Answer Block: As a landlord in Long Beach, you must adhere to both state and local laws. This guide outlines essential rules for notices, lease clauses, security deposit management, and more to ensure compliance and protect your rights.
Permitting, Zoning, or Statutory Basis
Long Beach’s municipal ordinances supplement California state laws. For instance, the city’s Nuisance Ordinance (General Ordinances of Long Beach, Cal. § 9.37.090) defines what constitutes a nuisance and sets specific requirements for addressing such issues.
Lease Clauses, Notice Periods, and Timing Requirements
Nonpayment Notices
Under California Civil Procedure Code § 1161(2), landlords must provide a 3-day notice for nonpayment before filing an unlawful detainer. However, in Long Beach, the city’s Nuisance Ordinance may require additional steps or a longer notice period. Always check local ordinances for specific requirements.
Eviction Notices
Long Beach’s Nuisance Ordinance may require a notice period longer than the standard 3 days if it involves repeated or severe nuisances. Always review local ordinances to ensure compliance.
Move-Out Notices
For month-to-month tenants, landlords must provide a minimum notice period of 30 days if the tenant has resided under 1 year. If the tenant has resided for more than a year, notice must be 60 days. Section 8 voucher tenants require a 90-day notice.
Rent Increase Notices
Under California Civil Code § 1947.12, landlords must provide at least 30 days notice for rent increases of 10% or less. For increases greater than 10%, the notice period is 90 days.
Defensible Record-Keeping & Compliance Checklist
Security Deposit Management
- Collection: Ensure that security deposits do not exceed one month’s rent.
- Refund: Refund the full deposit within 21 days of tenant surrender, providing an itemized statement.
- Deductions: Only deduct for repairs and cleaning that exceed $125, attaching receipts and invoices.
- Inspection: Notify tenants of their right to a pre-move-out inspection within 14 days and provide an itemized statement immediately after the inspection.
Lease Agreements
- Include statutory disclosures such as AB 1482 rent cap, bedbug information, and Megan’s Law.
- Ensure that lease agreements are signed by both landlord and tenant.
Notice Requirements
- Provide nonpayment notices within 3 days.
- For eviction, ensure that the notice period is compliant with both state and local laws.
- Provide move-out notices in accordance with the tenant’s tenure duration.
Record Keeping
- Maintain detailed records of all transactions, including rent payments, security deposits, and deductions.
- Keep copies of all notices sent to tenants.
Compliance
- Regularly review and update lease agreements to ensure they comply with both state and local laws.
- Stay informed about any changes in state or local regulations that may affect your operations.
By following these guidelines, you can ensure that your property management practices are compliant with both state and local laws in Long Beach.