Legal Question in Real Estate Law in California

What laws are required (if any) in order for me be able to rent my house ?

I live in CA, what laws are required(if any) to rent my house out as residential?(the house is paid for).


Asked on 8/10/01, 5:26 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What laws are required (if any) in order for me be able to rent my house ?

There aren't many absolute requirements, but as any experienced landlord will tell you, there's a lot you need to know about the rental business in order to avoid tenant problems and liabilities.

First, you should make sure there are no deed or zoning restrictions on owners renting their places. These are unusual, but not unknown, especially in condominiums.

Next, see what local ordinances might require. Some rent control ordinances require, I believe, that landlords register their properties. These ordinances vary from city to city, and many cities don't have any at all.

Obviously, you can't rent to four separate families if the zoning is for single-family residences.

I would recommend hiring a home inspection service to make sure you're legal and safe on items like smoke detectors, condition of furnace, wiring, door locks, etc. Some locations have deadbolt requirements. The inspector's report can also serve as proof of the condition if there is damage later on.

For both legal and practical reasons, your rental property needs to be in compliance with codes and "tenantable." The definition of this is pretty technical but unless your house is in very poor condition (e.g., toilets don't work) you're probably OK but get an inspection anyway.

You should make sure your insurance covers the proposed rental situation (hazard and liability) and consult with a tax advisor or accountant about reporting income, how to deduct depreciation and operating expenses, and so forth.

Finally, be aware that dealing with tenants involves (often at least) alot of hassles and grief. You can minimize your exposure to problems by obtaining and reading one of the so-called "self-help law books" on the general subject of how to be a landlord. An exaple is Nolo Press's "Landlord's Law Book" by Brown and Miller.

You might consider using a professional property manager to relieve you of (most of) the time and worries, like calls at 2 a.m. about flooded basements or leaky roof.

Good luck.

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Answered on 8/10/01, 10:48 pm


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