Landlord-tenant law is complicated! State law governs many aspects of tenancy and over time case law has clarified how those statutes apply. Localities may add additional regulations (namely rent control) and so the law can vary from place-to-place. It is a veritable layer cake of complimentary codes, statutes and ordinances. Where can a tenant turn for help?
Try a Renters Alliance ‘Explainer’
Online resources and legal guides are helpful to tenants but only
Renters Alliance is the only organization that provides advice for tenants that draws not only on state law but also the Beverly Hills rent stabilization ordinance. We focus on the real-world problems that face tenants every day in Beverly Hills in our series of ‘explainer’ posts. Browse all our explainers by scrolling down to the full list.
Consult a Tenant Guide
The Department of Consumer Affairs has published the California Tenants Guide. This is often our go-to guide for authoritative guidance on state law. Make it your first stop. However it was last updated in 2012. From the looks of the state’s new Housing is Key website and its Tenant Resources webpage it looks like it will be updated! Great news for tenants as this is an authoritative reference for landlord-tenant law.
Those looking for a deeper-dive on a specific issue should check out the Nolo Press series on landlord-tenant law. That includes the indispensable California Tenants’ Rights (2018), Renters’ Rights (2018) and California Landlord’s Law Book: Rights and Responsibilities (2019). Sometimes it helps to think like a landlord. So we consult California Landlord’s Law Book: Evictions (2019). Check the Beverly Hills library for some of these titles. The law evolves slowly so even a years-old guide will be useful.
Getting away from legal particulars, we recommend tenant guides for general advice. There are many online but we recommend a few from Los Angeles County including Before You Rent, Living in Your Rental Unit, and Moving Out of Your Rental Unit. The State Department of Consumer Affairs publishes a tutorial on small claims court that comes in handy when the landlord won’t return the security deposit!
Reach Out to the City
We encourage tenants to contact the city’s rent stabilization office. Staff is available to answer questions about the maximum allowed annual rent increase, tenancy terminations, relocation fees and much more. Visit the Rent Stabilization Program online. The city hall office is rooom #200.
The city has two programs that may benefit tenants: free professional mediation and housing rights legal services from Bet Tzedek for income-qualifying tenants.
Renters Alliance Explainers
My Landlord is Asking for an Estoppel. Need I Sign It?
An estoppel certificate is a legal document that simply establishes the terms and status of a rental agreement (or lease) for a third party like a prospective buyer. Typically a tenant is asked to complete an estoppel when purchase negotiations advance and that request may come from the current owner or an agent working on behalf of a prospective buyer. It is nothing to fear; it is a standard step in the sale of real property. In any case the lease or rental agreement may require the tenant to complete it. When presented with an estoppel to complete and sign you may have questions. Here is what you need to know.
How Many Occupants is too Many? Limits on Occupancy Explained
Recently an adjacent small apartment leased quite quickly to three adult guys. They introduced themselves and all were perfectly nice. But a small one-bedroom seemed like a tight fit for three adults. We have seen families with two children squeeze into a one-bedroom apartment of about 500 square feet. Good for them to get a foothold in Beverly Hills schools at a one-bedroom rent. But it got us thinking: how many people can a landlord lawfully pack into a one small apartment? The answer is not as straightforward as one might think!
Landlords are making significant improvements to their properties in today's hot real estate market. Rental property in Beverly Hills has been relatively undervalued. Rents weren't much higher than surrounding areas, even as properties here sold for considerably more, because landlords were not investing to maintain and improve their asset. But new rent control restrictions in 2017 -- specifically a new lower cap on the annual rent increase -- encouraged landlords to improve their properties to fetch higher rents. The real estate industry calls it 'market repositioning.’ Unfortunately it comes at the expense of longtime tenants who are subsequently pressured to move.
Security Deposit: Ten Steps to a Timely Refund [Updated]
State law requires that the security deposit be returned to the tenant within 21 days of move-out. Any deduction up to $125 must include an itemized list of actual expenses paid by the landlord. But too often we hear of improper deductions or even the entire deposit stolen by the landlord. The law is clear that the deposit is the tenant's money and is to be returned minus only specific, lawful expenses. Before the landlord can steal your money protect yourself with these steps....starting with move-in.
