Sacramento Report
by Debra Carlton
With the passage of AB 2330 (Migden) and SB 1403 (Kuehl), state landlord/tenant law has changed dramatically in several areas. The resulting effect of these two new laws means significant changes in many of the California Apartment Association (CAA) rental housing forms. In fact, more than half of all CAA forms have been modified.
The CAA Forms Task Force members had their work cut out for them this year. The committee reviewed nearly 150 pages of forms, documentation, and suggestions for modifications. Then they reviewed all the draft forms. At this time, we would like to thank the committee members—made up of property owners, property managers and landlord/tenant attorneys—for their significant effort this past year.
The following is a brief synopsis of some of the major changes to the forms:
Rental Agreement/Lease Agreement
The main statutory changes that occurred in the rental
agreements include a change in the paragraph relating
to the landlord’s entry into
the unit, as well as a change in the termination clause.
The committee also approved some additional edits that
either added further
protections for owners or made the form easier to use.
(Please note: this form is probably not compatible with
the San Francisco Rent
Ordinance, the SFAA strongly suggests using the PPMA
Lease.)
Thirty-Day/Sixty-Day Notices
to Terminate Tenancy
As a result of SB 1403, owners must now give a 60-day
notice when terminating a resident who has been in possession
of the unit for
more than one year. The Forms Task Force adapted the
form for statewide use that was previously used in the
cities of Santa Monica,
West Hollywood and Los Angeles. In addition, to comply
with AB 2330, these two termination notices also address
the resident’s option to
request an “initial inspection,” prior to
moving out of the rental unit. (Please note: this form
is rarely used in San Francisco due to rent
control.)
All Three-Day Notices (Pay
or Quit, Perform Conditions or Quit, Quit for Breach)
Because the tenancy can terminate as a result of any
three-day notice, these notices have also been updated
to address the resident’s
option to request an “initial inspection.”
Move-In/Move-Out Itemized Statement
(Form 16.0)
This form contains the most changes. It is to be used
on three different occasions—at the move-in walk-through,
the initial inspection prior
to move-out and the final inspection after the tenant
moves out. This form contains all the disclosures required
by AB 2330. The owner or
the owner’s agent must leave a copy of this form
in the unit after the completion of the initial inspection.
The furniture inventory was also
changed to meet these same parameters. We strongly recommend
that you use this form (CAA Form 16.0) as the detail
for the final
deductions from the security deposit, outlined in the
Itemized Disposition of Security Deposit (CAA Form 18.0)
that the owner mails to the
resident within 21 days after the tenant moves out.
Notice to Enter Dwelling Unit
(CAA Form 19.0)
The Forms Task Force added the “initial inspection”
to this form as one of the legal reasons for entry.
The Notice to Enter now must be in
writing and must be served on the resident prior to
entry. The committee elected to put a “proof of
service” directly on this form.
New Forms
CC&R Addendum (CAA Form 2.9) – This form is an addendum to the Rental or Lease Agreement when the property is regulated by covenants, conditions and restrictions (CC&Rs). As a result of this addendum, two old forms were eliminated: the Condominium Rental Agreement and the Lease Agreement (2.0-C and 2.1-C).
Notice of Conditional Acceptance (CAA Form 3.3)—Owners use this form when they accept an applicant whose credit or income may not meet the owner’s standard qualifications and, as a result, this new resident is required by the owner to pay a higher rent or higher deposit.
Notice of Resident Option to Request Initial Inspection (CAA Form 7.5)—Pursuant to AB 2330, this form can be provided by the owner to the resident informing them that he/she has the right to an initial inspection.
Web Resources
There were many more forms that were updated for 2003. Please see CAA’s Web site or contact the SFAA for a complete list.
All CAA forms are available for members to download at no charge on the CAA Web site at caanet.org. The 2003 forms have already been updated on the site. We have also restructured this “Free Forms” section in an effort to make the forms easier to find, and to provide more information about how and when to use the forms. Printed and padded forms should be available by the beginning of the new year. For more information regarding CAA, please go to caanet.org.
The opinions expressed in this article are those of the author and do not necessarily reect the viewpoint of the SFAA or the SF Apartment Magazine. Debra L. Carlton is the Vice President of Policy and research for the California Apartment Association and is CAA's chief lobbyist. Copyright © 2003 San Francisco Apartment Magazine