As a Riverside landlord attorney specializing in evictions, I’m writing this to ensure you understand the full implications of Assembly Bill 628 before it takes effect on January 1, 2026. This isn’t just another compliance checkbox—it’s a fundamental shift in California’s habitability framework that will directly impact your eviction proceedings, maintenance obligations, and legal exposure.
The Core Requirement
AB 628 requires landlords to provide their tenants with a fridge and stove and repair or replace them if they stop working. More specifically, the law amends California Civil Code § 1941.1 to add two items to the list of what makes a dwelling “tenantable”:
- A working stove capable of safely generating heat for cooking purposes
- A working refrigerator capable of safely storing food (maintaining temperatures at 40°F or below)
When Does AB 628 Apply?
The trigger is critical: This will apply to leases entered into, amended or extended on or after January 1, 2026.
This means:
- Any new lease signed on or after January 1, 2026
- Any existing lease renewed or extended on or after January 1, 2026
- Any lease amendment executed on or after January 1, 2026
- Month-to-month tenancies where you formally renew or amend the agreement
Pre-2026 leases that continue on a month-to-month basis without formal renewal are not immediately subject to AB 628—but the moment you amend or renew that lease, compliance becomes mandatory.
The Eviction Connection: Why This Matters for Your Practice
Here’s where AB 628 becomes particularly dangerous for landlords: A malfunctioning refrigerator or stove could now trigger habitability disputes, repair-and-deduct claims, rent withholding, or serve as a defense against eviction.
In unlawful detainer proceedings, tenants can now assert habitability defenses based on appliance failures. When you file an eviction for nonpayment of rent, expect opposing counsel to:
- Assert rent withholding as justified due to uninhabitable conditions under § 1941.1
- File cross-complaints for breach of the implied warranty of habitability
- Request inspection orders to document appliance conditions
- Seek rent abatements retroactive to when the appliance failed
- Delay proceedings while habitability issues are litigated
The tenant can cite the broken, mandated appliance (the new habitability breach) as a justification for rent withholding, effectively challenging the legal premise of your unlawful detainer action.
The 30-Day Recall Rule
If the stove or fridge breaks or is recalled, the landlord will also be required to repair or replace the appliance within 30 days of notification.
This creates a hard deadline that plaintiffs’ attorneys will exploit. If you receive notice of a recall and fail to replace the appliance within 30 days, the unit becomes legally uninhabitable—providing tenants with immediate grounds for rent withholding and a powerful defense in any eviction proceeding.
Exemptions: Does Your Property Qualify?
Permanent supportive housing and single-room occupancy units where kitchens are shared with others are excluded from this law.
The exemptions are narrow and include:
- Permanent supportive housing
- Single-room occupancy (SRO) units
- Residential hotels
- Dwelling units within housing facilities offering shared or communal kitchens (including assisted living facilities)
If you believe your property qualifies for an exemption, document this determination carefully with legal counsel. Courts will not be sympathetic to landlords who self-assess exemptions incorrectly.
The Tenant Opt-Out for Refrigerators
Landlords cannot ask a tenant to buy their home’s stove, but there is limited flexibility with refrigerators.
Tenants may voluntarily agree to provide their own refrigerator, but only if:
- Both parties agree in writing when the lease is signed
- The lease includes specific opt-out language acknowledging the landlord’s legal obligation
- The tenant acknowledges responsibility for maintaining their own refrigerator
- The lease includes a clause allowing the tenant to provide 30 days’ written notice to end the opt-out and require the landlord to provide a refrigerator
This is not a loophole to avoid costs. You cannot condition tenancy on a tenant agreeing to bring their own refrigerator. Any attempt to do so violates AB 628 and exposes you to habitability claims.