Small Claims Court: A Tenant’s Guide [Updated]
A landlord-tenant legal dispute can arise in a variety of situations, but when it concerns money in an amount that is less $12,500 the tenant can take the landlord to small claims court. Neither the plaintiff nor the landlord can bring an attorney to small claims, so it somewhat levels the playing field compared to superior court where landlords are invariably represented by counsel. Among the most common small claims cases are those that concern a security deposit unlawful withheld. Let's look at the small claims process and, specifically, at the example concerning the security deposit.
Security Deposits: A Primer [Updated]
One of the challenges of renting is the up-front cost: a prospective Beverly Hills tenant can expect to hand over about $5,000 to rent a 1-bedroom apartment while a 2-bedroom household may need $7,000 to start. A hefty two-month deposit would add another 50%. But another challenge is renting when the landlord delays returning the deposit or takes a big bite out of it. What's the law?
Burglar Bars in Multifamily: Crime Protection Measure or Fire Safety Hazard?
‘Burglar bars’ are wrought-iron grates that are affixed to first-floor windows of residential dwellings. We see them all across Los Angeles and occasionally in Beverly Hills. They may provide a sense of security, but when not properly maintained they can rust and fail to swing open when released from inside. In a fire they can trap residents inside. Too often we see aged and rusting burglar bars on multifamily properties that are poorly-maintained and that can be a safety hazard. So we got to wondering…What are the regulations on burglar bars?
Accessory Dwelling Units Coming to Multifamily Near You!
In recent years the state legislature has taken unprecedented steps to encourage the production of new ‘infill’ housing. Multifamily owners are favored with big incentives to redevelop their property to greater heights. Permitting is streamlined. Local zoning regulations and parking requirements are preempted. It seems like no opportunity was missed to shoehorn new dwellings wherever they may fit. Coming soon to your property: one or more accessory dwelling units carved out of common spaces like the garage, laundry, recreation room or management office. Low construction costs and high rents make it a no-brainer for the landlord. What does it mean for tenants?
What Type of Construction Requires a City Permit?
Beverly Hills regulates interior and exterior construction through building permits. The process ensures that work will comply with state and local building codes. But permits also protect multifamily occupants from construction conditions that could compromise public safety and to some extent shield tenants from impacts that negatively affect habitability. However too much work occurs without the required permits. We should know which type of construction requires a permit and what to do if the work is not properly permitted.
Cash-for-Keys Buyouts: What You Need to Know
You have been approached by the landlord with a cash offer to vacate your apartment. It is called a buyout. Should you take it? Is it a fair offer? Do you have leverage to negotiate a better offer? We urge you to know your rights before you take the cash. A rent-stabilized tenancy in Beverly Hills is worth more than you think. So let’s talk about the buyout and your options when the landlord comes calling with cash in hand.
How Much Can My Landlord Bill Me for Trash Pickup? [Updated]
City of Beverly Hills allows residential multifamily landlords to pass through to tenants the bimonthly cost of refuse collection and alley maintenance charged by the city. As of fiscal year 2022-23 those costs can add $40.36 to the monthly rent if passed-through by the landlord. And the landlord can pass it through unless the rental agreement explicitly says that the landlord will pay for refuse. While some tenants already pay for refuse, many more will be surprised to learn that an unexpected $40 can be added to the rent for a basic service like trash collection that should come with the housing.
Due Diligence: How to Research the Landlord [Updated]
Most tenants won't need to research the landlord because the relationship is simply business: the tenant writes the check and the landlord provides the housing. But sometimes complications arise and it is useful to know the owner of the property. Not the property management company but the beneficial owner who profits from the enterprise. Here we share some tips on how we do our due diligence using city and state records.
Rental Unit Registration: What Does It Mean for Tenants? [Updated]
Owners of Beverly Hills rental property which is not exempt from rent stabilization must register each rental unit with the city’s rental unit registry. Registration starts in January. After the registration period closes in spring, a 15-day appeal window opens. The city then sends each rent-stabilized household a 'notice of rent amount reported by the landlord' If the reported rent is the amount paid then no action is required; an incorrect rent amount should be corrected through an appeal. But this is also an opportunity to see if the paid rent is the lawful rent. Here's what you need to know.
