New Laws For Landlords In 2001

By Verna L. Porter, Esq.

Every year the legislature passes new laws.  Some specifically affect landlords and others may be of interest.  This article will first present the new laws and amendments directly affecting landlords.  Then it will highlight other new laws which may interest owners.

Notification To Tenants Regarding Pest Control

Currently a licensed pest control company which has a contract to provide periodic services must give written warning notice to the owner, owner's agent, and tenants when pest control work is to be done.  Previously, it was only necessary to provide notice at the time of first treatment.

New law requires that the landlord of a residential unit must give each new tenant a copy of the warning from the pest control company if there is a contract for periodic service.  The pest control company must now provide information as to the frequency of treatments.

Notice Of Rent Increase

In most local jurisdictions in California, there is no rent control.  State law provides that owners may give 30-day notices of change of terms of tenancy to increase rent.  (In some cases, the landlord and tenant may have a prior written agreement allowing notice of change of terms to be fewer than 30 days but no fewer than seven).

Most jurisdictions do not have regulated rents.  Where the amount of increase is not limited, it is possible for a landlord to increase the rent by more than 10% in one year.

New law requires that if a landlord intends to give notice of rent increase that would impose a total combined increase of more than 10% in one year, an additional a 30 days is required beyond the normal notice period.  In most agreements, 30-day notice is the norm. 

For example, if the landlord desired to increase the rent by a total of 15% over a one-year period, a 60-day notice would be required.  In the rare instance where a local ordinance or rule permits rent increases in excess of 10% in any one annual period, if the local law provides that a longer period of time is needed for a notice of increase, the longer period would be the effective period.

The required method of service of notice of change of terms has been relaxed by the same statute.  Prior to January 1, 2001, the required method for a notice of increase was the same method as required for service of a notice to pay or quit.  Such a notice may be served by personal service, by substituted service by handing a copy of the notice to a "person of suitable age" at the premises and mailing a copy or, if either of the first methods of service is not possible, then by posting a copy on the premises and mailing a copy.

New law permits service by mail as of January 1, 2001.  If mailed, the period of notice is increased by five days.

There seems to be an inconsistency in the timing set forth in the amended statute.  The amendment requires that a notice of rent increase be served at least 30 days prior to the effective date.  In the same statute, the old provision permitting the parties to agree to a lesser notice time for change of terms of tenancy remains.  The ambiguity lies in the conflict between allowing the parties to make an agreement to give fewer then 30-days' notice for a change, but seemingly newly requiring a 30-day notice for a rent increase.

It is unclear whether the legislature intended that if a change of terms is for a change other than a rent increase, the parties could still abide by their agreement for a lesser period, or simply overlooked the fact that there was a conflict and did not mean to eliminate the possibility that a notice of rent increase might be served fewer than 30 days prior to the effective date.

Trespass By Registered Process Servers

Prior law permitted a registered process server to enter onto property to serve process without being guilty of trespass.  If the premises were guarded by a security person, the guard was required to give access to the server for the purpose of effecting service.  A new amendment provides that the server may drive onto the property for the sole purpose of service, must immediately attempt service and immediately leave.  If the owner, the owner's agent or a person "in lawful possession" requests that the process server leave, he must leave immediately.  Failure to comply with the request is a crime.

Examination of this provision shows that the statute is self-defeating.  If the process server is attempting to serve an unlawful detainer summons and complaint, and the tenant, i.e., the "person in lawful possession," requests that the process server exit the property, then the power given by the statute is illusory It is nullified upon the tenant's request that the process server leave.

Acceptance Of Credit Cards By Trial Courts

Until now, courts were not authorized to accept payment by credit card.  New law allows that trial courts may apply to the State Judicial Council for permission to accept credit card payment and may, with approval, impose a charge.

