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You know the phrase happy wife, happy life? Well, we couldn’t think of something snappy like that, but the same concept rings true for landlords and tenants. Keep your tenants happy and your experience as a landlord will be much easier and enjoyable. The long and short of it is, tenant goodwill enhances property management.
This podcast episode is all about concepts and things you can do to enhance your tenants experience while living in your rental property.
We discuss communication, maintenance, gifts, upgrades, offering amenities, and technology.
You’d be amazed at what implementing tenant goodwill and just a few of these concepts can do to boost the landlord-tenant relationship and contribute to successful property management!
LINKS:
👉 Heatwave email: This is the email we send to our tenants at the beginning of the summer to supply them with tips on handling hot weather and heat waves.
👉 Hemlane a software that is built to grow with your needs as a landlord.
For a minimal amount, there’s a really good basic package but what we love is the option to upgrade and add 24/7 maintenance management on.
It gets better! If you reach a place where you are ready to hand off management to a property manager, Hemlane has that too under their “Complete” option.
👉 TurboTenant: A great option for landlords. Perfect for those with just a few doors or for those who may be new to using rental property software.
👉 DoorLoop has easy rent collection, top tier organization and support, and scalable portfolio growth.
👉Help other DIY landlords discover what we have to say… Please leave us a review of our podcast!
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Provided by The Fair Housing Institute
As a property management professional, it’s vital to strike a balance between maintaining a safe, orderly community and ensuring compliance with fair housing laws, especially concerning rules that might impact children. This article provides valuable insights into navigating these complex issues.
Supervision Rules and Technology Access
When formulating supervision rules for facilities like pools or gyms, consider factors beyond just age, such as maturity and skill level. For instance, pool rules might be based on swimming proficiency rather than a strict age cutoff. Similarly, access to areas like the Business Center should reflect today’s tech-savvy youth. Rather than imposing an age limit, focus on responsible behavior and proper usage. These considerations ensure that rules are not only fair and inclusive but also adapt to the evolving digital landscape and diverse capabilities of younger residents.
Safety Versus Discrimination in Common Spaces
Distinguishing between safety measures and potential discrimination is crucial in rule-making. While banning activities like skateboarding for safety is generally acceptable, such policies should apply to all residents to avoid age-based discrimination. Additionally, rules restricting children from playing outside within complex gates warrant reconsideration. A more balanced approach might involve designated play areas that allow children to enjoy common spaces without causing disturbances. This strategy not only addresses safety concerns but also respects the rights of children to use shared facilities.
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Equal Access and Neutral Enforcement
When it comes to public areas of your property, it is important to ensure that equal access is granted with fair enforcement to avoid a fair housing violation. For example, the disparity in pool hours for adults and children could be seen as discriminatory. Instead, consider implementing family swim times or assessing the hours based on safety and usage patterns rather than age. Moreover, the enforcement of quiet hours should be uniformly applied to all residents. A fair and consistent approach in applying these rules is essential to avoid any perception of age-based bias and to maintain a harmonious living environment.
Regular consultation with fair housing attorneys ensures compliance with evolving laws. Additionally, actively seeking feedback from residents, especially families with children, can guide the development of rules that are both practical and respectful of everyone’s needs. This engagement not only helps in tailoring policies that are community-centric but also fosters a sense of belonging among all residents.
Documentation, Transparency, and Regular Reviews
Clearly documenting the reasons behind specific rules, especially those regarding supervision, is vital for transparency and can be crucial in case of legal scrutiny. Furthermore, the societal and legal landscape is constantly changing. Regularly reviewing and updating community rules to reflect these changes is essential in maintaining a legally compliant and inclusive environment.
Additionally, actively seeking feedback from residents, especially families with children, can guide the development of rules that are both practical and respectful of everyone’s needs. This engagement not only helps in tailoring policies that are community-centric but also fosters a sense of belonging among all residents.
