Know Your Rights, Protect Your Investment: Essential Legal Updates for Visalia Landlords

There’s a lot you have to know about tenants’ rights when you’re renting out a Visalia property. An abundance of restrictions and requirements are in place to ensure that you’re keeping your property habitable, returning security deposits on time, and paying attention to fair housing, rent control, and eviction laws. 

As a landlord, you have your own set of rights. It’s important that you understand what you can and cannot do when it comes to collecting rent, entering your property, and holding your tenants accountable for property damage. 

Let’s take a look at what some of the recent laws mean for you and your Visalia rental property. 

Collecting a Security Deposit 

You have the right to collect a security deposit from your tenants before they move in, and we strongly recommend that you do collect a deposit to protect yourself and your property against the damage that a tenant may leave behind when they move out. The security deposit can also protect you against any potential lease breaks, or if the tenant moves out owing you rent. You can use the security deposit to pay for any cleaning that needs to be done to return your rental home to the condition it was in when tenants took possession. 

The law has long allowed landlords to collect up to two months’ rent as a security deposit on an unfurnished property (three months for a furnished property). In July of 2024, however, that law is changing. You won’t be able to collect more than the equivalent of one month’s rent as a security deposit. If your rental property goes for $2,000 per month, for example, the most you can collect as a security deposit is $2,000. 

To protect your rights as a rental property owner, make sure you conduct a thorough move-in inspection before your tenants take possession of the property. You’ll want to document its condition in detail. Take as many photos as you can, and make notes about the condition of your floors, walls, appliances, and even doors and ceilings.  You’ll need this condition report at the end of the tenancy, when you’re deciding whether you’ll be keeping any part of the security deposit. 

Some of the things to be aware of when we’re talking about returning security deposits: 

• You have 21 days from the date that your tenant moves out to return the deposit to their last known address.
• When you do make deductions from the deposit, you need to send the tenant an itemized list of what you withheld and why.
• If a tenant disputes what you’ve kept from their deposit, make sure you have the documentation that can support what you withheld. This is critical because if your tenant takes you to court, you will be defending yourself against penalties that could be steep (up to three times the amount of your security deposit). 

Always collect a deposit. We recommend collecting the full equivalent of a month’s rent. Make sure you’re documenting everything and returning the money to your tenant in a legally compliant way. 

Emotional Support Animals

You have the right, as a Visalia landlord, to either allow pets or not allow pets in your rental property. 

However, when it comes to service animals and companion animals for people who have disabilities, you do not have the right to reject them. The law does not see them as pets; the law sees those animals as accommodations. 

Service animals come with their own documentation. It’s easy to understand what they do, and they’re specially trained to assist their owners with what they need to live an independent life. Think about a Seeing Eye dog for someone with a visual impediment. 

Companion animals, which are most frequently emotional support animals, have been a little more difficult to manage. You are permitted to ask for documentation from a healthcare provider when a tenant or an applicant requests a companion animal. Recently, the law has changed to put some parameters in place around this requirement. 

Many landlords believed it was too easy for tenants to get a letter from a healthcare provider in order to classify an animal as a companion animal. There were websites, even, where tenants could download a form letter and landlords felt powerless to dispute them. 

But landlords got some relief in 2023, and it’s important that you understand your rights around this important topic. 

Recent laws require that any licensed physician who provides documentation about an individual’s need for an emotional support animal must have an established relationship with their patient. That relationship must have been established for at least 30 days in order for the documentation to be accepted. The physician must also complete an in-person clinical evaluation of the individual who requests the emotional support animal.

This makes it less likely that you’ll have a tenant trying to pass off a pet as a support animal. 

As a Visalia landlord renting to tenants with pets, you have the right to place restrictions on animal size and breed, and you also have the right to collect a pet fee, pet deposit, or pet rent. With service and support animals, you cannot make any kind of restrictions on the animal and you cannot collect a pet fee or pet rent. 

Just Cause and No-Fault Evictions in Visalia

By now, you are surely familiar with The Tenant Protection Act and the provisions in that law around rent control and just cause eviction. 

The eviction laws preserve your right to remove a tenant from your property for just cause. The most common reasons for eviction falling into the just cause category include:

• Nonpayment of rent
• Lease violations that are not cured
• Criminal activity 

You also have protections in place in case you want to move back into the property yourself, allow an immediate family member to live in that property, or you want to remove the home from the rental market altogether. You can also evict a tenant if you’re planning to make serious renovations or repairs to the rental home. These are no-fault evictions, meaning you’re removing the tenant from your property through no fault of theirs. You may be required to pay them a relocation fee that’s equivalent to one month’s rent. 

Recent laws have made it harder for landlords to evict a tenant in order to move themselves or their family member into the home. You now have to make sure that you or your family member move in within 90 days of the tenant vacating, and you have to remain in residence for at least 12 months. 

When you’re evicting to do an extensive remodel, there are also new requirements. Landlords will retain the right to end tenancies for any substantial renovations, but the termination notices must now detail the intended work. You’ll also have to inform the tenant of their re-occupancy rights if the work does not start or isn’t completed. 

The Right to Enter Your Property 

Landlords in Visalia have the right to enter the rental property for specific reasons such as making repairs, inspecting the unit for maintenance needs, or showing the property to prospective renters or buyers. 

However, you are legally required to provide a reasonable notice — usually 24 hours — and you cannot abuse this right to harass the tenant.

We strongly recommend that you respect your tenant’s right to privacy and the quiet enjoyment of their rental home. While it’s a property you own, it’s the home where your tenants live. You do not need to be showing up there all the time, asking to look around. Schedule your visits in advance, put your request in writing, and make sure that you’re not disruptive to your tenant. The only reason you can really enter your property without notice is if there’s an emergency. A fire, for example. 

Screening Tenants 

As a landlord, you have the right to choose tenants who are well-qualified. However, you need to exercise this right within the pursue of the state’s fair housing laws. This means you cannot discriminate against any applicants or tenants based on: 

• Race
• Color
• National origin
• Religion
• Sex
• Familial status
• Disability
• Age
• Ancestry
• Citizenship
• Gender Identity and expression
• Genetic Information
• Immigration Status
• Marital Status
• Primary Language
• Sexual Orientation
• Source of Income

 

Protect yourself, your right to screening tenants, and your rental property by making sure you have some standard qualifying criteria in place. This can be a list of qualifications that are essential in order for a tenant to be approved for your rental home. By providing this to prospective applicants, they can make a decision about whether or not to complete an application. It also indicates that every application is screened consistently and objectively. 

Being a landlord in Visalia means balancing your rights with the existing and future state laws and regulations. You also have to balance your rights with those of your tenants. Stay informed, and if you’re struggling to stay informed, make sure you’re working with a professional Visalia property management company. Property managers can protect your rights and keep you compliant with all state, local, and federal laws. 

We can help you balance your rights with those of your tenant’s. Please contact us at The Equity Group to learn more.