannot violate a local, state, or federal law.
  • It cannot violate a lawful provision in a common interest development regarding signs made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, including the painting of architectural surfaces.

A tenant must also post and remove political signs in compliance with the time limits set by a city or county ordinance. The tenant (not the landlord) is solely responsible for any violation of a local ordinance. If there is no local ordinance limiting the time for posting and removing political signs, then the landlord may establish a reasonable time period. The time period established by the landlord cannot be less than 90 days prior to the date of the election or end less than 15 days following the date of the election.

All Rights Reserved © 2012 by Michael L. Mau, Esq. & The Mau Law Firm

New Law Effective January 1, 2012 Codifies Right of Landlord to Ban Smoking

January 5, 2012 Leave a comment

A newly enacted code effective January 1, 2012, has codified the right of a landlord to ban smoking on leased premises. Civil Code Section 1947.5 allows the landlord of a residential dwelling unit, to prohibit the smoking of a cigarette, or other tobacco product on the leased property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located. Leases or rental agreement entered into on or after January 1, 2012 that would have this ban, shall
include a provision that specifies the areas on the property where smoking is prohibited. For a lease or rental agreement entered into before January 1, 2012, a new smoking ban can still be enacted but it would constitute a change of the terms of tenancy requiring adequate notice in writing.

All Rights Reserved © 2012 by Michael L. Mau, Esq. & The Mau Law Firm