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Posts Tagged ‘Habitability’

New California Legislation Tackles Bed Bug Problems in Rental Units

Written by David Roberson, Esq. on . Posted in For Tenants, Landlords, Non-Owner Occupied Properties, Property Management

July 1, 2017 Implementation

Bedbug_california-law-bookThe California legislature has determined that bed bugs are a significant habitability issue in rental properties, so much so, they have drafted and passed Assembly Bill 551 which imposes new disclosure requirements on landlords, property managers, and owner of rental properties.  Beginning July 1, 2017 the new law modifies California Civil Code Sec. 1941.1 and requires landlords, property managers, and owners to provide a prospective tenant (and all other tenants by January 1, 2018), a written notice which provide information about bed bugs, including identification, biology, typical behavior.  Importantly, the notification requires tenants to cooperate with landlords, property managers, and owners with prevention and treatment procedures, including the importance of prompt writing reporting by the tenant regarding suspected infestations.

Why Most Landlords Don’t Know Habitability Standards

Written by David Roberson, Esq. on . Posted in For Tenants, Palo Alto, Property Management, Silicon Valley Real Estate Investing

AA Habitability Sign how-to-handle-maintenance-habitability-issues-4-638Over the years I took the deposition of several landlords – each of whom did not know the first thing about what the term “habitability” meant, nor could they articulate the law with respect to their requirements as a landlord.  “[I]gnorance of the law is no excuse,” and many landlords and property owners have managed to skate by without knowing they are violating the law when it comes to habitability of rental units.  California Civil Code Section 1941 et. seq. states in pertinent part that “a rental unit is required to be fit, or habitable, to live in and rent by tenants.  The rental unit must substantially comply with local and state building, health, and safety codes that materially affect the tenant’s health and safety.”  In California landlords and tenants each bear responsibility for certain kinds of repairs – however landlords ultimately are legally responsible for making sure the rental unit is habitable.

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