Compliance Checklist for Riverside Landlords
To minimize your eviction litigation risk, take these steps immediately:
Before December 31, 2025:
- Audit every property to document current appliance status
- Identify which leases will renew or require amendment in 2026
- Budget for appliance purchases, delivery, and installation
- Select standardized appliance models to simplify future maintenance
- Update your lease templates to include AB 628 compliance language
- Create a tenant opt-out addendum for refrigerators that complies with the law
- Establish a system to monitor appliance recalls from the Consumer Product Safety Commission
Starting January 1, 2026:
- Ensure all new and renewed leases include working stoves and refrigerators
- Respond to appliance failure reports within your normal habitability response timeline (ideally within 24-48 hours)
- Document all appliance maintenance with photos, serial numbers, and work orders
- If you receive a recall notice, calendar the 30-day deadline immediately
- Maintain copies of purchase receipts, warranties, and installation documentation with each lease file
Cost Considerations
A basic stove and refrigerator can cost anywhere from $1,000 to $3,000 combined, depending on quality and features.
Beyond purchase costs, factor in:
- Delivery and installation fees
- Haul-away of old appliances
- Electrical or gas line upgrades for older properties
- Ongoing maintenance and repair reserves
- Eventual replacement costs (appliances typically last 10-15 years)
While you may be tempted to pass these costs to tenants through rent increases, remember that California’s statewide rent cap of 5% plus inflation (currently set by AB 1482, which expires mid-2026 but may be replaced with similar or stricter controls) applies throughout Riverside County for covered properties.
What “Good Working Order” Means
The law requires appliances to be in “good working order,” but what does that mean in practice? A refrigerator that can keep temperatures at 40°F or below can protect most food products.
For refrigerators:
- Must maintain safe food storage temperatures (40°F or below)
- Door seals must function properly
- Shelving and drawers should be intact and functional
- No excessive frost buildup or leaking
For stoves:
- All burners (or heating elements) must work
- Oven must heat to and maintain set temperatures
- Gas connections must be safe and leak-free
- Safety features (automatic shut-offs, etc.) must function
Don’t assume that because an appliance “technically works,” it meets the legal standard. A refrigerator that struggles to stay cold or a stove with only two working burners will likely fail the habitability test in court.
Documentation Is Your Best Defense
When defending against habitability claims in eviction proceedings, your documentation will make or break your case. For every unit:
- Photograph appliances at move-in with dates and serial numbers visible
- Keep a maintenance log of all service calls, repairs, and replacements
- Retain copies of recall checks and responses
- Document tenant-reported issues with timestamps and your response times
- Store warranty information and purchase receipts with the lease file
If a tenant claims you failed to maintain an appliance, you need contemporaneous records proving otherwise. “I always kept it working” won’t hold up in court without documentation.
The Bigger Picture: AB 628 in Context
AB 628 functions as one more onerous regulatory layer placed atop an already complex legal framework, particularly the stringent tenant protections provided by the Tenant Protection Act of 2019 (AB 1482).
AB 628 doesn’t exist in isolation. It compounds with:
- Statewide rent caps under AB 1482
- Just Cause eviction requirements
- Local rent control ordinances (particularly in coastal California cities)
- Increasingly tenant-friendly court interpretations of habitability
The cumulative effect is a narrowing window for profitable rental operations and increased litigation risk. From an eviction attorney’s perspective, every new habitability requirement gives tenants another potential defense, another reason to withhold rent, and another basis to delay eviction proceedings.
Practical Guidance for Eviction Prevention
The best eviction is the one you never have to file. Here’s how to minimize your AB 628-related litigation risk:
- Be proactive, not reactive. Don’t wait for tenants to complain about appliances. Schedule annual inspections and address issues before they become habitability violations.
- Respond immediately to appliance issues. When a tenant reports a broken refrigerator or stove, treat it with the same urgency you’d treat a broken heater or plumbing leak—because legally, it now has the same status.
- Consider loaner appliances. If a repair will take more than 24-48 hours, having a basic loaner refrigerator available can prevent a habitability claim while you source a replacement.
