Question: Do landlords still have to inform prospective applicants about the existence of a data base of local registered sex offenders, or is it considered common knowledge? The law was established in 1998.

Answer: Every lease or rental agreement for real property must contain a specific written notice that a prospective purchaser can access the data base maintained by the California Department of Justice that contains information about registered sex offenders. The following paragraph, taken from our California Landlord Solutions disclosure form is an example of the notice you may want to use.

The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a “900” telephone service. The number is 1-900-448-3000. Callers must have specific information about individuals on whom they are checking. Information regarding neighborhoods is not available through the “900” telephone service.

Question: May I legally refuse to rent to an applicant because she has a waterbed? May I charge a higher security deposit to a tenant with a waterbed?

Answer: According to Section 1940.5 of the California Civil Code, a landlord may not refuse to rent a property built since 1973 to a qualified tenant solely because that tenant has a waterbed if the prospective tenant furnishes to the landlord a valid waterbed insurance policy or certificate of insurance for property damage for at least $100,000. This Code section contains a number of other details for landlords and tenants regarding waterbeds, including weight limitation as dictated by the floor load capacity of the rental property, installation and maintenance requirements and notice of same, and the landlord's right to inspect the bedding installation.

A landlord may increase the security deposit in an amount equal to one-half of one months' rent and may charge a tenant a reasonable fee to cover administration costs. 

Question: May a manager or landlord could legally deny access to a rental to smokers? Or could a smoker be considered addicted to a legal drug (nicotine) and protected under the status of handicapped?

Answer: While I am not aware of any case law regarding this issue, I suspect a case could be made that smoking is an addiction, covered under the handicapped/disability classification of the Fair Housing Laws. However, it is legal to prohibit certain activities, such as smoking, on the rental premises.

Therefore, a manager/landlord may want to consider advertising the rental property as a “non-smoking” property. S/he should also be sure the lease agreement prohibits smoking in or on the premises. Keep in mind that, in order to comply with Fair Housing laws, you should always advertise the property, not the tenants you are looking for!

Question: I am considering renting to three roommates. They seem like nice young people, but they are all moving out of their parents’ homes for the very first time. Their parents have volunteered to be co-signers of the rental agreement. I have agreed to have them as co-signers and want them each to guarantee the entire amount of the rent. They object, saying that each should be responsible for only one-third of the rent. Your opinion, please, as to what the fair (and safe!) thing to do is!

Answer: The purpose of co-signers or guarantors of the rental agreement is to establish who, other than the residents, will be liable for the rent and other monies due under the rental agreement. Co-signers or guarantors are often used when an applicant has bad credit, or perhaps in the case of the young people in the above example, no credit, as they are living on their own for the first time. A co-signer or guarantor may also be used when the landlord is not convinced that the applicant has the financial ability to pay. Perhaps the applicant has had past credit problems.

Your rental agreement calls for (or should call for) all of the tenants to be “jointly and severally liable” for the payment of rent. This means that each of the tenants is responsible, in full, for the entire rental amount. If one roommate moves out, the other two who remain in the property must pay the full rent, not just two thirds of it. By the same token, you want all of your co-signers to be liable for the entire amount of rent, not just one third each. Your requirement that they each sign that they will be “jointly and severally liable” is reasonable.
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Question: What Can I Legally Say About My Former Tenants?

Answer: This question arose after the issue in which we discussed tenant history and how to ask the right questions. 

That article was written from the perspective of the landlord who is investigating an applicant. 

But sometimes, the shoe is on the other foot. As a landlord, you may get a call from another landlord or property manager who is investigating an applicant who is your current or past tenant. What can you say?

The basic rule is to follow the advice given by Joe Friday (from the TV show, Dragnet, for those of you old enough to remember!), and that is, "The facts, ma'am, just the facts." 

Do not give personal opinions or feelings about your tenant or former tenant.

What do most landlords want to know? They want to know if the tenant paid the rent on time. 

If the tenant did pay on time, say so; if he did not pay on time, say so only if you have written records such as ledgers, to prove what you say.

What if the tenant in question has been given notice to vacate or is being evicted? Again, just the facts regarding history of rental payment that you can substantiate.