Sacramento Landlord Rules That Sit on Top of California Law

Answer Block: As a landlord in Sacramento, you must adhere to both state and local laws. This guide outlines key ordinances that affect your property management, ensuring compliance with California statutes and Sacramento-specific rules.

Permitting, Zoning, or Statutory Basis

Sacramento’s local ordinances often supplement California law, providing specific requirements for landlords. For instance, the city has its own rules regarding eviction, nuisance, and tenant registration. These local laws are designed to protect tenants while ensuring fair treatment for landlords.

Lease Clauses, Notice Periods, and Timing Requirements

Nonpayment of Rent Notices

Under California Civil Procedure Code §1161(2), a nonpayment notice must be given 3 court days after the rent is due, excluding weekends and holidays. The day of service is considered Day 0, and the first counting court day begins on the next business day. If a notice is mailed via nail-and-mail, it extends the cure period by 5 calendar days.

Periodic Tenancy Termination

For tenants under a month-to-month lease, the notice period is 30 calendar days if they have resided under 1 year. For tenants with a tenure of 1 year or more, the notice period is 60 calendar days. If the tenant is a Section 8 Housing Choice Voucher tenant, they must receive a 90-day notice.

Landlord Entry

Landlords must provide at least 24 hours written notice before entering the property for repairs or inspections. Normal business hours are from 8am to 5pm, Monday to Friday, unless the tenant consents otherwise. Emergency entry is allowed without notice in cases of imminent fire, flood, or confirmed abandonment.

Rent Increase Notices

Under California Civil Code §1947.12, landlords must provide at least 30 calendar days notice for rent increases of 10% or less and 90 days notice for increases greater than 10%. The maximum annual rent increase is capped at 5% plus local regional CPI, or 10%, whichever is lower.

Defensible Record-Keeping & Compliance Checklist

Security Deposit Management

1. Capping: Residential security deposits are capped at 1 month rent regardless of whether the property is furnished or unfurnished.
2. Refund: Landlords must refund remaining security deposit and provide an itemized accounting within 21 calendar days of tenant surrender.
3. Deductions: Any deductions must be supported by receipts and invoices totaling no more than $125.
4. Pre-Inspection: Landlords must notify tenants of their right to a pre-move-out inspection within 14 calendar days after notice and provide at least 48 hours written notice of the inspection date.

Lease Agreements

1. Disclosures: All residential leases must include statutory disclosures regarding AB 1482 rent caps, bedbug information, and Megan’s Law.
2. Screening Fees: Screening fees are capped at the actual out-of-pocket cost or the annual statutory CPI ceiling.
3. Adverse Action Notices: Landlords must provide written adverse action notices when denying or conditioning a lease based on consumer reports.

Maintenance and Repairs

1. Notice: Landlords must provide at least 24 hours written notice before entering the property for repairs or inspections.
2. Entry Times: Normal entry times are from 8am to 5pm, Monday to Friday. Emergency entry is allowed without notice in specific circumstances.

Rent Increases

1. Timing: Landlords must provide at least 30 calendar days notice for rent increases of 10% or less and 90 days notice for increases greater than 10%.
2. Cumulative Cap: Landlords cannot increase rent more than twice within any 12-month period subject to a cumulative annual cap.

By following these guidelines and maintaining thorough records, landlords in Sacramento can ensure compliance with both state and local laws, reducing the risk of legal disputes and maintaining a positive tenant relationship.