- Never retaliate. If a tenant withholds rent due to an appliance issue, do not file for eviction until you’ve verified compliance. Filing an eviction while the unit is legally uninhabitable will result in an embarrassing loss and potential sanctions.
- Update your lease templates now. Work with counsel to ensure your 2026 leases properly address AB 628, including appropriate language about maintenance responsibilities and opt-out procedures.
What About Rent Increases?
Many landlords are asking: Can I raise the rent to cover these new costs?
The short answer is: it depends on your local rent control status and AB 1482 limitations. Throughout Riverside County, you’re subject to the statewide rent cap (5% plus local inflation) for most properties built more than 15 years ago. The city of Riverside does not currently have additional local rent control measures beyond the statewide requirements. Adding appliances doesn’t create an exemption from rent control.
That said, when marketing units, you can position “included stove and refrigerator with landlord-provided maintenance” as a value-add that justifies competitive pricing—particularly compared to units where tenants must provide their own appliances.
Final Thoughts: Prepare Now or Pay Later
AB 628 takes effect in just days. Landlords who treat this as a minor compliance issue will find themselves facing expensive habitability claims and prolonged eviction litigation throughout 2026.
Those who prepare now—by auditing properties, updating leases, budgeting for appliances, and establishing robust maintenance protocols—will be positioned to avoid these problems entirely.
From a Riverside eviction attorney‘s perspective, I’d much rather help you draft compliant leases and maintenance procedures today than defend you against habitability claims and tenant counterclaims six months from now.
The time to act is now. Review your portfolio, consult with legal counsel, and ensure every property that will trigger AB 628 in 2026 is fully compliant before you sign or renew that next lease.
This article is provided for informational purposes and does not constitute legal advice. Riverside Landlords should consult with qualified legal counsel regarding their specific circumstances and compliance obligations under AB 628.
If you own rental property in Riverside, it’s essential to understand California’s rent increase laws to protect your investment and stay compliant. State legislation sets clear boundaries on how much you can raise rent, and knowing these rules helps you run your rental business smoothly while avoiding legal pitfalls.
California’s Statewide Rent Cap Explained
Through AB 1482, California limits annual rent increases for tenants. The maximum allowed increase is calculated as 5% plus the local inflation rate, or 10%—whichever is less. Your rent hikes within any 12-month period cannot exceed this threshold.
Since inflation varies, the permitted increase amount shifts annually. Here are the rent cap percentages from the past 4 years:
- August 1, 2021 through July 31, 2022: 9.1%
- August 1, 2022 through July 31, 2023: 10%
- August 1, 2023 through July 31, 2024: 10%
- August 1, 2024 through July 31, 2025: 8.6%
- August 1, 2025 through July 31, 2026: 8.8%
Remember that you can only raise rent twice within a 12-month timeframe, and the combined total cannot go beyond the annual cap. These limits don’t apply when you’re setting the initial rent for a brand-new tenant.
Riverside Properties Not Subject to Rent Control
Not every rental in Riverside falls under California’s rent cap regulations. The following property categories are exempt:
- New construction: Properties built in the past 15 years
- Affordable housing units: Properties with deed restrictions or affordable housing covenants
- Locally regulated rentals: Units already covered by more restrictive city rent control measures
- Individual ownership properties: Single-family homes and condos owned by individuals or LLCs (not corporate entities)
- Owner-occupied duplexes: Two-unit properties where the landlord lives in one unit
- Student housing: Dormitories and university-affiliated residences
While these exempt properties offer more leeway in setting rent amounts, you must still comply with California’s notification rules.
Proper Notice: A Legal Requirement
No matter your property’s exemption status, every rent increase in California demands appropriate advance notice. Inadequate notification is a common mistake that can invalidate your rent increase entirely.
Under California Civil Code Section 827, here’s what you need to provide:
- Under 10% increase: At least 30 days’ written notice
- 10% or more increase: At least 90 days’ written notice in most situations
Here’s a crucial point: the 10% calculation compares your new rent amount to what the tenant paid 12 months ago, not their current rate. This trips up many property owners.
