Post date: Dec 30, 2016 7:33:57 PM
Landlord's are legally required to identify the ownership of their property. Landlords are also required to identify whomever is authorized to accept rents from tenants and handle legal documents as agent for owner. This information would include the:
Management company and/or manager's name
Address
Phone number
Hours of operation (if rent is accepted in person)
To protect yourself, this information needs to be in your written rental agreements and/or lease. If there is a change in ownership or management, you will need to notify your tenants in writing with the same information.
Failure to properly identify yourself and/or management could result in complications with lawsuits - tenants suing the owners, as well as evictions against tenants. Below is the actual Civil Code, as well direct links to each section the California Legislative Information website.
1961 - This chapter shall apply to every dwelling structure containing one or more units offered to the public for rent or for lease for residential purposes.
(Amended by Stats. 1987, Ch. 769, Sec. 1.)
(a) Any owner of a dwelling structure specified in Section 1961 or a party signing a rental agreement or lease on behalf of the owner shall do all of the following:
(1) Disclose therein the name, telephone number, and usual street address at which personal service may be effected of each person who is:
(A) Authorized to manage the premises.
(B) An owner of the premises or a person who is authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for all notices and demands.
(2) Disclose therein the name, telephone number, and address of the person or entity to whom rent payments shall be made.
(A) If rent payments may be made personally, the usual days and hours that the person will be available to receive the payments shall also be disclosed.
(B) At the owner’s option, the rental agreement or lease shall instead disclose the number of either:
(i) The account in a financial institution into which rent payments may be made, and the name and street address of the institution; provided that the institution is located within five miles of the rental property.
(ii) The information necessary to establish an electronic funds transfer procedure for paying the rent.
(3) Disclose therein the form or forms in which rent payments are to be made.
(4) Provide a copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. Once each calendar year thereafter, upon request by the tenant, the owner or owner’s agent shall provide an additional copy to the tenant within 15 days. If the owner or owner’s agent does not possess the rental agreement or lease or a copy of it, the owner or owner’s agent shall instead furnish the tenant with a written statement stating that fact and containing the information required by paragraphs (1), (2), and (3).
(b) In the case of an oral rental agreement, the owner, or a person acting on behalf of the owner for the receipt of rent or otherwise, shall furnish the tenant, within 15 days of the agreement, with a written statement containing the information required by paragraphs (1), (2), and (3) of subdivision (a). Once each calendar year thereafter, upon request by the tenant, the owner or owner’s agent shall provide an additional copy of the statement to the tenant within 15 days.
(c) The information required by this section shall be kept current and this section shall extend to and be enforceable against any successor owner or manager, who shall comply with this section within 15 days of succeeding the previous owner or manager. A successor owner or manager shall not serve a notice pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure or otherwise evict a tenant for nonpayment of rent that accrued during the period of noncompliance by a successor owner or manager with this subdivision. Nothing in this subdivision shall relieve the tenant of any liability for unpaid rent.
(d) A party who enters into a rental agreement on behalf of the owner who fails to comply with this section is deemed an agent of each person who is an owner:
(1) For the purpose of service of process and receiving and receipting for notices and demands.
(2) For the purpose of performing the obligations of the owner under law and under the rental agreement.
(3) For the purpose of receiving rental payments, which may be made in cash, by check, by money order, or in any form previously accepted by the owner or owner’s agent, unless the form of payment has been specified in the oral or written agreement, or the tenant has been notified by the owner in writing that a particular form of payment is unacceptable.
(e) Nothing in this section limits or excludes the liability of any undisclosed owner.
(f) If the address provided by the owner does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed receivable by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner.
(Amended by Stats. 2012, Ch. 695, Sec. 1. Effective January 1, 2013.)
(a) Notwithstanding subdivisions (a) and (b) of Section 1962, the information required by paragraph (1) of subdivision (a) of Section 1962 to be disclosed to a tenant may, instead of being disclosed in the manner described in subdivisions (a) and (b) of Section 1962, be disclosed by the following method:
(1) In each dwelling structure containing an elevator a printed or typewritten notice containing the information required by paragraph (1) of subdivision (a) of Section 1962 shall be placed in every elevator and in one other conspicuous place.
(2) In each structure not containing an elevator, a printed or typewritten notice containing the information required by paragraph (1) of subdivision (a) of Section 1962 shall be placed in at least two conspicuous places.
(3) In the case of a single unit dwelling structure, the information to be disclosed under this section may be disclosed by complying with either paragraph (1) or (2).
(b) Except as provided in subdivision (a), all the provisions of Section 1962 shall be applicable.
(Amended by Stats. 2001, Ch. 729, Sec. 4. Effective January 1, 2002.)
In the event an owner, successor owner, manager, or agent specified in Section 1961 fails to comply with the requirements of this chapter, service of process by a tenant with respect to a dispute arising out of the tenancy may be made by registered or certified mail sent to the address at which rent is paid, in which case the provisions of Section 1013 of the Code of Civil Procedure shall apply.
(Amended by Stats. 2001, Ch. 729, Sec. 5. Effective January 1, 2002.)