The Annual Rent Increase: What You Need to Know [Updated]
Each July City of Beverly Hills posts the maximum allowed annual rent increase percentage for Chapter 6 tenants that is available to landlords for a 12-month period concluding the following June. The percentage rent increase available for Chapter 5 tenants is recalculated each month. Both percentages are indexed to inflation but determined by different formulas. Like much about Beverly Hills rent stabilization it is complicated but poorly explained on the city's website. Let Renters Alliance explain the annual rent increase in plain language using specific examples.
Pass-Throughs and Surcharges: What You Need to Know
City of Beverly Hills allows the landlord to pass-through to tenants certain costs of doing business such as refuse collection and alley maintenance. And if the city hits the landlord with a penalty using too much water then the landlord can pass along 90% of that expense too. Longtime tenants may also pay for the landlord’s new roof, a paint job and even seismic retrofit because those capital expenses can be passed-through. Let us explain!
Parking During Our State of Emergency: What You Need to Know
At the emergency meeting on Monday March 16th city council agreed that certain parking regulations should be suspended during the local coronavirus state of emergency. With few people working or traveling, and with family members home, the demand for street parking may increase. Yet the order that closed businesses and prohibits evictions for non-payment includes no specifics about new parking arrangements. We did some digging. Here’s what you need to know.
Beverly Hills Eviction Moratorium: What You Need to Know
City of Beverly Hills proclaimed a local emergency in response to COVID–19 and literally the first order of business was the protection of tenants. Agenda item #2 read: Enacting a moratorium preventing landlords from evicting any tenant who is unable to pay rent as a result of losing income caused by COVID–19 for the non-payment of rent. The moratorium passed unanimously as part of the city’s emergency order. Here’s what you need to know.
Moratorium on the Rent Increase: What You Need to Know
City of Beverly Hills expanded its moratorium on eviction due to the COVID–19 emergency to also include a moratorium on the allowed annual rent increase. The provision is included in a new urgency ordinance which took effect on April 1st. However the rent freeze appears to apply retroactively to the date that the local emergency was declared: March 15th. Let’s take a closer look to see how it may apply to tenants who faced a rent increase.
Courts Can Process Evictions. What Does That Mean for Tenants?
The state policy-making body for the courts decided last week to sunset Emergency Rule #1 that puts the brake on unlawful detainers in Superior Court. The rule is providing immediate relief for tenants with cases in the eviction pipeline. But the greater effect is to prevent tenants from being summoned in such cases. Emergency rule #1 was issued by the Judicial Council in April in response to the pandemic but as of September it goes away even though we're stuck with the pandemic. What does it mean for tenants?
Moratorium on Eviction for Non-Payment: What You Need to Know
Beverly Hills city council has revised the moratorium on eviction for the non-payment of rent to add two important protections: it now prohibits any no-fault eviction including under the state’s Ellis Act (and stops the clock on evictions underway); and it puts the freeze on rent increases for residential tenants effective April 1st. But the most significant protection is against eviction for non-payment related to COVID–19. Here’s what you need to know.
How to Submit Your Complaint to City of Beverly Hills
City of Beverly Hills is slow to act on problems in the community because city hall undertakes no proactive enforcement of our municipal code. If an officer in the field witnesses a violation, he won’t take the initiative to open a case. Instead the city relies on residents to make a complaint, follow up, and if the problem goes uncorrected then to go through the process all over again. Submitting a complaint can be frustrating but don’t worry we have plenty of experience. Here is our guide to complaints and some tips to get the city to act!
Beverly Hills COVID-19 Rent Subsidy Round 1: What You Need to Know
Beverly Hills city council in September agreed to create a $1 million rent subsidy program to help COVID–19 affected tenants in the city pay the rent. The objective of the program is to provide a measure of stability to tenants in their moment of need. The program is also intended to benefit landlords by providing rental income that might otherwise be delayed due to COVID–19. But the devil is in the details. Here's how it works.
