It’s easier than ever to make a legal mistake in California when you’re renting out a home. 法律还在不断变化, and California has a reputation for being one of the most resident-friendly states in the country.
保护您的投资 通过自学法律. Here are five of the most important laws you’ll need to know as a landlord.
1. 公平住房法-联邦和州
加州公平住房法比联邦法律更严格. While the federal Fair Housing Act sets up seven protected classes, the state laws go further. 联邦法律规定任何参与租房的人, selling, 或者为房屋融资不能根据一个人的情况来决定:
Race
Color
国家的起源
Sex
Disability
家族的地位
Religion
That provided a starting point for California’s state fair housing laws. 在加州, all those federal classes are protected and the state also makes it illegal to discriminate based on:
Gender
性别认同
性取向
婚姻状况
收入来源
移民身份
Ancestry
遗传信息
Age
医疗条件
大多数房东认为他们不会歧视, but you’d be surprised at how easy it is to treat one application differently than another unintentionally. 当你推销你的家, 与住院医生合作, 检查应用程序, 执行你的租赁协议, 确保你始终如一. Always follow well-documented processes that are objective, fair, and consistent.
2. 加州的租金管制法
Statewide rent control laws were passed in 2019, and went into effect in 2020.
You’ll first need to understand whether your rental property is impacted by the rent control laws or whether it’s exempt. Generally speaking, single-family rental homes and condominiums are exempt. Units in 多户住宅 must follow rent control laws unless they are less than 15 years old.
The Resident Protection Act of 2019 included a number of provisions, 但它最出名的是它的租金控制法. 根据这个法则, you cannot raise your rent more than five percent plus whatever the cost of living increase is. 这是根据消费者价格指数(CPI)确定的。. 不管CPI涨幅是多少, 房租的涨幅不能超过10%, 而且你在12个月内只能涨一次房租.
如果你的房产不受租金管制法的约束, you must state that in your lease agreements so residents know that their rent might be raised more than what the law limits for those properties that are subject to this law.
3. 圣地亚哥房东的正当理由驱逐法
Another law that’s embedded in The Resident Protection act of 2019 pertains to just cause evictions.
什么是正当理由驱逐?
Previously, landlords could refuse to renew a lease agreement with a resident for any reason at all. When it was time for the lease to renew, you could simply choose not to do it. You could ask a resident to leave when the lease ended for no reason at all.
现在情况已经不同了. Now, you cannot evict a resident unless you have a good reason, or a just cause.
Just cause evictions are most often defined as evictions due to:
未缴付租金.
未解决的租赁违规行为.
有犯罪活动.
对出租房屋的损坏.
滋扰他人.
拒绝续签或延长租约.
拒绝让房东进屋 保养或修理.
非法分租物业.
收入来源.
To effectively and lawfully evict a resident, there are specific processes that need to be followed. You must provide a required amount of notice, depending on the reason for eviction. 你必须收集所有的证明文件, and you may be required to attend mediation before a court hearing is scheduled.
California does not make it easy to evict residents, even when it’s a just cause eviction. Make sure you have legal support before you try to evict, or work with a 圣地亚哥物业经理.
如果需要的话，你可以驱逐居民 进行重大改造 或者为了让房子适合居住而对房子进行维修. However, you do need to offer the property to the resident again once that work is complete. You are also permitted to evict a resident when you or an immediate family member wants to move into that property. 你可能得付搬迁费, however, since the resident is being evicted through no fault of their own. 这通常相当于一个月的房租.
4. 加州保证金要求
Make sure you know the security deposit laws before you begin renting out a home in San Diego. Most of the disputes between residents and landlords occur over some misunderstanding about the security deposit. You can avoid this by knowing exactly what your responsibilities are and what you can expect from your resident.
你能收集的东西是有限的. 一个没有家具的房子, 你可能会把哪个租出去, you can collect no more than the equivalent of one month’s rent for a security deposit. If your rent is $3,000 per month, your security deposit cannot be more than $6,000 per month.
你应该把带家具的房子租出去吗, the limit for a security deposit rises to three times the monthly rent.
在租期结束时, you’ll have to decide whether the resident is getting all of the deposit back, 退还了一些押金, 或者一分钱都不退. This will depend on the condition of the property and whether any damage was left behind. 如果你从保证金中扣钱的话, you need to provide an itemized accounting of what you pet and what that money paid for.
5. 第八部分住院医师和筛选
Another legal requirement in California affects Section 8 Residents. You cannot disallow Section 8 Residents from applying for your property. Their housing vouchers or benefits can be used as a source of income while they’re applying for your property. In the past, a San Diego landlord could prohibit Section 8 Residents from renting their home. As long as they meet your standard rental criteria and their housing benefits cover the rent, 你不能因为第8部分而拒绝他们. 他们的住房补贴可以作为收入.
These are the five most important laws all California landlords need to know before renting out a property. The legal landscape in this state has become far more complex over the last two years, and if you have any questions about how to avoid an expensive legal mistake, we invite you to contact us at PURE物业十大赌博信誉网站 San Diego Office.
