San Diego renter guide: Your landlord can charge what?

Nearly half of all San Diego County residents are renters, and it can be tricky to navigate the latest laws.

Questions about pet rent, trash fees and renter’s insurance just scratch the surface of what is a way of life for about 48% of renter households in San Diego County. A Redfin study found San Diego County had the fourth-highest percentage of renters in the nation, behind only behind San Jose metro (52%), the Los Angeles and Orange County metro area (51%) and New York (49%).

Attorney Gilberto Vera, deputy director of the Legal Aid Society, said extra fees, some illegal, are showing up more and more by landlords trying to side-step rent control. Starting in 2020, California landlords — with some caveats — are prevented from raising rents more than 10% a year.

Landlords also need protection from nightmare tenants, but tenants fighting bad landlords also often need additional help navigating rental law.

The San Diego Union-Tribune looked at some of the biggest questions we have received lately from readers. These questions and answers apply to rentals with a term of longer than 30 days. Short-term rentals are governed by different rules.

Can my landlord charge me for trash? 

Yes, and it’s probably the biggest question we’re getting from readers after the city of San Diego voted to charge residents for trash collection after providing the service for free for decades. All types of rentals can charge — and some had previously charged — for trash pickup.

Lucinda Lilley, an apartment specialist who consults for several property management firms in San Diego County, said landlords of single-family homes (not subject to statewide rent control) are likely to pass the monthly fee onto renters fairly quickly. She said it’s virtually impossible to come up with an estimate of how many landlords are not passing the cost on, noting she has spoken with many who didn’t know about the change.

It gets tricky with other apartment buildings. Lilley said larger apartment towers and complexes almost certainly have an existing contract for trash pickup of big Dumpsters. Some of those have an allocated trash fee based on square footage.

She said smaller complexes — four or five units — might find themselves in a trickier situation if they decide to start charging for trash. Those complexes could be subject to AB 1482, the state law that limits rent increases, and may face a legal argument that charging for trash could add to the gross monthly rent. Lilley said it might take some creative math to figure out what to charge, such as limiting a planned rent increase while including garbage fees.

What kind of services can a landlord charge for? 

Landlords can charge for amenities and services, including landscaping, maintenance and security, said Marc Whitham, a tenant rights lawyer with Tenant Defenders, a San Diego law firm. Especially in amenity rich, corporately managed rental housing, tenants could be charged for things they don’t use, such as conference room access.

Before they move in, tenants should carefully read disclosures so they understand what they’re signing up for, he said.

One utility charge that is not allowed: forcing a tenant to pay for a neighbor’s gas and electricity — a problem Whitham sees often.

Landlords are only allowed to charge tenants for gas and electricity in units they are actually renting, Whitham said. This comes up in situations where a landlord has added an unpermitted rental dwelling, such as a garage, duplex or backyard structure, but the “property owner did not get it separately metered.”

Are pet fees legal? 

Yes, but it could get tricky. Landlords can charge something called “pet rent,” but a pet deposit gets into questionable legal territory and might be something to avoid if you are a landlord.

Pet rent is legal, but if you get charged a pet security deposit on top of that, Vera argues that could be considered illegal. Vera said each is supposed to compensate for the wear and tear of a pet so the landlord must pick one or the other.

The Union-Tribune previously wrote about a case where a landlord claimed a pet deposit was nonrefundable. That’s illegal because California law says any fee charged by a landlord with the purpose to protect a landlord against damage to a property, such as a pet deposit, should be treated legally as a refundable security deposit.

In general, housing experts recommend landlords use pet rent instead of a pet deposit.

Can a landlord require renter insurance? 

Yes, and it has become more common in the past decade.

Renter’s insurance is not required by state law, but a landlord can require you have a policy — and specify the details of that policy — as a requirement of the lease you sign.

Vera said renter’s insurance is a good thing because it protects a tenant if, for example, a pipe breaks but it is not the result of a landlord’s negligence. In that case, getting money from a landlord for damaged items would be difficult and could be avoided with personal rental insurance.

Not all landlords require renter’s insurance, Lilley said, but it’s hard to pin down a percentage of how many do.

