What are the Legal Responsibilities of Landlords in Merced County?

Landlords have a number of responsibilities when it comes to renting their homes out to tenants. There are the presumed responsibilities (providing a move-in ready property) and the legal responsibilities (a habitable home). You want to do everything you can to create a welcoming, comfortable home for your tenants because you’re hoping for a pleasant and profitable rental experience. You’re also expecting that they’ll pay rent on time and take care of the property. You’d like them to stay in place for the long term, renewing their lease agreement year after year. 

The mechanics of renting out a property in Merced County may seem easy enough; you find a tenant, you keep up with maintenance, you collect rent. 

However, there’s a lot more to it than that, and it’s imperative that landlords in Merced County understand their legal responsibilities to ensure they meet their obligations while providing safe and secure housing. 

We often answer calls for help from landlords who had no idea there were security deposit requirements to pay attention to, emotional support animal accommodations that needed to be made or Section 8 considerations during the screening process. 

With that in mind, let’s talk about some of the legal responsibilities you take on as a landlord in Merced County. 

Providing Safe and Habitable Housing

You’ll find there’s an implied warranty of habitability when it comes to renting out a Merced County rental home. Landlords have a responsibility to ensure that the property they rent out is safe for tenants. This means that the landlord must ensure that the property is free of hazards, such as defective wiring, loose railings, fire hazards, and other damages that could prove harmful to the tenant. 

Also, landlords must ensure that the rental home has working smoke detectors, fire alarms, and proper exits in the case of an emergency. You’re required to provide access to running water, hot water, weather protection, waste receptacles, and heat. Doors and windows must lock. 

Adhering to Fair Housing Laws

Do you know the difference between a pet and an emotional support animal? Do you understand that a Section 8 applicant can use a housing voucher as income when applying for your property? 

In California, state fair housing laws are stricter than federal laws. We have more protected classes and these laws are rigorously enforced. Landlords in Merced County must abide by the Fair Housing Act, which prohibits discrimination against people of certain races, nationalities, religions, ages, and disabilities, among other things. It is illegal for a landlord to deny a tenant housing because of their background or any valid legal reason. If a landlord wants to refuse the tenant’s application for a valid reason, they must ensure they do not violate any laws or regulations.

In California, you cannot discriminate based on race, color, ancestry, national origin, citizenship, immigration status, primary language, religion, disability, sex and gender, sexual orientation, gender identity, gender expression, genetic information, marital status, familial status, source of income, age, or military/veteran status. 

Quite an exhaustive list. Fair housing penalties are steep, so make sure you understand how to market your home, screen your tenants, and conduct your lease enforcement within the confines of those laws. Everything must be documented and consistent. 

Maintaining Merced County Rental Properties 

It’s the landlord’s responsibility to conduct regular maintenance and repairs to keep the property functioning correctly. Tenants expect the landlord to fix damages that arise during the tenancy. Landlords must address essential maintenance issues promptly, repair items such as leaky faucets, air conditioning, appliances, and plumbing when needed. When a tenant complains about a problem, the landlord must investigate and, if necessary, hire a professional to make the repairs.

This does not mean you cannot hold your tenants accountable for any damage that they cause. You can. However, keeping your property well-maintained is a legal responsibility that you cannot avoid, no matter how much you want to argue about who should pay or fix the problem.

Proper Notice Before Entry

In Merced County and throughout California, landlords cannot simply show up at the property and expect to take a look around. Tenants have the right to privacy and the quiet enjoyment of their home. You must give tenants reasonable notice before entering an occupied unit. 

If you need access to the property because you need to carry out essential repairs or inspections, it’s your obligation to provide at least 24 hours' notice to the tenant. The only exception is if you need to enter the rental unit to handle an emergency, such as a fire or a gas leak. Put your notice in writing.

Returning Security Deposits