Why Do DIY Landlords Underestimate Local Rent Control Laws in the Central Coast Market

San Luis Obispo property management helps landlords understand rent control regulations. This includes how much they can raise rent, how much notice they must provide tenants, and eviction regulations.

According to RentDataNow, the average rent in San Luis Obispo is $3,203 per month. It’s been falling thanks to strong rent control laws that landlords need to understand if they want to get into the local market.

Assuming You Can Raise Rent However Much You Want

One of the most damaging landlord legal mistakes regarding rent control is assuming you can raise rent whenever and however much you want. You may not have had the time yet to look up the regulations behind this.

The most widespread rule for rent in California is the California Tenant Act. It applies across the state.

Landlords can raise rent by up to 5% of the local CPI or by 10% in total, whichever is lower. It also says you can’t raise rent more than 10% in a single year.

San Luis Obispo doesn’t have any city limits to check, but others in California do. Be sure to check them to avoid compliance issues with other local tenant protection laws.

Not Remembering Notices

Being able to raise rent whenever they want is only one of the assumptions landlords make. Another is that they can change rent without notifying their tenants.

You must give written notice 30 days in advance if you’re raising it 10% or less and 90 days in advance if it’s over 10%. 

This can be hard for busy solo landlords, but it’s an essential step. Rent increases are generally considered invalid unless you do.

Misunderstanding Exemptions

Understanding what a law doesn’t allow can be just as complicated as understanding what it does. Solo landlords can get themselves in trouble by misunderstanding or skipping the major exceptions to rent control laws.

California AB 1482 exemptions include:

  • Housing certificates issued within the last 15 years
  • Single-family homes and condos not owned by a corporation or REIT
  • Owner-occupied duplexes

The Costa-Hawkins law is from 1995. It’s meant to work in tandem with California AB 1482. It has exceptions of its own, including:

  • Any property with a separately alienable title, such as single-family homes and condos
  • Any unit with a certificate of occupancy after February 1, 1995
  • Accessory dwelling units
  • Owner-occupied buildings
  • Non-permanent residences

It also adds vacancy control. A city can’t force a landlord to keep restricted rent when a tenant voluntarily moves out.

Ignoring No-Fault Eviction Rules

Wrongful eviction liability is one of the most common liabilities that landlords face. It does relate to rental payments, but it’s often misunderstood.

Under AB 142, there are two types of legal grounds to evict a tenant. At-fault evictions relate to their actions, such as:

  • Non-payment of rent
  • Lease violations
  • Criminal activity
  • Refusal to allow a new lease with similar terms
  • Refusal to allow lawful entry

There are also no-fault evictions. These don’t come from the tenant’s actions but from extenuating circumstances. Legal no-fault reasons to evict a tenant include:

  • Owner moving in
  • Withdrawal of the unit from the rental market
  • Substantial remodeling or demolishing the unit

Failing to follow these rules could lead to financial or criminal punishment.

Is It Worth Paying a Property Management Company?

San Luis Obispo property management is one of the best ways for landlords to protect their property investments. Helping you maintain rental market compliance is only one of the ways they save you time and money.

Property managers understand local and state laws. They can look for any signs of non-compliance and help you avoid penalties. 

Being a landlord requires more research than you might expect, whether it’s checking the latest market reports or seeing what keywords work best for marketing materials. Keeping up with legal compliance also requires time and effort.

Property managers can take this over for you. You’ll save time and won’t get blindsided by new regulations.

Managers constantly communicate with you about the state of your property. They’ll let you know about any compliance issues. They also communicate with tenants, preventing compliance issues before they begin. 

What are the Red Flags for a Property Management Company?

A property management company that won’t provide any references is most likely either not experienced enough or hiding parts of its past.

They should be willing to give you a complete outline of their fees. Any hidden or unexplained fees are a red flag. It’s also worth noting if their price seems too good to be true, because it most likely is.

Have them explain their process. It’s a red flag if they won’t explain how they screen tenants or perform maintenance.

General poor communication is perhaps the most significant red flag. A property manager is your partner, so avoid them if an initial consultation turns into more of an argument or a desperate attempt to get a word in.

Frequently Asked Questions

What Are Some Reasons to Justify a Rent Increase?

Knowing the legal grounds on which you can justify increasing a tenant’s rent is one of the most important aspects of understanding rent control laws. 

You can use the increased rent to cover rising operational costs. These include:

  • Maintenance
  • Insurance
  • Property taxes

A rent increase can also be all about market alignment. If other properties in the area are raising rent, you may need to do so too to keep up.

The higher rent can also go towards property improvements.

Can Tenants Fight a Rent Increase?

Yes, they can, especially if you violate rent control laws.

You must put a clause in the lease that allows for rent increases. You also can’t raise rent in retaliation for tenants exercising their rights, such as joining a union or requesting repairs.

Negotiating with the tenant is a better option. Show them how you’ll use the extra rent money.

Find San Luis Obispo Property Management Today

San Luis Obispo property management helps landlords understand the legal ramifications of raising rent. It helps them know when, how much, and why they can do it. It also keeps tenants happy and avoids compliance issues.

SLORight Property Management is locally owned and operated. Our team has been serving landlords for over 35 years. We can handle whatever a property throws our way, including legal questions, tenant problems, daily maintenance, and more.

Contact us for skilled property management today.