Vera said the requirement is less clear when it comes to renters who got insurance but canceled after signing a lease. he said evicting someone for not having insurance is not a legal slam dunk, with at least one court decision saying not keeping renter’s insurance, which violated a lease agreement, was not enough of a reason to evict.

In California, the average monthly renter insurance premium is $15, according to Bankrate.

Can I be charged for a parking spot? 

Yes, and it is encouraged by city and county planners. The idea from officials is that parking cost should be “de-coupled” from rental amounts so people who don’t want to have a car don’t have to pay for it.

Vera added that California tenants are not legally entitled to a parking spot, so charging for it is common.

It’s a good idea to check the availability and enforcement of a residence’s parking rules, even with paid and assigned spots, Whitham said. If another tenant or guest parks in your assigned spot and you park in another space, who would pay if you get towed? A tenant could try complaining to the property manager, who could say it’s between the tenant and the tow company. “That could be a real headache,” he said.

Are application fees capped?

Yes. Under California law, people applying for a rental can’t be charged more than around $65, a cap that is tied to inflation. Fees cannot be greater than the out-of-pocket costs to screen an applicant, which can include paying for a third-party credit check, an eviction report and the time to process the application and check references.

Applicants can offer to provide their own credit report, but landlords aren’t required to accept them.

How many months’ rent security deposit can a landlord require?

In most cases, one month’s rent is the maximum. An exception is made for some small landlords who “own no more than two residential rental properties that collectively include no more than four total units for rent,” the state’s office of the Attorney General says. These landlords can charge two months’ rent.

What are some illegal fees renters are seeing?

Some renters are being charged a nonrefundable “processing fee,” in addition to first month’s rent, security deposit and application costs. Vera said the processing fee is illegal because state law considers any fees renters pay, outside of an application fee, are considered refundable.

Also, a processing fee on top of a security deposit could violate a state law that went into effect last summer. The law says, in most cases, a security deposit cannot exceed one month’s rent but a processing fee could push that amount over that amount. Keep in mind that a small processing fee when you pay your monthly rent electronically is legal.

Lastly, beware of a monthly pest control fee. That is illegal, Vera said, because paying for pest control is a landlord’s responsibility as part of their legal obligation to make the place habitable.

Can a landlord require you not to smoke?

It is legal to smoke tobacco and marijuana in California, so it might be a surprise to some tenants that their landlord  can restrict smoking — but not all do.

The legal justification is mainly based on not exposing neighbors to secondhand smoke. The ban can extend to common areas or anywhere on the property. That also includes marijuana, even if the renter has a prescription. A guide posted online for tenants by San Diego County recommends smoking bans for another reason: preventing accidental fires, which could raise insurance premiums.

Can a landlord change terms with no notice?

Whitham, with Tenant Defenders, said landlords have to give notice when they change the terms and conditions of a lease. Announcing a change in a text message, email, voice message or in conversation does not cut it, he said.

AB 1482 sets rules around notice for rent increases. To raise rent 10% or less, a landlord has to give a tenant at least 30 days’ notice.

Landlords can make changes to fees, like trash or parking, with adequate notice and if they don’t amount to an illegal rent increase.

“These fees may be assessed with the appropriate written notice upon month-to-month tenants, assuming they would not push a rent increase beyond what is permitted under Civil Code §1947.12.  Changes like a fee for trash service,or parking would also require a minimum 30-day written notice,” Whitham said.

What can renters do if they think their landlord is breaking the law? 

If a tenant suspects the landlord is asking for an unlawful fee or otherwise breaking the law, Whitham said it’s important to quickly get legal advice and decide a course of action. The longer the tenant pays a new fee or adheres to a change before objecting, the easier it is for a landlord to argue, “you accepted this change,” he said.

Experts also recommend taking plenty of pictures of the new apartment when moving in just in case a landlord attempts to charge for damage that is already there. The Redfin blog published a new guide in early June that advises creating a move-in checklist, that can list any damage, and having both landlord and tenant review.

Also, the Legal Aid Society has assistance for low-income and vulnerable individuals and families. Even affluent renters will find plenty of useful tools on the society’s website about rental law: https://www.lassd.org/