Wednesday, October 19, 2016

No Fee Credit Check for Landlords

Before renting to a new tenant, always run a credit background check. Experian, one of the major credit reporting agencies, provides a service designed just for landlords, called Experian Connect. Simply:

Send A Request – All you need is the prospective renter's name and email address to request a credit check for landlords

Get Authorization – Your prospective tenant will purchase their credit report and score for and grant you private access

Check Renter's Credit – You will receive a notification when their credit report is ready for you.

When you run a landlord background check through Experian, you can be assured you are seeing the renter's verified information directly from the credit bureau and not from a potentially fraudulent printout, fax or scanned copy.

Verify that the applicant’s identity information matches what's in their rental application. Look for a history of late payments, collection accounts, charged offs or major issues such as bankruptcies, tax liens and evictions. Calculate current debt to ensure they can afford the rent payment. Contact the renter’s employer and previous landlords.

Experian claims to be the first and only CRA to include rental payment data in credit reports.


Monday, August 29, 2016

Non-compliant Plumbing Fixtures must be Replaced

California civil code 1101.1 – 1101.8 calls for all non-compliant plumbing fixtures to be replaced with water-conservation fixtures by January 1, 2017 for single-family residences, and by January 1, 2019 for multifamily residences as well as commercial properties.

Non-compliant fixtures are defined as follows:


  • Toilets that use more than 1.6 gal/flush
  • Urinals that use more than 1 gal/flush
  • Showerheads that have a flow capacity more 2.5 gal/min
  • Interior faucets that have a flow capacity more 2.2 gal/min


Non-compliant fixtures may need to be replace prior to this date in order to get permit approval for certain building alterations or improvements.

When selling a multifamily residence (or commercial property) on and after January 1, 2019, the seller must disclose to the buyer this requirement and, whether the property includes any noncompliant plumbing fixtures.

Plan ahead and budget for these plumbing upgrades over the next 2 1/2 years. As we discussed in an earlier blog, toilets tend to be largest household consumer of water; so replace toilets first and begin saving on your water bill. 


Monday, May 30, 2016

Mountain View Moves a Step Closer to Rent Control

Mountain View’s Rental Housing Dispute Resolution Program ordinance 6.16 went into effect May 26, 2016.  This ordinance provides a mandatory dispute resolution process for certain tenant/landlord disputes including rent increases exceeding 7.2% within a 12 month period, as well as reductions in services.

The ordinance also imposes the following requirements on landlords:

  • Apartment complexes of 3 or more units in a single structure must be registered with the city

  • No more than 2 rent increases within a 12-month period

  • Landlords are required to provide tenants a copy of the Mountain View Rental Housing Dispute Resolution Program (RHDRP) Notice when upon renting a unit, renewing a lease or increasing the rent. A copy of the notice can be downloaded from the city web site.  http://www.mountainview.gov/depts/comdev/preservation/mediation.asp


Earlier this year Mountain View passed the Right to Lease ordinance 5.16, which requires landlords to offer tenants option of a 6-month lease and a 12-month lease. Landlords, at their discretion, may also offer a month-month option, but this option cannot be at a lower rental rate than the lease options. http://www.mountainview.gov/depts/comdev/preservation/right_to_lease_ordinance.asp

The RHDRP ordinance does not impose binding arbitration and is a far cry from strict rental caps, however, it does start to impose modest obstacles to rent increases.


The Mountain View Tenants' Coalition filed a rent control initiative that would limit annual rent increases to between 2 and 5 percent, with the exact rate tied to changes to the Bay Area Consumer Price Index, a measure of inflation. The initiative also calls for a just cause ordinance, which would require landlords to have specific reasons, such as non-payment or lease violations, to evict tenants. Tenant advocates will need to gather 4,761 valid signatures by mid to late June in order to ensure the measure will appear on the November ballot.

Monday, March 14, 2016

2016 Smoke & CO Detector Compliance

Be sure your rental units are in compliance with the current smoke detector and carbon monoxide (CO) laws.  California Health and Safety Code 13113.7(3) states:

On or before January 1, 2016 the owner of a dwelling unit intended for human occupancy, in which one or more units are rented or leased, shall install additional smoke alarms, as needed, to ensure that smoke alarms are located in compliance with current building standards.

Where are smoke detectors required?
  • Every sleeping room
  • In the vicinity outside of every sleeping room
  • At least one on each floor of the home

Also note that smoke detectors installed or replaced after July 1, 2015, that are solely powered by batteries, must contain a sealed battery that is rated to last at least 10 years.

It is not clear as to when previously installed, functioning smoke detectors with removable batteries must be replaced.  I recommend you replace them with the sealed battery types as soon as possible in order to avoid any liability.
Also note, as of January 1, 2014, landlords cannot make the tenant responsible for testing or maintaining the smoke alarms. It is the landlord’s responsibility. This recent law change does not mandate the frequency of owner inspections. However, landlords have a duty to inspect the premises upon entry for any purpose. Inspections need not be thorough, but landlords are liable for any dangerous condition that is observable by a reasonable person. Thus, if a smoke alarm defect can be reasonably ascertained visually during a landlord’s visit to the unit, the landlord needs to repair or replace the device.
Where are carbon monoxide (CO) detectors required?

CO detectors shall be centrally located outside of each separate sleeping area in the immediate vicinity of the bedrooms and at least one on each level of the home.  The detector shall be located on the wall, ceiling or other location as specified in the installation instructions that accompany the unit.

Carbon monoxide tends to diffuse evenly throughout the room. It is slightly lighter than air, so carbon monoxide alarms are effective when placed on the ceiling or high up on a wall. Detectors can be mounted just about anywhere with a few exceptions. They should not be mounted on the wall within 6 inches of the ceiling. This “pocket” is considered dead air that does not circulate or mix well with the rest of the air in the house. 

Tuesday, January 19, 2016

2016 New Laws for Landlords

Mountain View Passes Right-to-Lease Ordinance

Effective January 7th, a new Mountain View law mandates that landlords offer new tenants the option of a 6-month and 12-month lease. These lease options can be in addition to a month-month option. However, the rent amount for the lease options cannot be higher than the month-to-month option. The intent of this new law is give tenants the security of rent stability for a set period of time.

Landlords are required to notify new and existing tenants of the ordinance in writing. For units currently rented on a month-to-month basis, landlords have until March 1st to offer them the two lease options.

Further information, a copy of the Right-To-Lease Ordinance and a copy of the official tenant’s Right-To-Lease Notice (in 4 languages) can be found at: www.MountainView.gov/RTLO

This ordinance applies to landlords who rent three or more dwelling units housed in a single structure.


Notice of Pesticide Use


Existing law requires licensed pest control operators to provide to tenants written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement prior to a pesticide application.


This addition to the civil code mandates that when pesticides are about to be applied to rental property by the landlord or an authorized agent, rather than by a licensed pest control operator, potentially affected tenants are provided with substantially the same written notification that they would have received under existing law had the pesticides been applied by a pest control operator.