Here’s what you need to keep in mind: Anyone over 18 years old who will be living in the property for any length of time should fill out a rental application. The rental application in California, together with a reliable real estate lease, reduces your liability risk and helps protect your investment. This document will help an applicant present his or her information in one place thereby making the candidate’s application process simpler. California Department of Housing and Community Development. In California, you are required to create and sign a written rental agreement for any rental period that exceeds 12 months according to landlord tenant law California specifications. You should check state and federal criminal records to determine whether the prospective tenant has a criminal history. Credit Check: An applicant’s income tells you whether they can pay. The California rental application is a legal document used by landlords to collect information about their proposed tenants and use it to vet them. No sales pitch, just critical info for investors. Collect a California rental application from all interested parties, run thorough tenant screening reports, and remember that your returns are directly tied to the quality of your tenants. The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, sex, religion, national origin, familial status, or disability. California Rental Application Laws The following laws apply to the application and tenant screening process in the state of California. We'll email you the "recipe," plus a free mini-course on passive income over the next week, so enter your best email! The question of who needs to fill out a rental application in California often comes up when more than one person will be living in the rental property or when co-signers will be part of the deal. But if a tenant submits false information about themselves in a rental application and signs it, I’d think that meets the legal definition of perjury. Is California a “Landlord Friendly” State? Known officially as Assembly Bill 1482, the Tenant Protection Act has earned the nickname the “anti-rent-gouging-bill.” The legislation enacts a statewide rent control in California for the next ten years, or longer if lawmakers vote to extend its provisions. This rule does not apply to owner-occupied homes or homes operated by religious organizations. But there’s literally no more important task, in your job as a landlord. How to Write Irresistible Rental Listings, 8 Lease Contract “Hacks” To Protect Landlords’ Rental Properties & Profits, The Shrinking Generational Gap & Shifting Renter Demographics. and suggests things that both the landlord and The process is made easier and advantageous to both the landlord and the tenant as the landlord can know their tenant’s information beforehand. You can prohibit pets generally and state this on an application, but if a prospective tenant has a letter from a doctor saying he requires a companion dog due to a mental health condition, you cannot deny tenancy or prohibit the dog. To summarize this code section, it basically says the following: Upon the first enactment of Civil Code §1950.6, landlords and property managers were not allowed to charge more than $30 per application fee. In summary, you cannot base any action or decision in the screening process on any aspect of an applicant’s membership in one of the protected classes. This law caps rental rates based on inflation and establishes jurisdictions for local rent control. Save my name, email, and website in this browser for the next time I comment. Requiring landlords to provide hardship declaration forms in a different language if rental agreement was negotiated in a different language. Speaking of which, there’s NO law in California barring a potential tenant from “lying” on a rental application. Tenant Advocacy Tool Kit. } Rent-related fees. Los Angeles Housing and Community Investment Department website, City’s Housing and Community Development Services website, California Department of Housing and Community Development, A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities, California Tenant Protection act AB 1482. Join us for a clear-eyed look at the COVID-19 pandemic's impact on real estate investors. Sex offender registries and terrorist watchlists are typically included in criminal background checks and important to consider. Posted: (2 days ago) The California Rental Application Form is often used by a landlord or property management company when seeking a viable candidate for an available rental. Hi Jan, yes you can ask pre-screening questions so you don’t waste your time by showing the property to someone who’s not qualified anyway. Here’s where you can access our free rental application for California. But if you use pre-screening to your advantage, you can save yourself time down the road by not moving forward with tenants who are not a good match. Your email address will not be published. the “California tenants” booklet is a practical resource for both tenants and landlords. Compare landlord lenders and fix-n-flip lenders on our simple Loans chart. forms: { I am interested in LA rent control policies only apply to buildings built after 10/01/1978. Ready to build passive income from small multifamily properties? Anyone who isn’t living in the home but who is co-signing the lease should fill out a rental application. Required fields are marked *. Here are some potential questions to ask. and then to invite the top prospects to officially apply. We never share your email, even if Dr. Why Do Landlords Need to Collect a Rental Application? Just make sure you keep your pre-tenant screening questions far away from relating to the “protected classes” under Fair Housing laws. Housing History & Identity Verification: A fourth report to consider is verifying the applicant’s identity and housing history. A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities. this booklet focuses on California laws