1/22/2018

Two New California Landlord/Tenant Laws for 2018

Numerous laws have been passed or updated in recent years dealing with and regulating landlord/tenant relationships, which should be of interest to all property owners who lease or rent out property.

Flood Disclosure - Effective July 1, 2018, a new law requires a landlord (or the agent) to disclose in writing in every written agreement entered into on or after 7/1/2018 information about flood hazards, including the landlord's "actual knowledge".  This disclosure consists of pre-printed language about floods, services, and renter's insurance, and 2) the owner's knowledge if the property is located within a flood zone.
Special hazard areas in which flood insurance is required and flood inundation areas from dams are included in this disclosure.  If the owner has or is currently carrying flood insurance or received public notice concerning being in such an area means the owner has "actual knowledge".  Should the landlord use a Realtor for a lease/rental after this date, this law will be complied with through a Realtor form available starting in June, 2018.

Protection of Immigrants in Residential Housing - A new law concerning residential housing, part of a group of 11 new laws protecting immigrants, prohibits any threat to disclose information relating to immigration status with the intent of "harassing, intimidating or retaliating, or influencing a tenant to vacate".   This new law explicitly states that the landlord may disclose information as part of complying with legal obligations under federal law. Landlords  are advised to understand and comply the new definition of immigration and citizenship status in order to avoid the monetary penalties which could be imposed by this law, which are in addition to all other damages. Landlords, as a best practice, should verify all financial qualifications and necessary identity of a prospective tenant before approving a tenant to take occupancy.

If you would like to know more about this and other landlord/tenant requirements, please contact me for more complete information as provided through the California Association of Realtors
, or contact your legal advisor.

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