Written notice must typically be hand-delivered, mailed, or posted and mailed if the tenant is unavailable. Electronic delivery is only permissible if you’ve previously agreed to this method in writing with your tenant.
Best Practices for Riverside Landlords
These strategies will help you stay compliant and maintain good tenant relations:
Keep Detailed Records: Track every rent increase with dates and amounts to avoid accidentally violating the two-per-year rule or annual ceiling.
Verify Your Calculations: Always check the current year’s legal limit and ensure your proposed increase complies before sending any notice.
Err on the Side of Caution: If your increase is close to 10%, opt for the 90-day notice period instead of 30 days to avoid disputes.
Document Everything: Save all rent increase notices and delivery proof. This documentation becomes invaluable if disputes arise.
Consider Your Strategy: Maxing out the legal increase isn’t always wise. Moderate adjustments can help retain quality tenants and minimize vacancy costs.
Resolving Tenant Disputes
Disputes can occur even when you’ve done everything correctly. Common issues include disagreements over notice timing, exemption status, or whether the increase exceeds legal limits.
If a tenant contests your rent increase or withholds the additional amount, proceed carefully. Evicting based on an invalid rent increase can result in case dismissal, damage to your reputation, and potential liability for the tenant’s attorney fees.
Conclusion
California’s rent regulations seek to balance landlord and tenant interests. For Riverside property owners, understanding these laws isn’t just about compliance—it’s essential for running a sustainable rental business. By tracking annual rent caps, following proper notification procedures, and maintaining thorough records, you can manage rent adjustments confidently while minimizing legal risk.
If you’re uncertain whether your planned rent increase complies with California law, or you’re facing a tenant dispute over rent, consulting with an experienced eviction attorney can help you navigate the situation and protect your business.
This content is for informational purposes only and does not constitute legal advice. Landlord-tenant law is complex and fact-specific. For advice regarding your particular circumstances, please consult a qualified eviction attorney in Riverside.
As a Riverside eviction law firm, we know how challenging it can be to navigate California’s constantly changing landlord-tenant regulations. One of the most common questions we receive is whether landlords in Riverside can legally charge tenants a “convenience fee” when rent is paid with a credit card. With new laws taking effect and more legislation under consideration, staying informed is critical for property owners and managers in Riverside County.
The Current Law: SB 611 (Effective April 1, 2025)
As of August 2025, Senate Bill 611 makes it legal for California landlords—including those in Riverside—to charge a convenience fee for rent payments made by credit card. But this permission comes with important restrictions:
- Prohibited Fees: Landlords may not charge tenants for delivering or serving notices (like eviction notices or late rent notices) or for rent payments made by check.
- Mandatory Fee-Free Option: If you do allow credit card payments with a fee, state law requires you to also provide at least one alternative payment method that is free of charge. Importantly, that option cannot be limited to cash or electronic transfer—it must be something like a check or money order.
What Could Change: Proposed Legislation
Two bills currently being considered in Sacramento could reshape how Riverside landlords handle rent payment fees:
- SB 681 – Already passed by the California Senate and now under Assembly review, this bill could heavily restrict or even eliminate convenience fees. Landlords might be required to fold those costs into the rent instead of charging them separately.
- SB 381 (“Fair Rental Act of 2025”) – This proposal goes even further by explicitly banning all processing and convenience fees, including credit card surcharges, for rent and related payments.
Neither bill is law yet, but both could take effect as early as January 2026.
Quick Reference: Current and Possible Rules
| Timeframe | Law Status | Credit Card Convenience Fee Allowed? | Fee-Free Payment Option Required? |
|---|---|---|---|
| Now (Aug 2025) | SB 611 in effect | ✅ Yes | ✅ Yes (non-electronic, no fee) |
| If SB 681 passes | Under Assembly review | ⚠️ Possibly restricted/bundled into rent | N/A |
| If SB 381 passes | Proposed | ❌ No, banned | N/A |
What Riverside Landlords Should Do
For now, Riverside landlords may charge a convenience fee on credit card rent payments, provided a valid fee-free option is also offered. But with SB 681 and SB 381 on the horizon, these fees could soon be eliminated or forced into rent pricing.
