Question: The lease for one of my tenants expires at the end of this month. He told me to take the month’s rent out of his security deposit because he would leave the apartment clean and in good repair. He told me since it is his deposit, he has the right to deduct rent out of the deposit. What should I do? Answer: California law requires the owner or manager to account for the use of the deposit no later than 21 days from the date the tenant vacated the unit. Since the tenant has failed to pay rent, a… Read More
Although President Trump announced that the partial U.S. government shutdown would temporarily end, its impact is still being felt by both renters and landlords. Trump’s announcement Friday came on the 35th day of the government closure, which has left 800,000 federal employees without a paycheck, and many having a difficult time paying rent. The president said the government would reopen for three weeks while negotiations for border security continue. “I will make sure that all employees receive their back pay very quickly or as soon as possible,” he said, as reported by the New York Times. “It will happen fast.”… Read More
Tagged: Section 8
After hearing from CAA, the El Cerrito City Council this month postponed a scheduled vote on several rental housing-related proposals, including “just cause” eviction policies. In addition to just cause, the council’s agenda on Jan. 15 included an onerous change to the city’s relocation assistance policy, minimum-lease requirements and termination-of-tenancy requirements. The decision to postpone voting on these policies came after the council received staff presentations and heard the testimony of concerned stakeholders, including the California Apartment Association.
In a well-intentioned but unnecessary step, the San Jose City Council on Thursday passed an emergency ordinance to protect furloughed federal workers from eviction. Under the legislation, approved by the council on an 8-0 vote, landlords may not evict federal employees and contractors for nonpayment of rent if those tenants have gone without pay due to the budget stalemate in Washington, D.C., which dragged on for more than a month. Although President Trump on Friday announced that the government would reopen for three weeks, San Jose’s emergency ordinance on evicting furloughed federal workers remains in effect. The ordinance was worded… Read More
As the partial U.S. government shutdown lingers, the impact on both renters and landlords continues to grow. At this point, eight-hundred-thousand federal employees have gone several weeks without a paycheck, and many will have an increasingly difficult time paying rent. “Like Americans in the private sector, many federal employees rely on each and every paycheck to cover critical expenses, including housing,” Zillow senior economist Aaron Terrazas says in this news release. While pay for federal employees is already frozen, dollars for Section 8 housing choice vouchers could dry up by March should the stalemate continue. Under these scenarios — and… Read More
Question: I have a tenant who is on a long-term lease. Recently, however, the tenant brought in a roommate and has been out of town for over 30 days. I am concerned that the roommate intends on staying and that my original tenant may have moved out for good. What are my legal options? Answer: If you have a clause in your lease which prohibits the assignment or sublet of your lease agreement, you do not have to consent to the roommate. You could ask the roommate to fill out an application to rent and thereby identify who the roommate… Read More
California’s new governor is taking a multi-pronged approach to the state’s housing crisis that would remove barriers to construction, add financial incentives for cities and counties to build, and bring heftier penalties to those that don’t build their fair share. In total, Gov. Gavin Newsom’s proposed budget includes $7.7 billion across multiple departments and programs to address housing and homelessness issues across the state.
It’s against federal law to hold a Section 8 voucher-holder accountable for a local housing authority’s failure to pay the rent. This means that a property owner cannot require a Section 8 tenant to pay the housing authority’s portion of the rent or evict a tenant because the housing authority’s payments are delayed. The California Apartment Association wants to ensure that its members understand this regulation, as the partial federal government shutdown has dragged into its fourth week. At present, the U.S. Department of Housing and Urban Development has enough money for Section 8 payments in February, but the same… Read More
As the recovery from California’s wildfires, and related protections against rent gouging continue, CAA would like to remind its members of its updated compliance paper — Anti-Price Gouging Laws – States of Emergency. CAA has updated this Industry Insight paper to address more frequently asked questions and to address changes to the law under AB 1919 by Assemblyman Jim Wood, D-Healdsburg. Wood’s legislation clarifies existing law that makes it a misdemeanor to raise rents more than 10 percent after a state of emergency is declared. Emergency declarations prompted by wildfires in 2017 and 2018 triggered the state’s anti-price-gouging protections, which… Read More
Owners of rental housing in unincorporated Los Angeles County can now access a digital toolkit for help navigating a temporary rent control ordinance approved late last year. This online resource comes from Los Angeles County’s Department of Consumer and Business Affairs, which is responsible for enforcing the interim ordinance. Visit rent.lacounty.gov to access the toolkit, which contains information for property owners and renters, as well as details about the ordinance and news updates.