In conclusion, this article underscores the necessity of formulating community rules with fairness, safety, and legal compliance in mind. It highlights the importance of adaptable supervision policies, appropriate technology access for youth, and uniform application of safety measures to avoid discrimination. Balancing children’s play rights with communal order, ensuring equitable policy enforcement, and actively engaging with residents are key. Regular training, transparent rule documentation, and staying current with legal developments are essential for maintaining an inclusive, compliant, and harmonious community environment. This approach not only aligns with fair housing laws but also promotes resident satisfaction and overall community well-being.
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By Andrew Hensel
Of the 320 new Illinois laws on the books starting in 2024, several affect landlords throughout the state.
One of the measures taking effect in 2024 is House Bill 1541, which will prevent utility company shutoffs when the weather is warmer than 85 degrees rather than 95.
Senate Bill 1741 is the Security Deposit Return Act, which requires landlords to provide tenants with itemized bills.
Another law going into effect has to do electronic payments, according to Paul Arena with the Illinois Rental Property Owners Association.
“What it says is that a landlord can not require a tenant to pay electronically,” Arena said. “I use electronic payments in my business and encourage my tenants to use it, but the reality is some older tenants are sometimes not tech savvy and don’t feel comfortable conducting business online.”
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One of the measures taking effect on Jan. 1. is House Bill 2562, which requires landlords to keep the temperature of all common areas between 67 and 73 degrees.
“That bill affects the utility companies, so Nicor or ComEd can not shut off someone’s power or gas supply for air conditioning when the temperature is extremely hot,” Arenas told The Center Square, “It’s so you do not have people die of heat stroke in high rise buildings.”
Senate Bill 40 was approved earlier this year, and starting Jan. 1, the law requires single-family homes and newly constructed residential buildings with parking spaces to provide a conduit allowing EV charging if needed.
“It will increase the construction cost but not to the point where we felt it would be a deterrent,” Arena said. “Our concern was mostly around renovation and what activities the tenants were permitted to do.”
The measures go into effect starting Jan. 1.
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By Krista Reuther, TurboTenant
Building a successful property management business means becoming well-versed in various scenarios that non-landlords rarely have to consider. For example, most people assume that tenants always move out once their lease expires – but that’s not always the case.
Enter: the holdover tenant.
What is a Holdover Tenant?
A holdover tenant is a renter who remains in a unit after the expiration of the lease. If you elect to keep accepting rent payments, the holdover tenant can continue to legally occupy your rental property, and federal and state laws will determine the length of that tenant’s new rental term. In some cases, the original lease will convert to month-to-month tenancy.
However, it may not work for you to have the tenant stay. In that case, do not accept any monthly rent payments. Per Investopedia, “if the landlord does not accept further rent payments, the tenant is considered to be trespassing, and if they do not promptly move out, an eviction may be necessary.”
We’ve discussed the eviction process before, but let’s walk through what you would need to do if you suspect holdover tenancy is imminent.
Pro Tip:
Squatters and holdover tenants are easy to confuse, but there are some key differences between the terms. “Squatters” are typically strangers who never had a relationship with the property owner, nor any arrangement to live in the unit.
On the other hand, holdover tenants once had a signed lease with the landlord. While not all holdover tenants become squatters, it is possible – so read on to figure out what you need to do to keep your rental property safe.
Setting Up Eviction Proceedings: A Crash Course
Before the end of the lease, your tenant should have either elected to sign a new rental agreement or provided a notice of termination to end their relationship with you. Most states require either the landlord or the tenant to provide a minimum amount of notice regarding their plans post-contract. If your state doesn’t outline a minimum notice, we recommend touching base with your tenant at least 90 days before your written lease expires.
If the lease agreement ends and you don’t know your tenant’s next move, reach out to them. Are they planning to vacate the property on your established date, or are they interested in renewing their lease?
Let’s say your tenant doesn’t respond to your reach-out attempts or doesn’t have an answer about when they’ll leave; your next step is to serve them with a notice of termination yourself.