The takeaway: Stay updated on California’s legislative changes. Riverside landlords who fail to adjust their practices promptly could face compliance issues, tenant disputes, or legal exposure.
California law outlines how landlords in Riverside must handle security deposits in residential rentals. AB2801 restricts what landlords can charge tenants, focusing solely on repairs needed beyond typical wear and tear. Specifically:
- Permitted Deductions: Landlords in Riverside are limited to deducting costs required to restore the unit to its original condition, excluding normal wear and tear. This applies to repairs completed by contractors, landlords, or their employees.
- Prohibited Deductions: Landlords in Riverside cannot charge for pre-existing damages, routine wear and tear, or professional cleaning services (like carpet cleaning) unless absolutely necessary to return the unit to its initial state.
- Initial Inspection Right: Tenants in Riverside are entitled to an initial inspection before moving out. Landlords must provide a detailed list of potential deductions.
- Landlords cannot deduct from the deposit for items not included on the initial list, unless they were concealed by the tenant’s belongings during the inspection.
- Landlords retain the right to deduct from the security deposit for issues that arise after the initial inspection and before the landlord regains possession of the unit.
- Final Accounting: Landlords in Riverside must provide a detailed statement of deductions within 21 days of move-out, along with supporting documentation.
- New Photo Requirements:
- For leases beginning July 1, 2025, Riverside landlords must take photos of the unit before the tenancy starts.
- Starting April 1, 2025, Riverside landlords must take photos after the tenant moves out, and before and after any repairs or cleaning.
- These photos, along with cost explanations, must be included with the final itemized statement.
- Failure to comply with the itemized statement and photo rules in good faith will prevent landlords in Riverside from making claims against the security deposit.
In essence, AB2801 aims to enhance transparency and fairness in security deposit handling, with a strong focus on thorough documentation and restricting deductions to actual damages caused by the tenant in Riverside.
Attention Riverside landlords and property owners! Significant changes are coming to California’s eviction process. Assembly Bill 2347 (AB 2347) takes effect on January 1, 2025, and it’s essential to understand how it will impact your operations.
What AB 2347 Means for Riverside Property Owners:
- More Time for Tenants to Respond: One of the most significant changes is the increased time Riverside tenants have to respond to an eviction lawsuit. It’s now 10 days (excluding weekends and holidays) instead of the previous 5 days. This means you’ll need to adjust your timelines and expectations accordingly.
- Additional Time for Certain Service Methods: If you serve a tenant through someone else at the property, your tenant gets 10 additional “calendar” days to respond. If you serve an eviction notice through the Secretary of State’s address confidentiality program, tenants get an extra 5 court days to respond. Keep this in mind when choosing your service method.
- Stricter Deadlines for Motions: AB 2347 introduces specific deadlines for filing and hearing demurrers or motions to strike. Make sure you’re aware of these deadlines to avoid missing any critical steps in the process.
- New Rules for Oppositions: There are also new procedures for filing written oppositions and replies to motions. It’s important to familiarize yourself with these rules to ensure your filings are accepted and considered by the court.
3 Steps to Set Yourself up for Success with Evictions in Riverside:
- Review and Update Procedures: Take the time now to review your current Riverside eviction procedures and update them to comply with AB 2347.
- Educate Yourself and Your Team: Make sure you and your staff understand the new law and how it will affect your day-to-day operations. Consider attending workshops or seeking legal guidance to clarify any questions you may have. Expect delays in getting your property back through eviction.
- Document Everything: Meticulous documentation is more critical than ever. Keep thorough records of all notices, filings, and service methods to ensure you’re protected in case of legal challenges.
