New laws govern the landlord-tenant relationship
From real estate to vehicle codes, laws and regulations are getting more complicated.
Technology and inventions have changed the scene since 1872, when California Civil Code laws were first written. Since laws are defined as “rules of conduct established and enforced by an authority,” twists and turns are bound to continue.
The state Legislature has created laws covering everything from details of demolition to disclosure of neighboring munitions. State landlord-tenant law can be found primarily in sections 1940 to 1954.1 of the Civil Code, under the quaint title of “hiring.” The entire code can be found at www.leginfo.ca.gov.
Landlord-tenant laws have also evolved to meet changing needs. In the 1800s, telephones and phone service did not exist. Technology rang in a law that requires owners to maintain at least one usable telephone jack and inside telephone wiring in rental units.
Back in 1986, owners had two weeks after a tenant vacated to “furnish the tenant with an itemized statement of the amount of, and basis for, any security claimed; and return any remaining portion of the security deposit to the tenant.” Two weeks was arguably enough time to figure out if the hardwood floors were scratched, get estimates and clean up damage.
But units now have amenities ranging from dishwashers to intercom systems. New systems make damage repair and estimation more complicated. Intercom systems, for example, are increasingly common, and a specialized repair service is required. Windows, if dual glazed, may require repair by trained professionals licensed and insured for the specific task.
Consequently, deposit law changed to allow statements within three weeks and added penalties for landlords who abuse the law.
With more amenities to repair and disagree about, disputes over the condition of a rental at move-out have grown. Inspection notification, time and terms became effective last month. “Within a reasonable period of time after the notification of either party’s intention to terminate the tenancy, on or before the end of the lease term, the landlord shall notify the tenant in writing of his or her right to be present at the inspection.” In other words, the tenant should officially be invited to a move-out inspection.
The law continues, “[A]t a reasonable time, but no earlier than two weeks before the termination or end of the lease date, the landlord, or an agent of the landlord, shall, upon request of the tenant, make an initial inspection of the premises prior to any final inspection the landlord makes after the tenant has vacated the premises.” The idea is to allow the landlord and tenant to walk through and discover any problems before move-out and give the tenant a chance to make repairs.
“If a tenant chooses not to request an initial inspection, the duties of the landlord under this subdivision are discharged.” Tenants can now speak up or forever wonder about the option.
Disclosure laws are also growing in complexity and variety. For example, a specific disclosure law emerged from a tragedy in Tierrasanta in which lives were lost when live munitions exploded in a residential area. The explosions were a result of live ammunitions being left behind by military training procedures.
For tenant safety, if a landlord knows of any munitions or military training within one mile of a residential dwelling, written notice must be used to disclose that information to the tenant.
Lead disclosure and exposure have become part of the law, requiring owners, managers and real estate agents to provide a pamphlet titled “Protect Your Family From Lead in Your Home” at move-in. This pamphlet, published by the Environmental Protection Agency, details everything from how lead gets into the body to how to clean up the house. More information is available at (800) 424-LEAD.
State laws are subject to change without notice. Formal notification of new state laws does not exist, so don’t be surprised if an old law is applied to a new situation. If you feel your landlord or manager is incorrect, check with an attorney familiar with the specific area.
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