Typically, a notice of termination will detail:
- The reason for the termination
- The date that the renter must move
- The consequences if the tenant doesn’t comply by the date listed (usually legal action)
The requirements for this notice vary state by state, so seek out legal advice as needed.
Once you’ve provided written notice to terminate your rental agreement, your local landlord–tenant laws will dictate when you can initiate holdover proceedings. Investopedia says a holdover proceeding is “an eviction case that is not based on missed rent payments. This is a process that is usually handled in eviction or small claims courts.”
The notice itself may be enough to prompt your tenant to act. If it isn’t and you experience nonpayment of rent, either reach out to a real estate attorney or contact your local eviction court for more information about setting up a court date. Once you have a court date established, the eviction proceedings can begin. But be warned – it can be a costly experience.
Holdover Tenant Rights
Despite the fact that you may want the tenant out immediately, you can’t take any action to evict them outside of the allowable, legal means outlined in your state and local eviction laws. In other words, a self-help eviction is never the way to go in these situations, as even holdover tenants have rights.
However, you don’t have to simply accept a holdover tenant forever, particularly since they’re no longer bound to a lease agreement. Instead, holdover tenants engage in tenancy at sufferance, which Cornell Law School defines as being created “when a tenant wrongfully holds over past the end of the durational period of the tenancy (for example, a tenant who stays past the expiration of their lease). In this case, the landlord can hold over the tenant to a new tenancy and collect rent for the period the tenant has held over.”
So, while you’ll need to follow your state’s guidelines for evictions if a proper notice doesn’t encourage your holdover tenant to leave, you could potentially collect (or sue to collect) rent for the holdover period.
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How to Avoid Holdover Tenants
Prevention is the name of the game when it comes to avoiding holdover tenants. We’ll detail the steps you should take both before and after the lease is signed.
Before the Lease is Signed
- Clearly detail what will happen when the original lease expires. Landlords usually allow long-term leases to become month-to-month arrangements if a new long-term lease hasn’t been signed before the original contract ends.
- Highlight how much notice your tenant will need to give you if they want to renew their lease and how much notice you’ll expect if they choose not to renew their lease. Many states require renters to give 90-120 days notice before the lease ends, so align your request with your local laws.
- If your local landlord-tenant laws allow it, outline the consequences of not providing notice to renew or terminate their lease.
If you currently have a tenant under a lease that doesn’t provide this information, consider adding a lease addendum to your existing contract.
After the Lease is Signed
- Reach out to your tenants 90, 60, and 30 days before their “decision” date, aka the day by which they either need to tell you they’d like to renew their lease or that they’d like to move out. Remind them that you need to receive their notice by X date, then tell them the best way to share their decision (via email, text, etc.). We recommend getting their notice in writing rather than over the phone or in person, just in case you need the documentation for eviction court.
- Once you know their decision, you either need to set a date to inspect the property for the move-out process or send over an updated lease. If your tenant is on the ball and knows what they’ll do 90 days out from their decision date, simply make yourself a note to follow up two to three weeks before they’re due to move out or start their new lease.
Holdover tenants cause stress and anxiety, but you can set yourself up for smooth sailing by preparing your lease (either before it’s signed or through an addendum) and staying in contact with your tenant as your rental agreement comes to a close. Should you find yourself with a renter who doesn’t want to leave, you can choose to evict them or convert your arrangement to be month to month. Whatever you decide to do, TurboTenant’s all-in-one landlord software can help you feel confident about all your property management decisions.
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The process of vetting a prospective tenant is likely one of the most important tasks a landlord has. But learning the art of analyzing credit reports is a huge component of that process.
Think about it. The person you place to live in your unit needs to have personal and financial characteristics that meet your rental criteria.
For us that means they need to have two positive referrals from previous landlords, a credit score of 725 or above, and net income that is at least 2.5 times the rental amount. But that’s just our qualifiers.
Because income is such an important part of the investigation process for this prospective tenant, we spend a lot of time looking at their credit report.
Sure, it’s likely that if they have our required score they will qualify, but we look deeper into the report to look at debt and if after paying that debt, will they have enough money to still pay rent to us?
