New
Landlord-Tenant Laws for 2003.
A.
60-Day Termination Notice
Effective January 1, 2003 until January 1, 2006, a landlord
must provide a month-to-month periodic tenant with an additional
30 days notice to terminate the tenancy if the tenant has
lived in the dwelling for one year or more. Thus, the notice
requirement is now a total of 60 days, instead of 30 days.
B.
Landlord's Entry to Premises
Effective January 1, 2003, landlords must give written notice
when entering for certain reasons. Under existing law, a landlord
may enter the dwelling unit in the following situation:
1. In case of emergency.
2. To make necessary or agreed repairs, decorations, alterations,
or
improvements, supply necessary or agreed services, or exhibit
the dwelling unit prospective or actual purchasers, mortgages,
tenants, workmen, or contractors.
C.
Move-Out Inspection Rights
Effective January 1, 2003, tenants have the right to request
an inspection of the premises before they move out.
D.
New Definition for Security Deposit
Effective January 1, 2003, there is a new definition for a
"security deposit." A "security" used
to be defined as any payment, fee, deposit or charge, including
those imposed as an advance payment of rent. Under the new
law, a security deposit also includes any charges imposed
at the beginning of the tenancy to reimburse the landlord
for costs associated with processing a new tenant, other than
application screening fees.
E.
New Cleanliness Standard
For all tenancies beginning after January 1, 2003, a landlord
incurring cost to clean the premises after a tenant moves
out, may only deduct from the security deposit the cleaning
cost "necessary to return the unit to the same level
of cleanliness it was at the inception of the tenancy."
For tenancies that began January 1, 2003 or earlier, the cleaning
standard is more generally stated; that is, the landlord can
deduct from the security deposit "the cleaning of the
premises upon termination of the tenancy."
F.
Bad Faith Claims of Security Deposits
Under the previous law, a landlord who acted in bad faith
in claiming or retaining a security deposit was subject to
statutory damages up to $600, plus actual damages. Effective
January 1, 2003, this statutory penalty will be changed
from $600 to twice the amount of the security deposit, plus
actual damages.