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DID YOU KNOW By-Dennis Block

Posted on 01. Sep, 2020 by in all

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Access to the Premises

Although Civil Code 1954 allows a landlord to access a unit for specified reasons, that access can be properly denied by a tenant during this pandemic. While a landlord can always enter the unit during an emergency, this is not the case for other reasons. For example, the tenant would be justified in refusing access for the purpose of showing the unit to a prospective purchaser. Clearly, the tenant could voice safety concerns in having strangers enter the unit and would be justified in denying access. 

Section 8 Units Exempt from Statewide Rent Control (AB 1482)

Section 8 units are exempt from Statewide Rent Control. Many landlords believe that they are free to raise rents on those units to market level. That, unfortunately, is not the case. Section 8 units can only be raised with approval from Section 8. You would need to contact your Section 8 advisor to request a rent increase. You are only permitted to initiate a rent increase if it is granted by Section 8. 

Eviction Cases Not Prevented From Moving Forward If:

The California Judicial Council issued Emergency Rules on April 6, 2020. These rules prohibit the courts from issuing a summons in an unlawful detainer action or proceeding with a default. This has the effect of stalling all evictions in the State of California, regardless of the reason for the eviction. There is one exception. If the eviction relates to health and safety issues, then the eviction can proceed. It requires that a special exparte (emergency) motion be filed with the court in order for a summons to be issued. This motion must include supporting declaration to establish the eviction is based on health and safety issues. Once granted the eviction case can proceed.  

Required Disclosure Forms 

If your property is either subject to Statewide Rent Control (AB 1482), or is not subject any local rent control, specific disclosures forms must be given to your existing tenants. In addition, these disclosure forms must be part of every lease agreement for new tenancies or renewal of existing tenancies. These forms are available free of charge from the Apartment Owners Association.  

90 Day Rent Increase

Civil Code 827, as amended on January 1, 2020, requires a 90 day notice to increase rent in excess of 10 %. Previously, only a 60 day notice was required.

10 Years to Repay Rent 

California is considering a bill that would allow a tenant pay back unpaid rent over 10 years.  If the tenant failed to pay rent due to the pandemic, this bill would allow an interest-free loan. The landlord would be granted state tax credits, equal to the amount of the deferred rent. These tax credits would commence in the year 2024 and extend through 2033. Clearly, this is a horrible bill which clearly adds additional financial burdens on the landlord.

AB 1482 Rent Increase

If your property is subject to AB 1482, you are permitted to increase your rent 5% plus the increase in the Consumer Price Index (CPI). AB 1482 refers to the Western Region, which includes all of California. For the current year, the increase is 6.3%, which is 5% plus the CPI increase of 1.3%.Dennis Block, of Dennis P. Block & Associates can be reached for information on landlord/tenant law or evictions at any of the following offices:  Los Angeles: 323.938.2868, Encino: 818.986.3147, Inglewood: 310.673.2996, Long Beach:  310.434.5000, Ventura: 805.653.7264, Pasadena: 626.798.1014, Orange: 714.634.8232, San Diego: 619.481.5423 or by visiting www.evict123.com. Now, you can also read Dennis Block on Twitter, www.twitter.com/dennisblock or text him at (818) 570-1557.  “Landlord Tenant Radio Weekly Podcasts can be heard at any time at www.EVICT123.com or download the app “EVICT123”.

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