In this episode we discuss what we look for when analyzing credit reports. We explain how and why it’s a whole lot more than that one little FICO score.
LINKS
👉 Rent Reporters: According to TransUnion, 70% of tenants are more likely to pay rent on time if their payments are being reported to the credit bureaus.
👉 TenantAlert: They provide the ONLY instant tenant screening service with LeaseGuarantee. The credit screening company with options AND guarantees.
👉 Tenant Alert PDF: Description of all services.
👉 TurboTenant: Is a great option for landlords. Perfect for those with just a few doors or for those who may be new to using rental property software.
For the most part, TurboTenant’s software is free to use so they are perfect for landlords on a tight budget.
👉 FTC Tips for Landlords: Using Consumer Reports, What Landlords Need to Know.
👉Help other DIY landlords discover what we have to say… Please leave us a review of our podcast!
On Apple Podcast or ITunes, please scroll to the bottom of our main page (with our logo) and click “Write a Review”.
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By Pauleen Le
The new laws taking effect in 2024 are some of the largest changes Minnesota has seen in decades. State lawmakers passed more than a dozen changes in the 2023 legislative session.
Among the top changes, landlords will be required to disclose any fees including administrative, cleaning or moving-in fees as part of the ‘total monthly rent’ on the first page of a lease and in advertisements.
Landlords will also required to maintain the minimum temperature in units at 68 degrees from October to the end of April.
They will also have to give tenants a 14-day written notice before they file for an eviction if the tenant didn’t pay their rent on time.
Landlords will also have to give a minimum of 24 hours’ notice before entering the property for things including maintenance, showings to future tenants or deliveries.
Rachael Sterling, a housing attorney and communications coordinator for HOME Line — a local nonprofit organization that helps tenants navigate Minnesota’s laws — said they’ve been championing these changes for years.
She said she’s hopeful the changes will improve the communication between tenants and landlords to provide a better experience overall for everyone.
“When we talk to tenants, that’s one of the biggest issues is when communication stops or it’s poor,” she said. “That’s when problems arise and that’s when people start calling us. A lot of these are just about clarifying communication and making sure that there’s no assumptions that folks know what they’re getting themselves into.”
Sterling said since 2020, phone calls to the nonprofit for help have skyrocketed and are now on track to set a new record surpassing 20,000 calls this year.
She said the majority of calls the last two years have been about concerns related to evictions. Before 2020, most calls were about repair issues.
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Since the laws passed, leaders at the Minnesota Multi-Housing Authority have been working hard to understand and train their members on the changes coming in the new year.
The organization represents 300,000 rental units or nearly half of the entire rental market in Minnesota.
Cecil Smith is the MMHA’s president and CEO. He said several of the changes were already standard practice for many of the owners and landlords a part of the organization long before they became law.
He said the biggest adjustment for landlords will be giving tenants 24-hours’ notice before entry.
“That’s going to cost,” he said. “That’s going to take a lot of time and energy and organization because there’s maintenance requests that come in, there’s deliveries that come in and saying it has to be at least 24 hours requires more energy and scheduling and coordination and that takes time and energy and money.”
Smith adds there’s also concern that the cost to make all the changes could ultimately trickle down to the tenants.
“It’s already added more costs because we’ve done lots and lots of training with our members and they’re doing in-house costs, and obviously that’s taken staff time and resources already to do that and that’s not free,” he said.
Smith notes another major change happening later in the summer of 2024 where landlords will no longer be able to evict a tenant for committing crimes that happened somewhere other than their property…
Smith said MMHA plans to raise their concerns about the law in the upcoming legislative session.
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The Consumer Financial Protection Bureau (CFPB) has issued a new warning to consumer reporting companies to address inaccurate tenant background check reports as well as sloppy credit-filing sharing practices, according to a release.
