Rent Watch Rent Watch (March 26, 2004)

QUESTION: The rental management company I employ says there is a new law that prevents an eviction from being listed on a tenant's credit report. Is this true?

ANSWER: The management company is probably referring to changes in the disclosure of eviction court records covered by California Code of Civil Procedure Section 1161.2(e). Before Jan. 1, 2004, even when a tenant prevailed in an Unlawful Detainer or eviction court case, the eviction could still appear on the tenant's credit report or housing report.

Under the new law, all eviction records are closed to the public for the first 60 days after a landlord files an eviction case, also known as an Unlawful Detainer. If the tenant wins in court, the court records are to be permanently sealed within 60 days after the landlord's initial complaint was filed. If the landlord wins, the records are not sealed and they become available to the public, including credit reporting agencies once the initial 60 days has passed.

Though it is still legal to reject an applicant who won an eviction case, it will be harder for landlords to learn of these cases. Contact your local housing program if more information is needed.

QUESTION: I'm familiar with the requirement to offer a walk-through inspection about two weeks before a tenant moves after giving or receiving a 30 or 60-day notice to move. What is the rule when a tenant moves after receiving a 3-day notice to pay rent or quit?

ANSWER: As you have stated, since Jan. 2, 2003, a tenant vacating under normal circumstances is entitled to notification of their right to have a 'pre-departure' walk-through inspection with the landlord or agent approximately two weeks before their move-out date. Effective Jan. 1, 2004, Civil Code 1950.5 was modified so that a tenant who voluntarily moves or is evicted after being served a proper 3-Day Notice to Perform Covenant or Quit or a 3-Day Pay Rent or Quit notice is not entitled to a pre-departure inspection. The law does not prohibit a landlord from performing a final inspection once the tenant vacates. Final inspections are a good practice regardless of how a tenant vacates because a landlord is still required to properly account for the tenant's security deposit.

QUESTION: I manager a large apartment complex and try to keep up with the new laws as best I can. A friend told me there is a new rule about gender discrimination. Can you explain what this means?

ANSWER: Rules covering gender discrimination are now set forth in California Government Code Section 12926. This statute says landlords or their agents may not refuse housing on the basis of a person's gender or gender identity. This means that landlords may not refuse to rent to someone who has changed, or is in the process of changing his or her gender through hormone treatment, surgery, or both. If an applicant's dress and/or mannerisms do not match a landlord's expectation for that individual's stated gender identity, the landlord cannot legally refuse to rent on that basis. Contact your local housing program if more information is needed.

QUESTION: My landlord and I are very good friends. We both feel uncomfortable about requiring her to give me a written notice to enter my unit whenever repairs are necessary. We want to just talk to each other instead of being so formal. Would we be breaking any laws?

ANSWER: You and your landlord are in luck. Effective Jan. 1, 2004, there was a change to Civil Code 1954 that covers entry into rental property. The code now requires that a notice to enter list not only the date but also an approximate time and purpose of the entry; and, here is where you come in, the code also now allows for oral agreements. As with written notices, the oral agreement must include an approximate time, purpose of the entry, and must be completed within one week of the agreement. As long as you two remain good friends, an oral agreement may work, but remember that oral agreements are always subject to the danger of misunderstandings. Even between friends, it might be a good idea to write down the details.

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