AB 2347 brings significant changes to the eviction landscape in Riverside. By understanding these changes and taking proactive steps to comply, you can protect your interests and ensure a smoother eviction process. This Riverside Evictions blog post is intended for informational purposes only and does not constitute legal advice. Please consult with a qualified eviction attorney in Riverside to discuss your specific legal situation.
In 1995 the legislator passed the Costa-Hawkins Rental Housing Act (Costa-Hawkins), which limits local rent control laws in three main ways. First, rent control cannot apply to any single-family homes. Second, rent control cannot apply to any housing built on or after February 1, 1995. Third, rent control laws generally cannot tell landlords what they can charge a new renter when first moving in. Instead, rent control can only limit how much landlords increase rent for existing renters.
Proposition 33 will eliminate Costa-Hawkins and instead give local governments free reign to regulate rent control. If passed, Prop 33 would allow cities and counties to:
- Implement rent control on ALL rental units, including single-family homes and vacant units.
- Limit the amount that landlords can raise rents each year, including for new tenants.
Proponents of Prop 33 argue that it is necessary to protect tenants from rising rents. They say that deregulated rent control is an effective way to make housing more affordable and stable for low- and middle-income Californians.
Opponents of Prop 33 argue that it would discourage private investment in long term rental housing, leading to an increase in short term rentals, and a shortage of affordable long term rental units. They also say that it would make it more difficult for individual landlords to maintain their properties, forcing mom and pop landlords to sell to corporate investors.
Potential negative consequences for landlords:
If Prop 33 is passed, it could have several negative consequences for landlords, including:
- Reduced rental income: Landlords would be limited in the amount they could raise rents each year. This could lead to a significant reduction in their rental income, especially in areas with high housing costs.
- Increased vacancy rates: Rent control could discourage landlords from renting out their units, leading to an increase in vacancy rates. This could make it more difficult for tenants to find affordable housing.
- Decreased property values: The value of rental properties could decline if Prop 33 is passed. This is because landlords would be unable to raise rents as much as they would otherwise be able to, and in turn would be unable to maintain their properties.
- Additional local government fees: Expanding local rent control could get expensive for local governments, possibly costing millions each year. Landlords would likely be on the hook to cover those costs through new fees.
Overall, Prop 33 would have a significant negative impact on both landlords and tenants. It is important for everyone to be aware of the potential consequences of this proposition before voting.
California Assembly Bill 1418 (AB 1418) is a new law that went into effect on January 1, 2024. AB 1418 prohibits state and local governments from having or adopting “crime-free” programs and nuisance property ordinances (CFNOs) that penalize tenants for contact with law enforcement. AB 1418 applies to local government agencies, including public housing authorities.
What are CFNOs?
CFNOs are policies that allow landlords to evict tenants for criminal activity that occurs on the rental property, even if the tenant was not involved in the crime. CFNOs have been criticized for disproportionately impacting tenants of color and low-income tenants.
What does AB 1418 mean for landlords?
AB 1418 means that landlords CANNOT evict tenants based on contact with law enforcement. This includes calls to the police, reports of domestic violence, and arrests. Landlords can still evict tenants for other reasons, such as non-payment of rent or violation of the lease agreement, but not due to police or other law enforcement being called to the property.
What should landlords do?
Landlords should review their leases and make sure they comply with AB 1418. Landlords should also train their employees on AB 1418. Landlords should be cautious when moving forward with “conduct” based evictions, and make sure there is substantial proof of misconduct beyond the engagement of law enforcement at the property.
What are the potential consequences for landlords who violate AB 1418?
Landlords who violate AB 1418 may be subject to fines and other penalties. Tenants who face evicted in violation of AB 1418 may be able to sue their landlords for damages, and such violations of AB 1418 by the landlord may be a defense to eviction.
How can a landlord attorney help?
A landlord attorney can help landlords understand AB 1418 and comply with the law.
What are the implications of AB 1418 for crime reduction?