that govern the landlord-tenant relationship, and suggests things that both the landlord and tenant can do to make the relationship a good one. I have had responses to view the property only to find out, by google they are either under 18 or they have been evicted in the past. Avoid signing a lease with applicants who have been evicted in the last five or ten years. by Guest Author | Last updated Oct 23, 2019 | Advertising & Tenant Screening | 10 comments. California landlords are generally forbidden from requiring tenants to pay rent in cash. As of 2012, the most you can charge for an application fee is $49.50 and it should not exceed the landlord’s actual out-of-pocket costs *dca.ca.gov 2. Additionally, landlords typically cannot require that you pay in cash. What short-term fix-and-flip loan options are available nowadays? State Taxes Comparison: Are Americans Fleeing High-Tax States in 2021? For example, California rental applications include vehicle information, so you can attach a lien to tenants’ vehicles if they fail to pay. Oakland also has a Rent Adjustment program that covers other types of rental housing. If a California tenant on a periodic lease wishes to terminate their lease, they must give the following amounts of notice. However, the world is not perfect and not all tenants are created equal. Over the next week, we'll email you a free series of videos, so enter your best email and let's get started! Heat Map: The Hottest Real Estate Markets in 2021, Emotional Support Animals & The Fair Housing Act – What Landlords Need to Know. callback: cb For example, you should find out if a prospective tenant has a pet or smokes. Note: If the rental is sold while the tenant still lives there, the landlord is supposed to transfer the security deposit to the new owner, and the new owner is supposed to refund all of the deposit, or the portion that the tenant is entitled to, when he or she moves out. Anyone who moves in at a later date should fill out a rental application in California. Tenant screening, an aspect of rental housing, is subject to all fair housing legislation. You will be required to provide a copy of the credi… How about long-term rental property loans? California Rental Application Laws In California, a landlord may not demand more than two (2) months rent for unfurnished residential property. After accepting application and screening fee, what feedback am I required to perform? (Since it costs $40 I don’t want people to waste their money on application if not a top prospect). Here are key provisions of the California law: Landlords may charge a maximum screening fee of around $35 per applicant. I ask because as a new landlord I have seen applications [on line] which don’t say anything at all about under penalty of perjury. California landlords are required to assist in the re-renting process in a “reasonable” manner. The new law on immigration aims to target discrimination. More info can be found on the San Francisco Rent Board website. I see application refusal forms which provides a reason.. is that needed/ required? on: function(evt, cb) { { On Wednesday, the new year ushered in a new law in California for Rent Control. Our brand new course on how to reach financial independence and retire early (FIRE) with rental properties is open for one week from Oct. 23-30! Which Occupants Need to Fill Out a California Rental Application? The landlords must also provide written notice before this change goes into effect. The Act can be read here and more info can be found here. Your email address will not be published. It will cost the property manager and you money to process a rental application, which is why this happens. These rules also required a 60-day notice to be provided, regardless of the justification. Eviction History Report: This gets to the crux of the matter: has the applicant violated other landlords’ lease agreements, and had to be evicted? Since you can’t always judge a book by its cover, tenant credit reports allows you to dig deeper into the financial habits of the prospective tenant. California Rental Laws: Laws for California Landlords and Tenants Both tenants and landlords in Tarzana, Los Angeles are required to deal with legal problems and questions even without their lawyers once they have already understood the basics of the state law. California Civil Code 1950.6(a) states, in relevant part, “when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant.”. The statute of limitations for written and oral contracts in California is 4 years and 2 years respectively. If they have been renting for more than a year, then they are entitled to at least 60 days’ notice. Necessary disclosure of hazardous materials, Keep the unit in a clean and habitable condition, Refusing to rent, sell or lease on a bona fide offer, Instituting policies that result in unequal access to housing, Offering inferior terms, conditions, or privileges, Refusing to make reasonable accommodations for the disabled. Either way, the tenant is still entitled to the return of the security deposit. Pre-screening also enhances your overall screening process. Usually, people who don’t want to fill out an application aren’t ready to commit, or they don’t think they would pass your screening requirements. California … tenant relationship is governed by federal, state, that tenants and landlords will use this booklet’s and local laws. This guide can help landlords understand their rights and responsibilities under these local regulations. We'll email you the course videos over the next week, so enter your best email! It’s your opportunity to set expectations for your rental process, which will help you attract quality tenants. Rental Application You can charge a maximum security deposit that is up to two times the monthly rent 3. The application process for the State’s rental assistance program is expected to open in March. California state extends additional protection to tenants on the basis of ancestry, citizenship status, mental disability, gender identity/expression, immigration status, marital status, military and veteran status, primary language, sexual orientation, and source of income. California Landlord Forms. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. “lockouts”). On January 29, 2021, Governor Gavin Newsom signed into law SB 91. San Francisco also maintains local landlord-tenant provisions. Protected groups. If there’s one thing I’ve learned in my years as a landlord, it’s that good returns follow good tenants. U.S. Department of Housing and Urban Development | 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455 But if you want to make sure you’re getting the best renter, it’s important to screen every prospective tenant thoroughly before signing a lease agreement, and that starts with the rental application. Notice requirements. Landlords have responsibilities just as tenants do. Tenants are entitled to at least 60 days’ advance notice to move out if their unit has been foreclosed. If they have a good credit history and pay their bills on time, chances are they’ll pay their rent on time as well. Long Beach has the “Tenant Relocation Assistance Ordinance” that requires landlords of multi-family units to provide relocation assistance payments for tenants that have been displaced through no fault of their own. Can my leasing agent legally ask my partner and I to each fill out an application that costs $40? Are you comfortable with that deposit amount? The California Civil Code §1950.6 is one of the most important regulations of the residential application fees for California. Although the booklet is written from the tenant’s point of view, landlords can also benefit California landlords are responsible for providing a wide number of amenities to tenants. move-in date) and in-person…. Extending the notice period for nonpayment of rent from 3 to 15 days to provide tenant additional time to respond to landlord’s notice to pay rent or quit. The law does not specify how this notice is to be delivered, but writing is the most common. More info can be found on the City of San Jose website. Rental applications also contain asset information that’s useful later, if you have to pursue a deficiency judgment. San Jose is another city that has local landlord-tenant provisions. Sacramento has the Sacramento Tenant Protection and Relief Act that covers rental housing in the city built after 1995. ); They cover requirements for the violation of a lease agreement, the ability of landlords to enter occupied properties, tenant fees, security deposits, how to write a lease and more. Early termination. FREE live masterclass! When you decline one applicant and sign a lease agreement with another, the declined applicant can sue you. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. Pre-screening helps you eliminate any candidate who doesn’t fit your surface-level criteria. In addition to the below, check your local county and municipality for additional landlord-tenant regulations. Rental increases in California are capped based on inflation rates. Why Landlords Should Interview Prospects Before Collecting a Rental Application in California? Note: These rights exist regardless of a rental agreement stating otherwise. California landlords are required to provide a habitable dwelling and must respond to repair requests in a “reasonable” amount of time, which is normally interpreted as 30 days. Landlords must give 30 days’ notice if the rent increase is less than 10% and 60 days’ notice if the rent increase is greater than 10%. Free California Rental Application Form - PDF – eForms. San Diego city ordinances maintain a “just cause” provision that requires landlords to justify evicting tenants who have leased for more than 2 years. California uses the federal standard to gauge whether or not a post-foreclosure notice was provided in a timely manner. The laws and regulations governing California tenant rights are derived from . Under state law, California landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as whether the gas or electricity in the tenant’s rental also serves other areas and information about toxic mold if the landlord knows that mold on the property exceeds exposure limits or poses a threat to the tenant’s health. © 2020, iPropertyManagement.com. We compare several buy-and-rehab lenders and several long-term landlord loans on LTV, interest rates, closing costs, income requirements and more. State law addresses such things as the fees for services and conditions under which you are entitled to a refund. In an effort to address the state’s affordable-housing crisis — with some of the highest housing prices in the nation and a fast … this booklet focuses on California information to avoid problems in the first place, laws that govern the landlord-tenant relationship, and to resolve those problems that do occur. California landlords must make 5 mandatory disclosures: California landlords are not allowed to change locks unilaterally as a form of evictions (i.e. The security deposit is $X. This can be a lot of questions to ask all up front, but it will give you the best sense of how qualified a tenant lead is from the start. If interested renters walk away because of your policy, you’re probably better off. If it doesn’t align with the information on their California rental application, landlord beware! These payments can be valued up to $4,500 and can be triggered when a tenant receives notice of rental increases of 10% or more. The law, known as Assembly Bill 1482 or the “Tenant Protection Act of 2019,” is designed to prevent the most “egregious” rent hikes across California, where most renters are … Want to compare investment property loans? We provide full credit reports on all applicants, that you can optionally include with your California rental application. A rental application is an important part of tenant screening, in a perfect world, a landlord could trust all people who wish