Local Moratorium vs. Tenant Act Which Rules Apply? [Updated]
The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 was signed by Governor Newsom at the end of August. Among other things, the legislation enacted the Tenant Act to establish a statewide framework for delaying rent due to COVID-19 financial hardship. It did so by preempting local moratoriums like ours. The Act also mandates a new process for requesting rent forbearance and, importantly, a new deadline for repaying back rent. What does it mean for Beverly Hills tenants?
Grant-Funded Home Repairs for Qualified Tenants
Did you know that the federal Community Development Block grant program provides free home repairs for tenants? It includes mobility enhancements, weather protection, water conservation and other aspects of apartment maintenance that may be long-ignored by the landlord. The only catch: households must income-qualify... and the landlord must agree.
A relocation fee is obligated whenever a tenancy in Beverly Hills is involuntarily terminated by the landlord. That can include major remodeling, demolition for redevelopment, condominium conversion or landlord use. Relocation fees are owed when a property is taken off the rental market. A relocation fee is not owed when a tenancy is terminated for cause (including the new ‘disruptive tenant’ termination). Here we explain the origin, purpose and limitations of the relocation fee.
No-Just-Cause Eviction: A Primer
we regularly hear from tenants unaware that the landlord can end a month-to-month tenancy for any reason or no reason at all. All that stands between the home we’ve made and a stomach-churning search for a new apartment is the landlord's good and 60 days notice. Here’s a primer on no-just-cause eviction: what it is, what to expect, and what you can do.
Interior Habitability: Weak Standard, Few Violations
Has your landlord shrugged at your request for maintenance or a repair? You are not alone! Longtime tenants in older buildings often can't get attention from the landlord even though those apartments are precisely where their attention is needed most. Electrical systems age and even contribute to fires. Old plumbing stops-up. Paint, carpet and fixtures wear. Yet many landlords don't take such complaints seriously because the law says they don't have to. Here's what you need to know about your right to a 'habitable' apartment.
Beverly Hills Affordable Housing Eligibility: What You Need to Know
City of Beverly Hills has guidelines for prioritizing the eligibility of applicants for affordable housing: seniors get first shot then families with children, etc. The guidelines have been on the books for years. But only recently has there been an opportunity to use them as a few new deed-restricted affordable units became available. Looking ahead to the decade ahead, more affordable units will come online so we thought it helpful to describe the process of qualifying with a focus on the guidelines that help to determine eligibility.
Excessive Heat Watch is Declared: How to Beat the Heat
Summer heat has arrived! We will see the temperature rise into the 90s this week so tenants without air-conditioning are urged to take care! Seniors who reside on upper floors of older buildings without air conditioning are the most vulnerable. Beverly Hills buries heat emergency information deep into the city’s website so we want to share some of the resources we’ve found to help keep cool.
How the COVID-19 Tenant Relief Act Affects You
Renters Alliance is hearing from tenants who have delayed paying rent and are now confused to receive a notice from the landlord about a new state law called the COVID-19 Tenant Relief Act (SB 91). Some have received a 15-day pay-or-quit notice and are wondering if they should have paid 25% of the rent due. Don’t be alarmed. For those who have delayed rent under the Beverly Hills moratorium those requirements may not apply. Let’s take a look at how the local and state moratorium differ.
Means and Method Plan: What You Need to Know [Updated]
Tenants should know that City of Beverly Hills requires an approved 'means and method plan' will be provided to tenants whenever permit-required work, like construction or remodeling, will occur in an adjacent apartment with an ongoing impact. The purpose of this requirement is to inform tenants about the nature, scope and duration of work; and to identify the impacts of that work and to identify mitigations the landlord will take to reduce those impacts if possible. This requirement is important because the plan helps tenants to hold a landlord accountable for unforeseen construction impacts and, too often, for careless construction practices. Unfortunately the city will not inform us about this requirement. So let Renters Alliance explain what it means to you!
If Recreational Marijuana is Legal, Why Can’t I Smoke It?