Some people have expressed concerns that AB 1418 will make it more difficult to reduce crime in rental properties. However, others argue that AB 1418 will actually help to reduce crime by making it more likely that tenants will report crime to the police.
Additional Resources
– California Assembly Bill 1418
The Carlsbad City Council recently agreed to ban smoking and vaping inside all condos, apartments and multifamily homes citywide beginning January 1, 2025, making Carlsbad the first city in San Diego to enact a smoking-free housing law. The new law will apply to apartment buildings, condos for sale or rent, townhomes, senior assisted living facilities, long-term healthcare facilities and single-family homes licensed as care facilities.
The ban was approved by a 4-1 vote on July 30th, with Councilmember Melanie Burkholder casting the lone dissenting vote. Burkholder said she can’t support the new law because it seems like an overreach by the city.
What does this mean for landlords and property owners?
If you own a condo, apartment or multi-family home in Carlsbad, you will need to comply with the new law by prohibiting smoking and vaping inside your units. You will also need to post signs that inform residents of the ban.
What are the benefits of the new law?
The new law will have several benefits to landlords and property owners, including:
- Increased property values: Studies have shown that smoke-free properties tend to have higher property values than properties that allow smoking. The new law could help to increase the value of condos, apartments and multi-family homes in Carlsbad.
- Reduced costs: Landlords and property owners who allow smoking in their units may face higher costs for cleaning, repairs, and maintenance. The new law could help to reduce these costs.
- Improved public health: Secondhand smoke is a serious health hazard that can cause a variety of health problems, including cancer, heart disease, and respiratory illness. The new law will help to protect residents from these harmful effects.
What are the challenges of the new law?
The new law may pose some challenges for landlords and property owners, such as:
- Enforcement: It may be difficult to enforce the new law, especially in large apartment buildings.
- Loss of rental income: Some landlords may lose rental income as a result of the new law.
- Impact on low-income residents: Low-income residents may have difficulty finding affordable smoke-free housing.
What can landlords and property owners do to comply with the new law?
Landlords and property owners can take a number of steps to comply with the new law, such as:
- Posting signs: Post signs that inform residents of the new law.
- Updating leases: Update your leases to include a provision that prohibits smoking and vaping inside your units.
- Enforcing the ban: Take steps to enforce the ban, such as contacting residents who are caught smoking or vaping.
If you are in need of assistance with complying the new law, you can contact our landlord attorney in Carlsbad.
As a landlord attorney in San Diego, I frequently advise clients on navigating California’s tenant security deposit laws. Here are some key points to remember:
- Compliance is Essential: Strict adherence to California Civil Code Section 1950.5 is crucial to avoid potential lawsuits and penalties. Security deposits must be handled correctly from collection to return.
- Security Deposits are Refundable: There is no such thing as a “non-refundable” security deposit. The security deposit belongs to the tenant, not the landlord, however the landlord can hold the deposit to cover allowable expenses once the tenant moves out. If the landlord sells, the deposit needs to be transferred to the new owner.
- Deposit Limits are Changing: Be aware of the upcoming change in deposit limits (effective July 1st, 2024). Currently, the maximum allowable deposit is two months’ rent or up to three months for fully furnished units. This will transition to just one month’s rent starting July 1, 2024 (with exceptions for some mom and pop landlords who own no more than four rentals).
- Detailed Records Protect You: Maintain thorough documentation of the property’s condition at move-in and move-out, and any improvements/repairs made to the unit during the tenancy. This includes move-in photos and a detailed walk-through checklist signed by both parties.
- Pre-Move-Out Inspections Must Be offered: When a tenant provides notice of intent to vacate, or when the landlord issues a notice to vacate, the owner must inform tenants of their right to an initial inspection. If the tenant asks for an inspection it must happen within two weeks before the intended move-out, the tenant has the right to be there during the inspection, and the owner must identify all damages the landlord intends to deduct from the deposit by way of an itemized statement.
