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As a landlord in Fresno, California, you must adhere to both state and local laws. This guide outlines key ordinances that override or add to California statutes, ensuring your property management practices are legally sound and compliant.
Permitting, Zoning, or Statutory Basis
Fresno’s local ordinances supplement California law by providing specific requirements and protections. For instance, Fresno’s municipal code includes provisions that regulate unlawful nuisances, which are defined in detail within the city’s Municipal Code (Section 10-708). This section outlines what constitutes a public nuisance and the process for determining such nuisances, which can be enforced by the Fresno Police Department.
Lease Clauses, Notice Periods, and Timing Requirements
Nonpayment Notices
Under California law, a 3-day notice is required for nonpayment of rent. However, Fresno’s local ordinances may extend this period. For example, if a tenant fails to pay rent within the 3-day notice period, landlords must then file an unlawful detainer action. This ensures that tenants have ample time to rectify the situation before facing eviction proceedings.
Notice of Entry
Landlords must provide at least 24 hours written notice before entering the property for repairs or inspections. This requirement is mandated by California law (Section 1954(d)(1)), but Fresno’s local ordinances may specify that this notice must be served via postal mail, requiring a minimum of 6 calendar days advance mailing. This ensures that tenants are properly notified and have time to prepare for the entry.
Eviction Process
The eviction process in Fresno is governed by both state and local laws. Under California law, an unlawful detainer action must be filed within 30 days of the expiration of a cure period. However, Fresno’s local ordinances may provide additional protections for tenants by requiring landlords to first attempt mediation or arbitration before filing an eviction lawsuit. This helps to resolve disputes amicably and reduces the likelihood of costly legal proceedings.
Defensible Record-Keeping & Compliance Checklist
Security Deposit Management
To ensure compliance with California and Fresno’s local security deposit laws, landlords must maintain detailed records of all deposits, deductions, and returns. This includes:
- Initial Deposit: Record the date and amount of the initial security deposit.
- Deductions: Document all deductions made for repairs, cleaning, or materials exceeding $125.
- Final Statement: Provide a detailed statement within 21 calendar days of tenant surrender, including any remaining balance and itemized accounting.
- Good Faith Estimate: If repairs cannot be completed in 21 days, send a good-faith estimate and final receipts within 14 days.
Lease Agreements
Ensure that all lease agreements comply with California law and include necessary disclosures:
- AB 1482 Exemption: Include the statutory AB 1482 exemption disclosure notice in all residential leases.
- Bedbug Information: Provide tenants with a statutory bedbug information sheet upon move-in.
- Megan’s Law Notice: Include the specified Megan’s Law statutory advisory text in all residential lease agreements.
- Proposition 65 Warning: If the property contains known chemical carcinogens or toxins, provide a clear and reasonable warning addendum.
Screening Practices
Adhere to California’s tenant screening laws:
- Consumer Reports: Provide written adverse action notices when applications are denied or conditioned based on consumer reports.
- Screening Fee: Capping screening fees at the actual out-of-pocket cost or annual statutory CPI ceiling (~$62.02 in 2024-2026).
- Itemized Receipt: Provide an itemized receipt of screening costs and refund unused fees if the screening is not performed.
Rent Increases
Comply with California’s rent increase laws:
- Annual Cap: Annual rent increases are capped at 5% plus local regional CPI, or 10% maximum (whichever is lower).
- Frequency Limit: Landlords cannot increase rent more than 2 times within any 12-month period subject to cumulative annual cap.
By following these guidelines and maintaining detailed records, landlords can ensure their property management practices are legally sound and compliant with both state and local laws in Fresno, California.