Updates
Here are summaries of important legal or procedural changes that affect the latest edition of this product.
If you want to check on the accuracy of any other information in the book, please follow the legal research
instructions in the book or in Nolo's research manual, Legal Research: How to Find and Understand the Law.
California Landlords Can't Ask About Immigration or Citizenship Status
Effective date:
Jan. 1, 2008
Landlords in most states are free to inquire as to their applicants’ and tenants’ immigration status and to reject applicants who are in the United States illegally. As long as landlords don’t use immigration status as a mask for illegal discrimination on the basis of race, ethnicity, or national origin, such a practice is not illegal. Notable exceptions include the federally subsidized “Section 8” program, which requires proof of legal residence before tenants may participate; and New York City, which has prohibited landlords from inquiring as to their tenants’ citizenship or immigration status for years (NYC Admin. Code § 8-107(5)(a)).
As of January 1, 2008, however, all California landlords are prohibited from inquiring as to their prospects’ and tenants’ immigration and citizenship status. (Calif. Civil Code § 1940.3.) The law also forbids any municipality from passing laws that direct landlords to make such inquiries. Landlords may still require documentation that will determine or verify the financial qualifications of an applicant, or to verify the identity of a prospective tenant.
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Alabama Enacts Comprehensive Landlord-Tenant Statutes
Effective date:
Jan. 1, 2007
Alabama has enacted its first comprehensive set of landlord-tenant statutes, which will take effect on January 1, 2007. (Alabama Code Sections 35-9A-101 and following.) The rules below are among the many that now apply to Alabama landlords and tenants.
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Issue
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Rule
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Citation
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When is rent due?
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Beginning of the rental term
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Ala. Code § 35-9A-161(c)
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Where is rent due?
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Unless landlord and tenant specify otherwise, at the dwelling unit
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Ala. Code § 35-9A 35-9A-161(c)
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Whether a landlord must take reasonably prompt steps to re-rent when a tenant breaks a lease (duty to mitigate)
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Yes
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Ala. Code § 35-9A-105
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Notice required to terminate a month to month tenancy
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30 days, for both landlord and tenant
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Ala. Code § 35-9A -441(b)
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Limit on the amount of security deposit a landlord may collect
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One month’s rent
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Ala. Code § 35-9A-201
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Exemptions to security deposit limit
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Limit does not include pet deposits, deposits to cover tenant’s alterations, and deposits to cover tenant activities that pose increased liability risks
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Ala. Code § 35-9A-201
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Whether a landlord must pay interest on deposits or keep them in a separate account
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No to both
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Ala. Code § 35-9A-201
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Deadline for landlord to itemize and return security deposit
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35 days
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Ala. Code § 35-9A-201
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Amount of notice landlord must give before entering rental unit
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24 hours
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Ala. Code § 35-9A -303
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Reasons landlord may enter rental unit
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To deal with an emergency, inspect, make repairs, show property to prospective buyers or tenants, or during tenant’s extended absence
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Ala. Code § 35-9A-303
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How landlords must handle tenant’s abandoned property
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Storage and notice; see statute
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Ala. Code § 35-9A -423(d)
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Prohibition against landlord retaliation
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Landlord may not retaliate following tenant’s complaint to landlord or government agency, tenant’s involvement in a tenant organization, or tenant’s exercise of a legal right
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Ala. Code § 35-9A-501
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Amount of time tenant has to pay rent or quit
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7 days
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Ala. Code § 35-9A-421(a), (d)
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Amount of time tenant has to cure a violation or quit
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14 days
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Ala. Code § 35-9A-421(a)
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Self-help eviction
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Not allowed
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Ala. Code § 35-9A-427
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Ruling on Security Deposit Interest for California Landlords in Rent Control Cities
Effective date:
Aug. 9, 2006
Among the California cities that have rent control, most have ordinances requiring landlords to not only pay interest on security deposits, but to place the deposits in a bank insured by the FSLIC (Federal Savings & Loan Insurance Corporation) or the FDIC (Federal Deposit Insurance Corporation).
If the interest-bearing accounts at these institutions pay less interest than that required by the ordinance, landlords do not have to pay the rate required by the ordinance -- they need pay only the interest that the bank is paying. (Action Apartment Association v. Santa Monica Rent Control Board, 94 Cal.App. 4th 587 (2002).)
However, at least one city -- San Francisco -- does not require landlords to place deposits in an account insured by these corporations. Because these landlords can theoretically invest the deposits in higher-yield ways, they must pay the rate of interest mandated by their ordinance, even if it is higher than the rate offered by money-market accounts that are insured by the FDIC or the FLSIC. (Small Property Owners of San Francisco, et al. v. City and County of San Francisco, 2006 DJDAR 10479, ___ Cal App 4th ____ (2006).)
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