City of Beverly Hills in 2017 adopted a strict no smoking policy that extends to private spaces in multifamily buildings (including condominiums). The ban includes marijuana and the use of electronic smoking devices too. So despite voter approval in 2016 of the Adult Use of Marijuana Act (Proposition 64) the recreational use of marijuana in apartments is prohibited by the city. That may frustrate would-be stoners yet some households still complain about the neighbors smoking pot. Let’s take a look at this complicated issue.
The tenant with a rental housing problem in Beverly Hills has likely phoned in a complaint to code enforcement. Maybe the rent increase was too high; or property maintenance was lagging; or an eviction notice was posted. All of those inquiries once went to code enforcement but today our Rent Stabilization Program handles most of those calls. Thinking of making a complaint? Read our primer first!
Which Holidays Give Us a Break from Construction? [Updated]
City holidays should bring that rarest of qualities to our multifamily neighborhoods: peace & quiet from construction noise and impacts. We hear it day-in-and-day-out but holidays should be different. And indeed they are: the city suspends construction for which a permit is required on twelve days each year. Construction on any of these holidays should be reported to the police. Here's what you need to know about Beverly Hills construction holidays.
The Landlord Must Accept Third-Party Rent Payments
Landlords who resist accepting rent payments from a third party (someone who is not on the lease) should know that they must now accept that payment if the tenant also provides an acknowledgement that such a payment is not a basis for creating a new tenancy. This will be some comfort to a tenant who has to tap a friend for emergency assistance or even a relative who on a regular basis subsidizes the rent. Until Assembly Bill 2219 the landlord could refuse that payment. The state has you covered!
Electric Vehicle Chargers Upon Request: What You Need to Know
Electric vehicles have found a strong market in high-income Beverly Hills because state and federal rebates have taken some of the shock out of the sticker price and incentives exist for single-family EV home chargers. What about multifamily? More than half of Beverly Hills households have no access to at-home vehicle charging. To address it Sacramento enacted a law to require landlords to install an EV charger upon request but the law is not helping EV owners. Here’s what you need to know.
Tenant’s Challenge: Screening the Landlord
Time and again we hear stories about unprofessional or unscrupulous landlords and their managers. The ones that slow-roll repairs, engage in intimidation and harassment, and improperly withhold deposits. They are a minority of owners, sure, but tenants who do rent from these landlords share a lament: "I wish I had known before I rented." Can a prospective tenant screen her future landlord?
When Can the Landlord Enter My Unit? [Updated]
According to state law the landlord can enter your premises during business hours for any lawful purpose so long as the landlord provides proper notice. However this right is often abused by landlords. Indeed concern about unit entry is among the most frequent reasons a tenant contact the alliance. Some less-scrupulous landlords will bully tenants or suggest they can enter for any purpose. Others are simply unaware of when they can lawfully enter. On this topic the law is specific but complicated so we have prepared an explainer to help tenants identify unlawful entry and deny entry when necessary.
Mold in the Unit: It’s Complicated!
Mold is not always the product of water damage; sometimes it can grow in damp and humid conditions like a bathroom without ventilation. Here is what you need to know to take the first steps to address the problem.
Proposition 21’s Rental Affordability Act: What You Need to Know
When legislators in Sacramento won’t protect tenants then it’s up to the people to step up. On this November’s ballot is Proposition 21 which would roll back landlord-friendly provisions in state law enacted in 1995 under the controversial Costa-Hawkins Rental Housing Act. Tenants who rent in a building newer than 1995, for example, or who rent a condominium or single-family home can thank ‘Costa-Hawkins’ for allowing the landlord unlimited rent increases. Here’s what you need to know about Proposition 21 on November’s ballot.
Permit-By-Plate Preferential Parking: The Good, Bad and the Ugly
Since December Beverly Hills residents have been on notice that the city is changing-up the residential permit parking program. Gone is the simple application to the transportation division and rearview mirror hangtag. Now the application is online through a cumbersome third-party website. Starting in April, permits and exemptions will be validated primarily by license plate through BHPD. The city promises greater efficiency but the public pays a price in convenience — and in privacy. Let’s look at the good, the bad and the ugly.
What is Proper Notice for a Rent Increase?
