Several bills were defeated in 2011 may be back under review this year. According to CAA, a likely topic to return is AB265, the bill proposed to change California’s 3-Day Notice to Pay Rent or Quit law to a 14-day period. The time provision was deleted, but instead there is new language which would allow a tenant to stay in the unit if they come up with the rent any time during the eviction. The bill also caps owner's attorneys fees to $350, which doesn't cover landlord's actual out-of-pocket costs (our attorney is closer to $950!).

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A positive new ruling affecting landlords is SB-221 which increases the "natural persons" action inclusive in small claims court from $7,500 to $10,000. In the event of tenant damages, this allows a higher ceiling for landlords to obtain judgment when there have been excessive damages or lost rents.

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Owners with five or more units must offere recycling to residents. The owner is not required to offer recycling containers if there is inadequate space to store the containers, the collection agency does not offer recycling services, or the cost is a financial hardship to the owner.

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Senate Bill 332 allows a landlord to prohibit smoking of cigarrettes/tobacco products on the property. This new law goes into effect January 1, 2012. Previously the law did not explicity permit a landlord to restrict smoking. This law does allow smoking prohibition to be in any building or portion, including inside a residential unit.

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With 2012 rapidly approaching, we'll be posting on some of the upcoming new rental laws affecting rental property owners over the course of the next few days.

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