Smoke Alarm Requirements for Home Improvers and Landlords

Summary provided by California Association of Realtors:

Starting not next year but January 1, 2014, for all dwelling units intended for human occupancy for which a building permit is issued for alterations, repairs, or additions for more than $1,000, the issuer of the building permit will not sign off on the completion of work unless the owner demonstrates that all smoke alarms (previously “smoke detectors”) required for the dwelling unit are devices approved by the State Fire Marshal.

Also starting January 1, 2014, to be approved and listed by the State Fire Marshal, a smoke alarm must display the date of manufacture, allow a place for the date of installation to be written, incorporate a hush feature, incorporate an end-of-life warning, and, for battery-operated devices, contain a non-removable 10-year battery.

These rules may be superseded by a local rule or ordinance that is more stringent than state law.

For properties rented or leased, an owner is generally responsible for testing and maintaining smoke alarms in an apartment complex or other building starting January 1, 2013 and in a single-family residence starting January 1, 2014, and also responsible for installing additional smoke alarms as needed to comply with building standards starting January 1, 2016. Senate Bill 1394.

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As you might guess, this document is a compilation of information from our own efforts as REALTORS, as well as input from other REALTORS in our Coldwell Banker office. I hope it has been of value to you. Don’t hesitate to email us with any suggestions that will make this document better for you and your fellow homeowners!
Be sure to follow us on Facebook at www.Facebook.com/ElkGroveRealEstate. For information about properties available for sale and for more information for buyers and sellers, please visit our website at www.ElkGroveRealEstate.com and don’t hesitate to give us a call or drop us an email with your questions.

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Tenant Entitled to a 90-Day Notice to Terminate After Foreclosure

Summary provided by California Association of Realtors:

Effective January 1, 2013, a month-to-month tenant in possession of a rental housing unit at the time the property is foreclosed must be given a 90-day written notice to terminate under California law.

For a fixed-term residential lease, the tenant can generally remain until the end of the lease term, and all rights and obligations under the lease shall survive foreclosure, including the tenant’s obligation to pay rent.

However, the landlord can give a 90-day written notice to terminate a fixed-term lease after foreclosure under any of the following four circumstances:

(1) the purchaser or successor-in-interest will occupy the property as a primary residence;

(2) the tenant is the borrower or the borrower’s child, spouse, or parent;

(3) the lease was not the result of an arms’ length transaction; or

(4) the lease requires rent that is substantially below fair market rent (except if under rent control or government subsidy).

The purchaser or successor-in-interest bears the burden of proving that one of the four exceptions has been met.

This law does not apply if a borrower stays in the property as a tenant, subtenant, or occupant, or if the property is subject to just cause rent control.

This law will expire on December 31, 2019. This new California law is similar, but not identical, to the 90-day termination notice requirement under the federal Protecting Tenants at Foreclosure Act (12 U.S.C. § 5201, et seq.) (as extended by the Dodd-Frank Wall Street Reform and Consumer Protection Act), which is set to expire on December 31, 2014. Assembly Bill 2610.

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Landlord May Dispose Abandoned Personal Property Less Than $700

Summary provided by California Association of Realtors:

Commencing January 1, 2013, the total resale value of personal property left behind by a tenant after termination of a tenancy that the landlord must sell at a public auction (rather than dispose of or retain for his or her own use), has been increased from $300 to $700, if certain procedures are followed.

This law, however, also prohibits a landlord from assessing any storage cost if the tenant reclaims personal property within 2 days of vacating the premises. The statutory notices of Right to Reclaim Abandoned Property have been revised to reflect these changes.

Furthermore, a landlord’s notices of termination of tenancy and pre-move out inspection must contain specified language that former tenants may reclaim abandoned personal property left on the premises, subject to certain conditions. Assembly Bill 2303.

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Restrictions Against Cancellation Fees for HOA Documents

Summary provided by California Association of Realtors:

Beginning January 1, 2013, an HOA cannot collect a cancellation fee for HOA sales disclosure documents in either of two situations:

(1) a request is cancelled in writing by the party who placed the order and work had not yet been performed on the order; or

(2) a request is cancelled in writing and the HOA had been compensated for any work performed.

Moreover, an HOA must refund all fees collected for HOA documents if a request is cancelled in writing and work had not yet been performed on the order.

Additionally under this new law, the HOA cover sheet itemizing the HOA sales disclosures must be in at least 10-point type. Our C.A.R. standard form Homeowner Association Information Request (Form HOA) complies with this requirement. Assembly Bill 1838.

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Landlord Must Disclose Notice of Default to Prospective Tenants

Summary of new law from the California Association of Realtors:

Starting January 1, 2013, every landlord who offers for rent a residential property containing one-to-four units must disclose in writing to any prospective tenant the receipt of a notice of default that has not been rescinded.

This disclosure must be made before executing a lease agreement. If a landlord violates this law, the tenant can elect to void the lease and recover one month’s rent or twice the amount of actual damages, whichever is greater, plus all prepaid rent. If the lease is not voided and the foreclosure sale has not occurred, the tenant may deduct one month’s rent from future amounts owed.

The written disclosure notice as provided by statute must be in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.

A property manager will not be held liable for failing to provide the written disclosure notice unless the landlord has given the property manager written instructions to deliver the written disclosure to the tenant. This law will expire on January 1, 2018. Senate Bill 1191.

Elk Grove Real Estate Blog

Useful Real Estate News

Smoke Alarm Requirements for Home Improvers and Landlords

Start building your memories,
as you turn your house into a home.

Tenant Entitled to a 90-Day Notice to Terminate After Foreclosure

Start building your memories,
as you turn your house into a home.

Landlord May Dispose Abandoned Personal Property Less Than $700

Start building your memories,
as you turn your house into a home.

Restrictions Against Cancellation Fees for HOA Documents

Start building your memories,
as you turn your house into a home.

Landlord Must Disclose Notice of Default to Prospective Tenants

Start building your memories,
as you turn your house into a home.

Start building your memories, as you turn your house into a home.

Start building your memories, as you turn your house into a home.

Start building your memories, as you turn your house into a home.

Start building your memories, as you turn your house into a home.

Start building your memories, as you turn your house into a home.

Start building your memories,
as you turn your house into a home.

Start building your memories,
as you turn your house into a home.

Start building your memories,
as you turn your house into a home.

Start building your memories,
as you turn your house into a home.

Start building your memories,
as you turn your house into a home.