What are the Legal Responsibilities of Landlords in Merced County?

Ashley Stayner • May 30, 2024

Landlords have a number of responsibilities when it comes to renting their homes out to tenants. There are the presumed responsibilities (providing a move-in ready property) and the legal responsibilities (a habitable home). You want to do everything you can to create a welcoming, comfortable home for your tenants because you’re hoping for a pleasant and profitable rental experience. You’re also expecting that they’ll pay rent on time and take care of the property. You’d like them to stay in place for the long term, renewing their lease agreement year after year.

The mechanics of renting out a property in Merced County may seem easy enough; you find a tenant, you keep up with maintenance, you collect rent.

However, there’s a lot more to it than that, and it’s imperative that landlords in Merced County understand their legal responsibilities to ensure they meet their obligations while providing safe and secure housing.

We often answer calls for help from landlords who had no idea there were security deposit requirements to pay attention to, emotional support animal accommodations that needed to be made or Section 8 considerations during the screening process.

With that in mind, let’s talk about some of the legal responsibilities you take on as a landlord in Merced County.

Providing Safe and Habitable Housing

You’ll find there’s an implied warranty of habitability when it comes to renting out a Merced County rental home. Landlords have a responsibility to ensure that the property they rent out is safe for tenants. This means that the landlord must ensure that the property is free of hazards, such as defective wiring, loose railings, fire hazards, and other damages that could prove harmful to the tenant.

Also, landlords must ensure that the rental home has working smoke detectors, fire alarms, and proper exits in the case of an emergency. You’re required to provide access to running water, hot water, weather protection, waste receptacles, and heat. Doors and windows must lock.

Adhering to Fair Housing Laws

Do you know the difference between a pet and an emotional support animal? Do you understand that a Section 8 applicant can use a housing voucher as income when applying for your property?

In California, state fair housing laws are stricter than federal laws. We have more protected classes and these laws are rigorously enforced. Landlords in Merced County must abide by the Fair Housing Act, which prohibits discrimination against people of certain races, nationalities, religions, ages, and disabilities, among other things. It is illegal for a landlord to deny a tenant housing because of their background or any valid legal reason. If a landlord wants to refuse the tenant’s application for a valid reason, they must ensure they do not violate any laws or regulations.

In California, you cannot discriminate based on race, color, ancestry, national origin, citizenship, immigration status, primary language, religion, disability, sex and gender, sexual orientation, gender identity, gender expression, genetic information, marital status, familial status, source of income, age, or military/veteran status.

Quite an exhaustive list. Fair housing penalties are steep, so make sure you understand how to market your home, screen your tenants, and conduct your lease enforcement within the confines of those laws. Everything must be documented and consistent.

Maintaining Merced County Rental Properties

It’s the landlord’s responsibility to conduct regular maintenance and repairs to keep the property functioning correctly. Tenants expect the landlord to fix damages that arise during the tenancy. Landlords must address essential maintenance issues promptly, repair items such as leaky faucets, air conditioning, appliances, and plumbing when needed. When a tenant complains about a problem, the landlord must investigate and, if necessary, hire a professional to make the repairs.

This does not mean you cannot hold your tenants accountable for any damage that they cause. You can. However, keeping your property well-maintained is a legal responsibility that you cannot avoid, no matter how much you want to argue about who should pay or fix the problem.

Proper Notice Before Entry

In Merced County and throughout California, landlords cannot simply show up at the property and expect to take a look around. Tenants have the right to privacy and the quiet enjoyment of their home. You must give tenants reasonable notice before entering an occupied unit.

If you need access to the property because you need to carry out essential repairs or inspections, it’s your obligation to provide at least 24 hours' notice to the tenant. The only exception is if you need to enter the rental unit to handle an emergency, such as a fire or a gas leak. Put your notice in writing.

Returning Security Deposits

Security deposit law is pretty detailed for Merced County owners. There’s a limit to what you can collect, and there are restrictions on what you can use the deposit for. If there’s going to be a security deposit dispute, we have noticed that it’s often after a tenant has moved out when they think they’re going to get their full deposit back, but the property owner has used it to pay for damage or cleaning.

When a tenant vacates a property, you must return the security deposit within 21 days to their forwarding or last known address, minus any authorized deductions. Always maintain accurate records of the security deposit. You cannot use the security deposit to cover normal wear and tear.

Landlords in Merced County have several legal obligations to uphold. Property owners must provide safe, habitable units, comply with fair housing laws, conduct regular maintenance and repairs, give tenants reasonable notice before entry, and return security deposits within the required time frame.