Beverly Hills agreed on the maximum allowable annual rent increase for rent-stabilized households just days before the new percentages took effect on July 1st. Landlords who waited to learn the maximum percentages available were unable to raise the rent as early as July and unless they were quick on the draw they could miss the minimum 30-day notice deadline for August 1st. Some cheated the advance notice and others didn’t post the notice properly. We thought an explainer was in order: What is proper notice for a rent increase?
Fundamental Concept: The Annual Rent Increase
Rent control is intended to moderate the increasing cost of rental housing and to enhance the stability of households that rent. Local ordinaces typically include price controls, limited reasons for tenancy termination and regulation of rental housing conditions. Here we look specifically at price control: What does the 'maximum allowable rent increase' really mean?
Is the Landlord’s Rent Increase Lawful? Trust But Verify!
Beverly Hills is a rent control city which means the allowed annual rent increase for rent-stabilized tenants is regulated by a local rent stabilization ordinance. The ordinance determines the allowable rent increase and the city posts that percentage online. Sometimes the landlord raises the rent and a tenant will wonder, Is the landlord's rent increase correct or even allowed by law? Here we explain how to find the allowed percentage and verify that the rent increase imposed by the landlord is correct and lawful.
History of the Beverly Hills Rent Subsidy
Beverly Hills approved a $1M rent subsidy to tenants in the first year of the pandemic to provide up to $1,000 per month for a maximum of three months to an eligible rent-stabilized household. Restrictions on eligibility meant that only one hundred households saw rent relief. Council then proposed a second round subsidy to disburse the balance of program funds but could not come to agreement on a framework for the subsidy or eligibility criteria. That was nearly a year ago and in the meanwhile tenants have asked, What happened to the rent subsidy? We went back in time to document exactly where this program went off the rails.
Must the Landlord Provide a Locking Mailbox? Yes!
In ambling around the city’s multifamily residential areas we sometimes see the telltale signs of dilapidation. When we peek inside the vestibule we are likely to see mailboxes that are broken and doors that are agape without a functioning lock to secure them. The Postal Service requires locked mailboxes to protect mail recipients from mail theft and identity theft. And that is the responsibility of the landlord. But some landlords overlook the obligation and even refuse to repair mailboxes at a tenant's request. One tenant's complaint sent us down the rabbit hole to learn exactly what are the USPS standards for mailboxes -- and what we should expect from the landlord that provides it.
Eviction Resources for Renting Households
We expect more renting households to come fact-to-face with the eviction process over the next month or two than over the past three years. The Los Angeles County moratorium expired in March. The Beverly Hills moratorium was allowed to expire last May and June 1st rent repayment deadline now looms with no prospect of extension. Households that cannot pay the rent or the rent arrears may find a 3-day pay-or-quit notice posted. Shortly thereafter comes the court summons for unlawful detainer. What's a tenant to do? Here we present webinars, books and tools to explain the eviction process.
Winter Rains Bring Water Leaks: What Should You Do?
Days of nearly nonstop rain in Southern California are a reminder that big problems like water leaks can strike. But not every landlord is responsive. What if your apartment springs a leak and your landlord is in no hurry to address it? We recap the remedies available to the tenant.
Campaign Signs: What You Need to Know
Election 2020 is fast-approaching and that means our city council candidates need to capture the attention of voters. It is a battle waged in the pages of local newspapers and in mailboxes, of course, but increasingly on front lawns too. Campaign signs are the wildflowers of election season: first there's a few, then many, and before you know it they're all gone. The law allows tenants to display a sign but is ambiguous on whether a tenant can display a yard sign.
TCM Fest O’Pests Reminds Us: Close Those Gaps!
Turner Classic Movies today screened a few entomological-themed films that are guaranteed to make the insect-phobic squirm. Them (1954) and Genocide (1968) play on our fears that when insects organize against us we don’t stand a chance. We can’t beat ‘em! Yet we can’t join them. 'The Fly' (1958) and 'Wasp Woman' show the horrors of human-to-insect transmutation. The TCM Fest O’Pests is a reminder to all of us to take a look around our apartment and ask, is it as pest-proof as it could be?
