California landlords be aware, anyone that is an owner of real property, that is leased or rented to another person or entity.
Presently, if you rent or lease a property to a tenant, you can ask for upfront one month rent and one month security deposit if unfurnished and one month rent and 2 month security deposit for furnished.
This bill, AB12, wants to change that. So that, you can only ask for the one-month rent in advance.
California landlords be aware, anyone that is an owner of real property, that is leased or rented to another person or entity.
Presently, if you rent or lease a property to a tenant, you can ask for upfront one month rent and one month security deposit if unfurnished and one month rent and 2 months security deposit for furnished.
This bill, AB12 wants to change that. So that, you can only ask for the one-month rent in advance.
Why do I believe AB12 for landlords is bad?
Asking for one month’s rent in advance can be bad for the landlord because it does not provide them with enough security.
If a tenant defaults on their rent, the landlord has no recourse to cover any missed payments. Furthermore, if a tenant moves out or is evicted, the landlord will only be able to reclaim one month’s worth of rent.
What can a landlord do if the tenant stops paying rent?
A landlord can evict the tenant and file a lawsuit for unpaid rent, damages, and legal fees.
The landlord can also take steps to collect past due rent, such as sending demand notices, filing a lien on the tenant’s property, or garnishing the tenant’s wages.
What is the process to evict a tenant in California?
Serve the tenant with proper written notice: Depending on the reason for the eviction, the landlord must provide the tenant with a valid written notice.
The notice must be properly addressed and dated, and must include the reason for the eviction as well as the amount of time the tenant has to fix the issue or vacate the premises.
File an unlawful detainer complaint: If the tenant does not make changes to address the notice or move out within the specified timeframe, a landlord can file an unlawful detainer complaint with the court. The landlord will then be required to serve the tenant with a copy of the complaint
Go to court: The tenant has five days after being served with the complaint to file an answer with the court. If the tenant answers, the court will schedule a hearing date. Both the tenant and landlord will present their cases in court.
Receive judgment: After the hearing, the court will issue a judgment for possession. If the judgment is in favor of the landlord, the tenant must move out of the rental unit. The court may also order the tenant to pay back rent.
Execute the writ of possession: If the tenant does not move out voluntarily, the landlord can request a writ of possession from the court. This allows law enforcement to enforce the court’s orders and remove the tenant from the rental unit.
Explaining the 3-day notice, the 30 notice and the court’s time if you have to go to court
The 3-Day Notice is a letter from the landlord to the tenant to either pay rent or vacate the premises within three days.
It’s required before the landlord can begin the eviction process.
The 30-Day Notice is a notice of the intent to terminate tenancy in 30 days or fewer.
This notice can be used by a landlord to advise a tenant that their lease has ended, and they must leave the rental property.
If a landlord in California has to go to court because of an Unlawful Detainer action, the time frame is at lease 1-2 months.
The first step would be to file the Unlawful Detainer action with the court.
The tenant must then be served with a Summons and Complaint.
After the tenant is served, they have five days to respond to the complaint.
If the tenant does not respond within the time frame, the landlord can apply for a Default Judgment.
If the tenant does respond, then a hearing will be scheduled and the case will proceed to trial.
Yes, California is hard on landlords and the variety of laws and regulations generally favor the tenants.
If you are looking to buy property to rent, it can be a great investment.
Call or text 909-226-3551 to set an appointment or to ask a real estate question
Having a good tenant can help build equity in the property for you.
I am Steve Olmos and this is my understanding of the eviction process and the propose bill AB12
As always, check with your attorney.
Steve Olmos, Selling real estate in Southern California since 1980
Leave a Reply