Background checks often are critical factors when landlords and employers make rental and employment determinations. The information in the reports can cover a person’s credit history, rental history, employment, salary, professional licenses, criminal arrests and convictions, and driving records. However, as documented in earlier CFPB research on tenant screening, background check reports often contain false or misleading information about individuals.
The new warning has two primary ways it seeks to ensure that the consumer reporting system produces accurate and reliable information and does not keep people from accessing their personal data:
- First, an advisory opinion on background check reports highlights that those reports must be complete, accurate, and free of information that is duplicative, outdated, expunged, sealed, or otherwise legally restricted from public access.
- Second, an advisory opinion on file disclosure highlights that people are entitled to receive all information contained in their consumer file at the time they request it, along with the source or sources of the information contained within, including both the original and any intermediary or vendor source.
“Background-check and other consumer-reporting companies do not get to create flawed reputational dossiers that are then hidden from consumer view,” said CFPB Director Rohit Chopra in the release. “Background-check reports, and all other consumer reports, must be accurate, up to date, and available to the people that the reports are about.”
Criminal and credit system issues in housing decisions
The CFPB and Federal Trade Commission (FTC) launched a public inquiry in early 2023 and asked for people’s experiences with background checks used to screen potential tenants for rental housing. The CFPB and FTC received more than 600 comments. Most of the comments came from renters. They told the agencies about many problems they encounter, including not receiving adverse-action notices and finding inaccuracies and errors that are difficult to correct and that have a decades-long impact on housing opportunities.
Many described biases in criminal and credit systems transferring into housing decisions.
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The CFPB issued the advisory opinion on background screening to highlight that consumer reporting companies, covered by the Fair Credit Reporting Act, must maintain reasonable procedures to avoid producing reports with false or misleading information. Specifically, the procedures should:
- Prevent the reporting of public-record information that has been expunged, sealed, or otherwise legally restricted from public access.
- Ensure disposition information is reported for any arrests, criminal charges, eviction proceedings, or other court filings that are included in background check reports.
- Prevent the reporting of duplicative information.
In addition, the advisory opinion on background screening reminds consumer reporting companies that they may not report outdated negative information—and that each negative item of information is subject to its own reporting period, the timing of which depends on the date of the negative item itself. For example, a criminal charge that does not result in a conviction generally cannot be reported by a consumer reporting company beyond the seven-year period that starts at the time of the charge.
Credit File Disclosure
People have the right to know what information consumer reporting companies keep about them as well as where the information originates. Disclosure of a person’s complete file, upon their request, is a critical component of a person’s right to dispute false or misleading information. Consumers must be provided with all sources for the information contained in their file, including both the originating sources and any intermediary or vendor sources, so they can correct any misinformation.
As explained in the advisory opinion on file disclosure, individuals requesting their files:
- Only need to make a request for their report and provide proper identification – they do not need to use specific language or industry jargon to be provided their complete file.
- Must be provided their complete file with clear and accurate information that is presented in a way an average person could understand.
- Must be provided the information in a format that will assist them in identifying inaccuracies, exercising their rights to dispute any incomplete or inaccurate information, and understanding when they are being affected by adverse information.
- Must be provided with the sources of the information in their file, including both the original and any intermediary or vendor source or sources.
In a January 2023 report, the CFPB noted improvements and continued challenges for the nationwide consumer-reporting companies. The CFPB has highlighted other consumer reporting problems and has reminded consumer-reporting companies of their obligations to consumers under the Fair Credit Reporting Act. For example, the CFPB issued guidance on permissible purposes for accessing consumer reports, identifying and eliminating obviously false and junk data, and resolving consumer disputes. Additionally, the CFPB has taken action against consumer-reporting companies when they have broken the law, as well as affirmed the ability of states to police credit reporting markets.
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By Sarah Yaussi
Understanding prospective renters’ preferences is a fundamental responsibility for property owners, developers, and managers.
However, it’s more than just about knowing what renters are looking for or would like to have; it’s about identifying the truly non-negotiable elements that are crucial for modern lifestyles and everyday enjoyment. Recognizing these dealmakers (and dealbreakers) ensures consistent and reliable occupancy — and happier communities.