County Moratorium Continues No-Fault Eviction Protection (Except for Landlord Use)
Beverly Hills rent-stabilized households lost an important eviction protection when the moratorium expired: starting June 1st a tenancy could be terminated for redevelopment, remodeling, condo conversion, or any reason enumerated in the Beverly Hills rent stabilization ordinance. Households that rent a single-family home or condominium in Beverly Hills have it worse: they can be evicted for any reason or no reason at all with only 60 days notice. These households generally have no protection under local or state law. However the Los Angeles County moratorium does put such no-fault evictions on hold through December of 2022 although with one caveat: landlords can still move-in a relative. Let’s take a closer look at the county moratorium protection.
Ellis Act Evictions: Senior and Disabled Occupants Get More Time
Localities in California are allowed to regulate the price of rental housing and even to impose restrictive conditions on evictions. However a locality cannot force a residential rental property owner to stay in the apartment leasing business. The state’s Ellis Act allows the landlord to exit the business by evicting all tenants for redevelopment or some other purpose with only 120 days notice. Senior and disabled tenants can stay in their home for up to a full year. That additional time is useful for finding replacement housing and it provides additional leverage if the household negotiates a cash buyout. Here is what you need to know.
Exterior Maintenance: Our Code Violation Spotter’s Guide
You are reading this guide because you are probably tired of seeing your apartment building fall into disrepair. Maybe you wondered why an owner would run into the ground his own investment. It is because some Beverly Hills landlords treat their apartment houses like a consumable: they pull out the cash without reinvesting in the maintenance. We have laws against dilapidation. Why doesn't Beverly Hills enforce them?
If Gas-Powered Blowers are Banned, Why Are They Still Around?
The California Air Resources Board has finally clamped down on gasoline-powered leaf blowers by banning the sale of new machines starting in 2024. It is about time! This scourge of urban living has gotten a free pass from regulators for far too long. Localities have been banning them for years — Beverly Hills outlawed them in 1978 — yet these portable, point-source pollution emitters remain an everyday nuisance for residents everywhere.
How to Register for Beverly Hills e-Notices
Beverly Hills provides a service called 'E-notice' that will send city notices by email. The link to the subscription service is in the footer of the city website. Click though and you're greeted with a blank login screen (above). There is no information about the service or why it is useful. Registration is at least a three-step process. But it's worth it to receive rent stabilization division announcements and Rent Stabilization Commission agendas. We walk you through the sign-up process.
Holiday Construction is a No-No in Beverly Hills
Is this story familiar? You wake up on a holiday like Presidents Day. Pour a cup of coffee and enjoy the peace & quiet. Two guys hop out of an unmarked junk van with a contractor’s saw and a stack of plywood and set up shop on the front lawn. With loud banging they begin to remodel an apartment in the building. Who do you call on a weekend or holiday when city hall is closed?
The Landlord-Tenant Law Layer Cake Explained
Landlords generally know landlord-tenant law. They deal with it all the time on a professional basis. They also get a big assist from well-funded industry associations at the local, regional, state and national levels. But tenants are seldom familiar with the laws that govern every aspect of our tenancy. Here's the situation in a nutshell.
Support and Service Animals: Know Your Rights!
Farm animals like pigs and peacocks may not seem like a good fit for an airplane cabin, yet they would qualify as ‘emotional support’ animals in an apartment under federal rules. Tenants can use federal disability law to to keep the landlord from turning away a pet. Here we take a closer look at the tenant's options when the landlord doesn't welcome Fido -- or that peacock!
Negotiating for Pets: Tips for Success
Federal disability law recognizes what most pet-keepers already know: our furry friends provide valuable emotional support. That's why certain animals are afforded protection in rental housing. But most pets are not officially designated as service or support and we depend on landlords choosing to accept a pet. Here are a few tips to help Fido or Feline find a home in our new apartment.
Can the Landlord Show My Apartment to Prospective Tenants?
We are occasionally contacted by tenants who say the landlord wants to show their apartment to prospective tenants even though the current tenants haven't yet left. Sometimes the landlord wants to walk a prospective buyer through. Is that something a tenant has to allow? Generally speaking yes because the law allows it. Let's take a look at the relevant law and we will offer some suggestions should the landlord come calling.