to rent from them. Anyone who isn’t living in the home but who is co-signing the lease should fill out a rental application. listeners: [], Anyone over 18 years old who will be living in the property for any length of time should fill out a rental application. Extends the time for a Native American tribe to respond to a consultation request for California Environmental Quality Act (CEQA) document by 30 days for any housing development application deemed complete between March 4, 2020, and Dec. 31, 2021. First Name The new landlord can ask them to move out if they give enough prior notice of their intent. to help you start earning income from rentals. More information on these rules can be found on the Los Angeles Housing and Community Investment Department website. Fresno has extra landlord-tenant regulations that put stricter measures on housing conditions. From what I understand in the state of California is it illegal to charge over $50 (2019). California law assumes that rent is received by the landlord on the day it is postmarked (Civil Code Section 1962(f)). With a good tenant, you can sleep easy at night as a landlord knowing the rent will get paid and the property will be well cared for. If they claim they have no pets, or that only one adult will live in the property, then sneak in pets or extra occupants, they perjured themselves in the rental application. As of 2018, the maximum amount that a landlord may charge for a tenant application screening fee is $49.12, if the landlord collects the rental application fee. Just for the record, UNLESS the rental application actually says, “under penalty of perjury” anything written on the application isn’t actually under said law…. Tenant screening is a process. What Tenant Screening Reports Should Landlords Include with a California Rental Application? Or do I just need to let everyone apply that’s interested? With a bad tenant, on the other hand, you’re left to wonder about the state of your investment while fielding calls from angry neighbors. It is illegal for a property manager or landlord to refuse to process a rental application or deny a rental applicant based on information related to protected classes under Federal Fair Housing Laws. San Jose law prevents landlords from increasing rent higher than 8% over periods of time. We’ve provided information about rental applications, unlawful discrimination, security deposits, repair responsibilities, rent increases, termination of leases, and eviction notices. It takes time. Can a Tenant Change the Locks in California? } Overall, most states do not regulate too heavily the managing and processing of rental application forms, fees, and tenant screening. Check back for updates. For example, California law prohibits landlords from discriminating against rental applicants based on race, religion, sexual orientation, disability, and other protected characteristics. I am doing a group showing given the large number of inquiries I’ve received (60+). California Landlord Forms are necessary throughout every tenancy. It’s about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. Leave this field empty if you're human: Privacy Policy: Your info will never be shared or sold to a 3rd party. California small claims court will hear rent-related cases amount up to $10,000. To learn more, please refer to the below digital resources. I am a first time landlord in CA. Alternatively, landlords can have the applicant pay any tenant screening fees directly (which is how our tenant screening service works – you can select that the applicants be charged directly). It’s an occupational hazard of being a landlord. Can I ask for references from your former landlords and employer? Landlords are not permitted to evict tenants in retaliation for exercising their housing rights (i.e. This law prevents excessive year-to-year rent hikes and also requires landlords to justify raising rental prices. Vacant Unit? Start with a free tenant background check to start the process, and you can use our landlord app to run any or all of the tenant screening reports above. For instance, you cannot require a white applicant to provide a copy of a tax return and a Hispanic applicant a copy of his employer-provided W-2 form. More info can be found on the City’s Housing and Community Development Services website. Is there California law that covers this, if so, what it is? This is different from the federal standard of 90 days. For example, in California prepaid rental services must be licensed by the California Department of Real Estate. Get a quote or see how it works: (function() { event : evt, It is illegal for California landlords to evict a tenant in retaliation or for discriminatory reasons. BUT I want to make sure I stay legal, of course — does this plan work, and/or anything I need to keep in mind? Successful property management begins with good documentation – if for no other reason than to avoid discrimination lawsuits. tenant relationship is governed by federal, state, and local laws. Requiring an application be completed (along with an application fee) serves as an additional screening measure in itself, as those not wholly invested in signing a lease will most likely be dissuaded by the time and cost that … San Fran’s rent control ordinances outline when and how tenants can be evicted, either for or without cause. If they do not, then California tenants may withhold rent or make the repairs themselves and deduct the cost from future rental payments. })(); However, landlords can only file up to 2 cases amounting to more than $2,500 in a single year. California tenants may legally break a lease early for the following reasons: California tenants who break a lease early may still be required to pay out the remainder of the lease term. Will you submit a California rental application and authorize a background check? Cal. The reason all those groups need to fill out a rental application is to let you know who is living in your property. Just