[CA] If I live on the property are my renters exempt from rent control in California?
Hi, my property is a duplex, and I have been renting to a man with no pets. He wants his girlfriend with a dog to move in with him. She’s been staying with him regularly for the past month. I need to revise my lease with him. Currently, it states no pets and no overnight guests. I need to add her to the lease and change the policy to only allow one pet. Is there a maximum pet fee per month? Are they excluded from the California rent control if I am staying in the other duplex and they are signing a new lease that’s month to month?
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If a landlord lives in one of the units of a duplex (a property with two units total) at the beginning of the tenancy, the other unit is exempt from rent cap rules under Civil Code § 1947.12(d)(5). So you would need to insert this language into your new lease:
"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
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Hi, my property is a duplex, and I have been renting to a man with no pets. He wants his girlfriend with a dog to move in with him. She’s been staying with him regularly for the past month. I need to revise my lease with him. Currently, it states no pets and no overnight guests. I need to add her to the lease and change the policy to only allow one pet. Is there a maximum pet fee per month? Are they excluded from the California rent control if I am staying in the other duplex and they are signing a new lease that’s month to month?
Lexi, Chatbot
I understand your situation. Have you discussed these proposed changes with the current tenant yet?
Yes, they agreed with the rent increase, and they are happy to sign a new agreement.
Lexi, Chatbot
Are there any specific rules or regulations regarding pet fees in your area that you are aware of?
I am not aware of any.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No.
Legal Eagle
Hello! Legal Eagle here. I'm reviewing your issue in detail. Is the animal an ESA or service animal?
No. Is there a monthly limit for the pet fee in California?
Legal Eagle
There is no pet fee limit in California, especially if it's just for one pet. You can charge whatever you want, but it's common to charge around $30–40 a month. Does that help clarify things?
Yes, thanks.
Legal Eagle
I know you had another question about the duplex issue, but I wanted to resolve the pet issue first.
How should I address that on the lease agreement?
Legal Eagle
If a landlord lives in one of the units of a duplex (a property with two units total) at the beginning of the tenancy, the other unit is exempt from rent cap rules under Civil Code § 1947.12(d)(5). So you would need to insert this language into your new lease:
"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
Thank you! I was worried about that.
Legal Eagle
For sure! Were there any details I missed? Were there any concerns you still needed to be addressed?
That’s it, thank you for your time!
Legal Eagle
Sure! I hope I’ve provided the information you were seeking.
Legal Eagle
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