Whether it’s high-speed internet, modern appliances, a pet-friendly policy or other in-demand features, emphasizing desirable differentiators can create a compelling marketing narrative that resonates with current and potential renters. In the 2024 NMHC and Grace Hill Renter Preferences Survey Report, renter respondents shared both the aspirational and practical elements that make the difference when they’re considering which home to rent. Based on 172,703 survey responses across 77 markets and 4,220 communities, the report provides a valuable snapshot into the needs and desires of a wide range of renters.
Renter respondents surveyed were focused on privacy, convenience, and lifestyle when communicating which features and amenities they simply were unwilling to do without. They’re looking for homes and communities that function as retreats for themselves, their friends, and their families.
Top 10 Features Renters Want or Would Not Rent Without
These are those dealmakers (or deal-breakers!):
- Air conditioning (93 percent)
- Washer/dryer in unit (93 percent)
- High-speed Internet access (90 percent)
- Soundproof walls (88 percent)
- Walk-in closet (87 percent)
- Garbage disposal (87 percent)
- Dishwasher (87 percent)
- Noise-reducing windowpanes (83 percent)
- Pre-installed window shades/blinds (83 percent)
- Refrigerator with water/ice dispenser (81 percent)
Amenities such as air conditioning and in-unit washers/dryers, which at one time were considered luxuries, are now essential components for comfort and convenience.
Survey respondents named these their top must-haves, each with 93 percent of renter respondents indicating they were interested in these features or wouldn’t rent without them.
Whether for remote work, streaming music or video, or gaming, high-speed internet access ranked high on the list of renter essentials as well (90 percent). Along with this, the privacy offered by soundproof walls (88 percent) and noise-reducing windowpanes (83 percent) allows renters a sense of refuge to get work done or enjoy an evening without interruptions.
Walk-in closets (87 percent) and pre-installed window shades and blinds (83 percent) were both important to renters, providing room for storage and the ability to settle into a new rental home quickly and easily. Similarly, upgraded kitchen appliances that were once considered desirable extras, such as garbage disposals and dishwashers (both 87 percent) along with refrigerators with water and ice dispensers (81 percent), are now considered essential for a well-equipped kitchen.
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Top 10 Amenities Ranked
A look at the community amenities renter respondents said they were interested in or wouldn’t rent without.
- Reliable cell reception (86 percent)
- Secure self-service 24/7 package access (76 percent)
- Covered parking (76 percent)
- Swimming pool (76 percent)
- Controlled property/amenity access (75 percent)
- Dedicated visitor/guest parking (73 percent)
- Fitness center (73 percent)
- Controlled-access parking (72 percent)
- Non-smoking buildings (71 percent)
- On-site back-up power supply (68 percent)
Renters expect seamless use of their mobile devices at all times for everything from answering emails to resourcing GPS navigation to video conferencing. This level of connectivity isn’t just considered convenient; it’s considered essential for personal safety, work-from-home professionalism, and family communication. Because of this, reliable cell reception topped the survey’s list of amenities that renters won’t live without. Another popular amenity—on-site back-up power supply (68 percent)—ensures that power outages don’t interrupt that all-important online access.
Whether ordering essentials from Amazon or dinner from the local take-out restaurant, secure, consistent, and convenient access to packages and deliveries was a significant consideration for 76 percent of the renters surveyed.
In addition, on-the-go lifestyles require convenient and reliable transportation and parking options, reflected in the preference for covered (76 percent) and controlled access (75 percent) parking. In addition, when guests arrive, ensuring that they have a dedicated place to park is also a high priority for 73 percent of renters surveyed.
Many renters look to their community amenities to provide resources that support their active lifestyles. A swimming pool (76 percent), fitness center (73 percent), and non-smoking buildings (71 percent) were high on the wish lists of renters surveyed, allowing them to stay healthy and fit close to home.