Moratorium on No-Fault Eviction: What It Means
The revised emergency measures related to COVID–19 adopted by Beverly Hills is notable for the moratorium on eviction for non-payment of rent and the moratorium on rent increases. But as important is a moratorium on no-fault eviction. State law allows for terminating a tenancy for reasons where the tenant is not at fault and localities are preempted from stepping in with more restrictive regulation. But that’s gone out the window during this emergency. Here is what you need to know about no-fault eviction.
Forbearance is Not a Standard Rental Agreement Clause
Rental agreements are legally enforceable contracts that specify the terms of tenancy. Among the most clear of those terms is the timely payment of rent. Every rental agreement identifies the rent amount and the due date. But nowhere in the agreement will there be a forbearance clause: the provision that would keep the landlord from moving swiftly to retake possession of the premises in the event of nonpayment. What to do when a tenant is caught short when the first of the month comes around?
Major Remodeling: What You Need to Know
A neighbor asked a good question about the ‘major remodeling’ provision of the rent stabilization ordinance: “What if the landlord is giving false information to tenants about remodeling a property just to get us out?” The question is relevant because we are seeing more properties emptied for remodeling and repositioning. But remodeling comes at a cost: tenant displacement. Let’s look at our rights when the landlord wants to remodel.
Qualified Tenant Subsidy: Help When the Rent Is Too Damned High
One of the ideas to emerge from the City Council’s rent stabilization discussion concerns a ‘qualified tenant' benefit. Those who pay too much in household income for rent could find relief from the city. An estimated 400 households could qualify under the program. The objective: to cushion rent increases with a cash subsidy. Councilmember Bob Wunderlich proposed to target rent stabilization protections to tenants "who really need it.” What's it all about?
Terms Explained: Habitable vs. Tenantable
Tenants are often surprised to learn that a landlord need not repaint on a schedule or replace worn carpet. He need not repair sinks that drain slowly or improve low-amp electrical service. That's because state law requires nothing more of the landlord. Tenants deserve a higher bar. We need a local habitability standard!
Think Like an Inspector When Viewing an Apartment
Before signing a lease it is prudent to know what you are getting into. That means a close reading of lease terms and taking a good look at the apartment. Does it reflect professional maintenance? Have low-budget handymen cut corners over the years? What needs repair today? Think like a housing inspector and avoid unpleasant surprises later
Repair-and-Deduct: Proceed With Caution!
Tenants are allowed to deduct from the rent the cost of a repair when the landlord won't make it. Colloquially it’s known as ‘repair-and-deduct’ and the logic is straightforward: the rental agreement says you pay your rent and the landlord maintains the premises. But like so many tenant protections, this one too comes with practical limits. Beware!
Unauthorized Occupants Could Trigger a 3-Day Notice
Taking in a roommate or a long-term guest seems innocuous enough. Maybe it's a means to pay the rent or a goodwill gesture to a friend or family member. But the presence of unauthorized occupants may be a breach of the lease or rental agreement. So it's always smart to read what it allows and then secure permission from the landlord if necessary. Lets look at a couple of situations that may get the unwitting tenant into some trouble.
Mills Act: The Key to Multifamily Preservation?
The Mills Act is a state tax incentive that allows a locality to reduce the local tax obligation incurred by a designated historic property in exchange for a 10-year contractual commitment to restore and rehabilitate the resource. Today the Beverly Hills Mills Act program counts six local historic register properties under contract including one multifamily rental property (on South Rexford). City Council indicated some interest to expand the program to more multifamily properties. Will the program help us retain the properties that give our neighborhoods character?
Tip: Avoid the Carpet Cleaning Bait-and-Switch
Longtime tenants know this story: worn carpets long past their prime get to looking downright threadbare. As pleas for renewal find no sympathy from the landlord, the tenant's fingers do the walkin' looking for a cheap carpet cleaner. There are none! There are only cheap quoted prices. Once the job is underway the price changes. Here's what to expect!
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