The judicial council is authorized to approve the request if the court shows either that it will impose a fee for use of the card, shows that the cost of accepting the credit card is not greater than the cost of processing any other type of payment, or that the court can absorb the cost of processing.  The court also must show that it has obtained a credit card acceptance contract competitive with contracts available from other contractors.  Any proposed fee for use of a credit card must not exceed the actual cost and also may not result in an undue hardship on the credit cared user.

Increase In Sheriff Fees

The 2000 fee for the sheriff to execute a lockout on a writ of possession following an unlawful detainer judgment is $75.  The fee is scheduled to increase to $85.  The fee to serve an unlawful detainer action will increase to $30 per person and $30 for service of a pre-judgment claim of right to possession on unnamed occupants.

The fee to serve other lawsuits will be $28 per person.  Service of an earnings withholding order to attach wages will be $25.  The fee to reinstate a writ already in possession of the sheriff will be $28.

In the case of an unlawful detainer, if the sheriff posted the writ and designated the date by which the tenant must vacate, and if the landlord cancels the eviction but requests reinstatement before the sheriff has returned the writ to the court, the fee for reinstatement of the eviction is $28.

Although the advance legislative notice of new laws lists the new fees, the local office of the sheriff was not informed of the increases at the time of this writing.

Registration Of Unlawful Detainer Assistants And Paralegals

Current law permits unlawful detainer assistants to receive certification and, if properly certified, assist litigants in preparation of unlawful detainer documents.  A new amendment changes the counties in which the person must register and also changes the bonding requirements.

The requirements to serve the public as a paralegal have been tightened.  A paralegal will have to show that he is actually working under the direction of an attorney.  The nature and job description of a paralegal is more clearly defined than previously.  A similar requirement provides that persons who hold themselves out as notaries who provide immigration consulting services must comply with new rigid standards.  Failure to do so can result in significant fines.

Threats To Government Officials Or Employees

A threat to a government official or government employee of serious bodily harm or death is now designated as a specific crime.  If a law enforcement agency has knowledge of such a threat, the information must immediately be reported to the California Highway Patrol.

Prepaid Rental Listing Services

Regulation and licensing of prepaid rental listing services are done by the Real Estate Commissioner.  There are changes in the law which include allowing a contract between the registered rental service and a prospective tenant to be signed electronically. 

The amount of the bond required from the providing rental listing company is increased.  The maximum fee which may be charged by a licensee to a prospective tenant is increased from $25 to $50.  If the licensee receives proper documentation from the prospective tenant stating that he did not obtain a rental through the services of the licensee, then within 10 days of receiving the documentation, the company must refund the charges to the prospective tenant.

Animal Shelters

Currently, a pound or animal shelter is required to hold an impounded animal for from 2-30 days depending upon circumstances.  New law provides that effective July 1, 2001, the time is shortened.  In some instances, the animals may become immediately available for adoption.

Miscellaneous Other New Laws

Jury fees are being increased to $15 per day per juror with provision of payment of $.15 per mile one way for each juror.

License plates for special groups are newly approved for Girl Scouts, for fighting breast cancer and for Rotary International.

New laws impose stricter standards for determining the existence and penalties for abuse of the elderly .

New laws improve the confidentiality standards for name change for a person who can show that he or she is a victim of a stalking or other crime, the nature of which requires a confidential name change to protect the victim.

Parking meter accuracy will be more strictly regulated than previously.

Conclusion

New and amended laws for 2001 reflect changing times.  Consumer protection in more stringent requirements for professionals serving the public  is an example as is tightening of laws against elderly abuse and protection of victims of crimes.

New timing for notices to increase rent will make tenants more comfortable, but also will benefit owners by relaxation of the rules governing method of service.  Acceptance of advancements in technology is shown in sanctioning of electronic signatures.

Porter is a sole practitioner who has specialized in representing landlords since 1978.  Her offices are located at 2500 Wilshire Boulevard, Suite 1226, Los Angeles, CA 90057.  She can be reached at 213-385-1568.