- Detailed Deposit Returns are Mandatory: Within 21 days of move-out, the landlord must return the security deposit (minus allowable deductions) along with an itemized list of any withheld amounts exceeding $125. Include receipts or good faith estimates for repairs completed/needed. This detailed accounting within 21 days of move-out is mandatory even if no deposit is being returned.
- Allowable deductions: Past-due rent; the cost of repairing damages caused by tenants (not including ordinary wear and tear); and the cost of cleaning the property.
- Penalties for failure to comply: If the landlord fails to strictly comply with CCC §1950.5, the landlord could be liable to the tenant for two times the security deposit, and up to three times the security deposit if the court finds the landlord acted in bad faith.
- Local Ordinances May Apply: Landlords in San Diego should check with their local municipality for any additional regulations concerning security deposits.
- Military Tenant Protections Exist: Be aware of specific protections afforded to service members, such as potentially lower deposit requirements and additional eviction protections.
- Legal Representation is Available: For complex situations or potential disputes, consulting a landlord attorney in Orange County is highly recommended.
Following these best practices and seeking legal advice when necessary will help San Diego landlords avoid costly security deposit disputes and ensure a smooth and legal rental process.
As a landlord in San Diego County, you may be concerned about your rights and responsibilities in the aftermath of a flood. This blog post will provide you with an overview of the eviction moratorium and the rights tenants have to habitable housing.
Eviction Moratorium
The eviction moratorium is a temporary order that prohibits landlords from evicting certain tenants who have been “directly or indirectly” impacted by flooding. This means that even if a tenant is behind on rent or has violated other lease terms, the landlord cannot evict them during the moratorium period. The current moratorium in San Diego County is in effect for 60 days from the date of the flood, which was January 22, 2024.
Here are some additional details about the eviction moratorium:
- It applies to tenants where the landlord or owner should reasonably know the tenant has been “indirectly or directly” impacted by flooding.
- Landlords can still evict tenants for cause, such as criminal activity or damage to the property, if such activity results in an immediate and serious threat to a person’s health or safety.
- Landlords CANNOT evict a tenant for a tenant’s “acts or omissions” in response to the flood, including but not limited to “acts or omissions” regarding leaving the residence for flood repair.
- There is absolutely no requirement for Tenants to provide documentation to their landlord to show that they have been impacted by flooding.
- The County Board designated eleven “affected areas” by zip code: 92113 (San Diego), 91977 (Spring Valley), 91950 (National City), 92114 (San Diego), 92102 (San Diego), 92115 (San Diego), 91945 (Lemon Grove), 92118 (Coronado), 92104 (San Diego), 92105 (San Diego), and 92111 (San Diego).
- The moratorium is NOT limited to only the “affected areas” as it includes tenants who have been “indirectly” impacted by flooding.
Tenants’ Rights to Habitable Housing
Even during the eviction moratorium, tenants still have the right to live in a habitable dwelling. This means that the unit must be free from defects that could harm their health or safety, such as leaks, mold, or electrical problems. If a unit is deemed uninhabitable due to flooding, the landlord must take immediate action to remediate, and cannot charge rent until the unit is fully restored.
Here are some additional details about tenants’ rights to habitable housing:
- Tenants have the right to demand repairs from their landlord in writing.
- If the landlord does not make repairs, the tenant may be able to withhold rent or hire a repair person and deduct the cost from their rent.
- In some cases, tenants may be able to break their lease if the unit is uninhabitable.
It is important to note that this is just a general overview of the eviction moratorium and tenants’ rights to habitable housing. The specific rights and responsibilities of landlords and tenants may vary depending on the circumstances. If you have any questions about your rights or responsibilities, you should consult with an attorney.
Other Important Considerations:
- You may be able to apply for FEMA assistance to help cover the cost of repairs to your property.
- You should document all damage to the property and keep copies of all receipts for repairs.
- You should consult with an attorney to discuss your specific rights and responsibilities.
