As a landlord in California, you may encounter situations where your tenant requests an extended absence from the rental property. This could be due to various reasons such as a job transfer, family emergency, or a long vacation. Whatever the reason may be, it is important to handle such requests in a professional and legal manner. In this article, we will discuss the legal requirements for handling tenant requests for extended absences in California and provide you with some tips on how to handle such situations.
What is an Extended Absence?
An extended absence is when a tenant requests to leave the rental property for an extended period of time, usually more than 14 days. During this time, the tenant may or may not continue to pay rent. It is important to note that an extended absence is different from a vacation or short-term absence, which is usually less than 14 days.
Legal Requirements for Handling Tenant Requests for Extended Absences in California
As a landlord in California, you have certain legal obligations when it comes to handling tenant requests for extended absences. These obligations are outlined in the California Civil Code Section 1950.5. Here are some of the key requirements:
- Written Agreement: You must have a written agreement with your tenant that outlines the terms and conditions of the extended absence. This agreement should include the start and end dates of the absence, the rent payment schedule, and any other relevant details.
- Security Deposit: You may require your tenant to pay an additional security deposit to cover any damages that may occur during the extended absence.
- Inspection: You have the right to inspect the rental property during the extended absence to ensure that it is being maintained properly.
- Notice: You must provide your tenant with a written notice of their rights and obligations under the California Civil Code Section 1950.5.
How to Handle Tenant Requests for Extended Absences in California
Here are some tips on how to handle tenant requests for extended absences in California:
- Review the Lease Agreement: Review the lease agreement to ensure that it allows for extended absences and outlines the terms and conditions for such absences.
- Communicate with the Tenant: Communicate with the tenant to understand the reason for the extended absence and to discuss the terms and conditions of the absence.
- Get it in Writing: Have a written agreement that outlines the terms and conditions of the extended absence and have both parties sign it.
- Inspect the Property: Inspect the rental property before and after the extended absence to ensure that it is being maintained properly.
- Keep Records: Keep records of all communication and agreements related to the extended absence.
FAQs
Can I refuse a tenant’s request for an extended absence?
As a landlord, you have the right to refuse a tenant’s request for an extended absence if it violates the terms of the lease agreement or if it would cause a significant disruption to the property or other tenants.
Can I rent out the property while the tenant is on an extended absence?
Yes, you may rent out the property while the tenant is on an extended absence as long as it does not violate the terms of the lease agreement or the California Civil Code Section 1950.5.
What happens if the tenant does not pay rent during the extended absence?
If the tenant does not pay rent during the extended absence, you may take legal action to collect the unpaid rent or terminate the lease agreement.
Conclusion
Handling tenant requests for extended absences in California requires careful consideration of legal requirements and effective communication with the tenant. By following the legal requirements and tips outlined in this article, you can ensure that you handle such requests in a professional and legal manner. Remember to keep records of all communication and agreements related to the extended absence to protect yourself and your property.