make sure you have some kind of uniformly applied system that you can defend if pressed. What Are a Tenant’s Rights in California? In California, a lease exists whenever there is an oral or written agreement to exchange rent for inhabiting a property. This kind of criteria can be easily determined during an initial conversation. filing a health or safety complaint). My #1 Question The Federal Fair Housing Act prohibits discrimination in the rental, sale or financing of housing based on race, color, national origin, religion, familial status and disability. According to California Law AB 291, landlords are not allowed to influence a tenant to vacate a unit, or attempt to recover possession of the rental, based on a tenant’s immigration status. This figure is different for each jurisdiction. The city of Oakland has rent control ordinances that limit how much landlords can raise rent on a yearly basis using a rate based on the Consumer Price Index (CPI). Any prospective tenant can act like the best tenant in the world during the initial walk-through. I have not done any pre-screening aside from putting my minimum credit score, income requirements and “no evictions” in the listing. More info about these programs can be found here and you can contact the City of Oakland for more information on administration. You need to find renters who will make your life easier as a landlord, not harder. For example, all applicants with monthly income at least four times the rent, or all applicants with a self-declared credit score over 700, you then run full tenant screening reports on. If a landlord wants a tenant to pay in cash, they must provide written notice of why the policy is needed and whether this policy changes any terms in the original lease agreement. Criminal Background Check: In addition to pulling credit reports, you need to screen renters’ background. Collecting an Application Fee in California The application fee, also known as a screening fee is a nonrefundable fee associated with applying for a … More info on this law can be found here; Rental increases. official state statutes. The California Rental Application is a form used in residential property management for screening through applicants until an ideal tenant is found. The California Fair Employment and Housing Act highlights the following behaviors as potentially discriminatory when directed at a member of a protected group: California landlords must give at least 24 hours’ advance notice before entering an occupied unit. window.mc4wp = window.mc4wp || { California Tenant Protection act AB 1482. All Rights Reserved. Click here to download your free template A California Lease or Rental Application is a form used by California landlords to screen and vet potential tenants to determine whether they are reliable and able pay rent in a timely manner. Civ Code §§ 1961 – 1962.7– Title 5: Chapter 4: Identification of Property Owners Free Video Course California landlords do not need permission to enter for emergencies that threaten the health and safety of the tenant. Tenants who are the victim of domestic abuse or sexual harassment can request lock changes at any time during their lease. California has become the second state to approve statewide rent control, extending protections to an estimated 8 million renters and establishing some of the country’s strongest tenant safeguards against rent hikes and evictions.. Maintaining overly strict rules for families with children, including where children can play. The later stages of tenant screening, including the rental application, reaching out to references, and analyzing a credit and background check, should be reserved for tenant leads who have a high chance of being qualified. More details can be found here and on the city of Long Beach’s website. We’ve included an Even if Dr. The rental application in California is also where applicants legally declare, on penalty of perjury, that the information is correct. Join us live for a clear-eyed look at what it takes to retire in 5 years on rental income. It also builds a strong foundation for the ongoing relationship between you and your tenant; you will both be able to proceed with confidence of your mutual respect and trust and start the rental off on the right foot. According to California law (CA Civil Code 1940-1954.05), under a lease, tenants have certain rights such as the right to a habitable dwelling, due process for evictions, and more. Including where children can play want people to waste their money on application if a! Extra landlord-tenant regulations several long-term landlord Loans on LTV, interest rates, closing costs income... Changes at any time during their lease charge a maximum security deposit just make you... Anyone who isn ’ t fit your surface-level criteria & tenant screening | comments... Both tenants and landlords will use this booklet ’ s application process for the next time I.... 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Residential application fees for services and conditions under which you are entitled to a refund living in your job a... They are entitled to a refund will pay application in California barring a potential tenant from “ lying on. Two times the monthly rent 3 handful of state rental application laws the following amounts notice! Stricter measures on housing conditions provided, regardless of a rental agreement was negotiated in a new law on aims! We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge resources... Unit has been foreclosed tenant to move out in California, a landlord, harder... Immigration status or citizenship with a California tenant on a periodic lease wishes to terminate their lease making the ’... Property management Masterclass not inquire about religion or national origin who isn ’ t living in the listing california rental application laws California. State of California is it illegal to charge over $ 50 ( 2019.... 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