Do state landlord-tenant rules apply to tenants renting out my condo?

Learn about rental rules affecting tenants in condos.

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Question

I’m renting out my condominium in southern California. Do state-landlord tenant rules apply to me?

Answer

If you are renting out your condo, California state landlord-tenant rules, should apply, unless your property is exempt under the statute for some particular reason; for example, if you are renting out your condo as a vacation rental for 30 days or less, state security deposit rules do not apply. See Nolo’s The California Landlord’s Law Book for details on state laws. 

And be sure to check the homeowners’ association’s CC&Rs (covenants, conditions, and restrictions) that govern your condominium.

These rules may affect how you structure the terms and conditions of the rental and how your tenant(s) may use the unit. For example, if your CC&Rs restrict the number of cars that can be parked on the street, you cannot rent to tenants with too many cars without violating your condo rules.

Also, be aware that an association rule that is contrary to federal, state or local law will not be upheld in court. If you are concerned about a particular CC&R rule or the applicability of a state or local law, check with your homeowners’ association’s legal counsel, or consult a local landlord-tenant lawyer on your own. See Nolo’s Lawyer Directory for a list of California landlord-tenant lawyers.

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