For property investors, developers and management companies alike, insight into the lifestyles and needs of the modern renter offers the opportunity to plan ahead, differentiate services, and develop marketing strategies that are tailor-made for potential residents in their properties. By knowing the difference between nice-to-have bells and whistles and must-have features and amenities that renters simply won’t do without, it’s easier to keep homes filled and residents happy.
Building more thoughtful, purpose-driven, and responsive communities is good for everyone.
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Retirement is a subject that used to be synonymous with Medicare, but those days are long gone. As we are close to retirement (in age and financial position), we thought you would like to know the things we considered and implemented to help you when crafting your rental property retirement plan.
Now, we hear of people retiring in their early 50’s, 40’s, and even some are really tightening their financial belt and retiring in their 30’s. Where this takes focus and dedication, there is something we can all learn from the methodology these early retirees use.
In this episode, we are discussing:
- The concept of FIRE (Financial Independence, Retire Early) and the variety of ways to achieve it.
- Things to consider before retiring.
- Budgeting for your retirement.
- How much rental property income is needed to retire.
- What to invest in if you haven’t bought a property yet.
We do our best to roll through all this information concisely but check out the links below for additional resources to help when crafting your rental property retirement plan.
LINKS:
👉 Your Money or Your Life: 9 Steps to Transforming Your Relationship with Money and Achieving Financial Independence.
👉 Podcast Episode 45: Basic Tax Strategies
👉 Podcast Episode 46: Advanced Tax Strategies
👉 Microsoft Excel: Microsoft for Small Business ($6/mo)
👉 YNAB(You Need A Budget): Simplify spending and saving, once and for all. Organize your finances (and your life!) with a free trial of YNAB.
👉 Retire Early with Real Estate by Chad Carson
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Whether you’re a home buyer, seller, landlord or tenant, there are several new laws set to go into effect in California in 2024 that will impact housing.
Here are six laws you should know about:
The sale of accessory dwelling units
Accessory dwelling units, also known as ADUs, have often been rented out by homeowners in California. Assembly Bill 1033 will now allow ADUs to be sold, which could in effect create two- or three-unit condominiums on a given lot.
Effective in 2024, property owners in participating cities that decide to opt-in to the new program will be able to sell their ADUs separately from the main residence.
This also would mean covenants, conditions & restrictions (CC&Rs), the set of rules governing the use of a certain piece of real estate in a homeowners association, would need to be created for these condominiums.
Disclosures for flipped houses
In an effort to mitigate the risks of shoddy renovations to buyers of flipped houses — those that are purchased, rehabbed and sold for a profit — Assembly Bill 968 expands existing sales disclosure laws.
Anyone who purchases a home and flips it within an 18-month period must disclose all repairs and renovations made to the property during that time. The name of each contractor who performed work and whether a permit was obtained for each renovation also must be disclosed.
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New fire hazard disclosures
Existing law requires a seller to disclose natural hazards, including whether a property is in a high or very high fire hazard severity zone, to a prospective buyer through the natural hazard disclosure statement.
Assembly Bill 1280 expands this criteria and establishes subcategories, including as to whether the property is located within a high fire hazard severity zone in a state responsibility area, very high fire hazard severity zone in a state responsibility area, or very high fire hazard severity zone in a local responsibility area.
If the property is located in any of these zones, the defensible space and (for properties built before 2010) fire hardening disclosures would then be required.
Tenants’ rights
Three new laws aimed at protecting tenants are set to go into effect at the start of the year.
Assembly Bill 12 limits the amount landlords can require in security deposits to just one month’s rent in addition to the first month’s rent. California landlords also cannot discriminate on the basis of an applicant’s source of income, which means they must consider Section 8 applicants.
Assembly Bill 1418 prohibits cities and counties from enacting “crime-free” housing programs and nuisance ordinances that require landlords to evict or refuse to rent to those with prior criminal convictions.
Assembly Bill 1620 allows local jurisdictions to require landlords whose units don’t have elevators to allow physically disabled tenants to move into similar units on a ground floor and keep the same rent rate and lease terms.
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