There are also important laws around eviction and rent control that need your attention. Before buying a rental property or leasing one to a tenant, it’s essential to understand the legal responsibilities associated with property ownership. By meeting these legal requirements, landlords can create a mutually beneficial and successful rental agreement with their tenants.

Need help understanding what you’re required to do and prohibited from doing? Contact us at Wisdom Property Management & Realty, Inc. We lease, manage, and maintain investment properties in Merced, Atwater, Livingston, Winton, and Delhi.

< Older Post Newer Post >

Share this post

Demographic Shifts in California: Adapting Rental Strategies - Article Banner

Demographic Shifts in California: Adapting Rental Strategies for Merced

By Ashley Stayner • February 20, 2025

Discover how demographic shifts in Merced are reshaping the rental market. Learn key investment strategies to maximize ROI in this evolving real estate landscape.

Leveraging Social Media to Market Rental Properties in California: Tips for Merced Landlords

By Ashley Stayner • January 16, 2025

It is time to get social, and we’re going to insist you become an influencer even if you don’t naturally gravitate towards the likes of Instagram, Facebook, and other social media platforms. Leveraging social media to market rental properties in Merced and throughout California is essential. You gain a lot more traction on social sites than you do by simply posting a listing on Zillow or HotPads. All of your potential renters are on social media, and you should be there too. Let’s talk about some tips, assuming you’re not already going viral on the ‘gram. Part One: Put Together Your Profile A successful social media strategy starts with a profile that will attract the kind of attention you want. If you’re already a presence on social media, that’s great. If you’re just getting started to better market your rental home , be intentional about how you present yourself. Your audience will likely be potential renters who will view your page and consider the homes you have to offer. If you’re posting homes for rent on your personal social media pages, you can easily include all of the people you already know in your network. However, you also want to make sure your personal page is professional. If you’re prone to angry political posts, you might alienate a lot of potential renters on the other side. Your social media presence, as a landlord, needs to be welcoming to everyone. Generally, we recommend that you establish a separate profile for the work you plan to do sharing your rentals. This will help narrow your social media postings on that particular profile to the rental property you’re marketing or related topics. Visitors won’t get confused, and they won’t have to scroll past photos of your pets and vacations to find the homes you offer for rent. Before you start posting about your available rental properties, you’ll want to make sure you have all of the pertinent information on your profile. There has to be updated contact information, for example. You’ll also want a credible profile photo. Maybe it’s a snapshot of the property you’re trying to rent. It could be a picture of the neighborhood or even a photo of the state or region you’re in. A picture of yourself is also fine, as long as it’s professional. Reaching the Right Social Media Audiences When we’re talking about social media marketing, it’s important to understand that the audience is everything. Social spaces are crowded, and you want to reach the right people. According to the Pew Research Center, more than 72 percent of Americans use social media daily. By using hashtags, joining local or industry-specific groups, and following popular sites and spots throughout Merced, you’ll focus on the people who are looking for a new rental home or on the people who know people who are looking for a new rental home. Create a Social Media-Friendly Listing What will get the most attention on social media sites? Photos and videos. These will be your most important tools when we talk about posting your rental listing on social media sites. This is the type of content that gets attention. It gets likes. It gets shares. It gets comments. All of those things will expand your audience and increase your reach. Although text plays an essential role in social media, and you’ll use it to share details such as: Rental amount Move-in ready dates Rental qualifications Security deposit amounts Images and videos are especially crucial. You’ll want to upload clear and crisp photos so that they render well on mobile devices. You’ll want short, engaging videos that showcase your property and provide people with a glimpse of how things look. If you want to be more impactful with how you market Merced homes for rent on social media, focus on the property’s layout, show real-time room sizes, give viewers a close-up of amenities , and an idea of the property’s location. When you have special features to show off, such as walk-in pantries, garden tubs, smart home technology like video doorbells, and fenced backyards, video is a great way to show those things off while giving viewers an idea of what it’s like to actually be there. Plenty of social media platforms are built for video; you can use Instagram reels, Facebook and Instagram live videos, Snapchat story updates, and of course YouTube. Hashtags are Essential Please tell us you know what a hashtag is. They’re helpful when you’re posting because they get the attention of your target audience. Using hashtags on your posts makes them more accessible because when people search for a particular hashtag, your post will be there, ready for them to view. Use specific hashtags that identify your location, the type of property, or the neighborhood name. Try #Mercedrentals, #Mercedhomeforrent, #Mercedapartment, and similar hashtags to get attention and focus on your desired audience. Promote Your Merced Rental Listing

The California Landlord's Property Management Checklist: Tailored for Merced

By Ashley Stayner • December 19, 2024

Here’s our property management checklist – Merced edition. These are the things to look for as a landlord with local properties who wants to have a pleasant and profitable investment experience.