Special Information for Landlords

The City of San Luis Obispo desires to maintain a safe and secure environment for the students and staff of Cal Poly and Cuesta College along with assisting landlords in resolving issues of substandard housing and disruptive tenants. This information is provided to facilitate operating your rental housing business and keep you informed of local laws and regulations that affect the rental housing industry.

• A Business License & Tax Certificate is required for all rental housing within the city limits of San Luis Obispo. For fee information and certificate issuance, please contact the Business License Division at 805.781.7134 or email BT@slocity.org.
   
• Water and Sewer utilities may be ordered, canceled or bills reviewed by calling 805.781.7133.
   
• Garbage service is provided by a private contractor who may be reached at 805.543.0875.

Safety and Security Information

While generally the crime rate and substandard housing violations are low, landlords should take appropriate action to safeguard their tenants and comply with the law to avoid criminal prosecutions, civil fines, or both.

• The High Occupancy Residential Use ordinance prevents placing more than five adults (over 18 years of age) in a single family dwelling in the R-1 and R-2 zoning districts. Contact the Community Development Department at 805.781.7170 for further details.
   
• California Civil Code requires deadbolt locks on outside doors of rental housing.
   
• Landlords should routinely inspect homes/apartment complexes to insure locking devices on doors and windows are working properly, smoke detectors are present and operating, and that unsanitary or unlawful conditions do not exist on their property. In the State of California the owner/corporation is ultimately responsible-not the property management firm.
   
• Converting garages, attic crawl spaces, partitioning (both bearing and non-bearing), altering, or converting any structure to habitable space requires building permits and in some instances, zoning approval. Contact the Building and Safety Division at 805.781.7180 for information.
   
• Uniform Housing Code and local regulations address peeling paint, lawn or grass over 12" in height, unsanitary conditions, lack of heat, broken windows, etc. Student groups are briefed during orientation on these conditions and urged to report violations to Building and Safety Division at 805.781.7180.
   
• It is a violation of the City’s Municipal Code for water to be wasted by leaky or substandard plumbing or irrigation devices. Routine inspections of toilets, faucets, and irrigation systems should be performed on a regular basis. The City’s Utilities Conservation Office offers free indoor/outdoor water audit and leak detection services, and has many informative brochures on how to save water and money. Call the Utilities Conservation Office at 805.781.7217 for more information.

Disruptive Tenants

The City of San Luis Obispo Police Department receives approximately 3000 noise complaints a year, many of which are caused by tenants of rental housing. In addition, more than 600 notices are issued for violations of local ordinance regarding debris in yard, stuffed couches and furniture in the front yard, garbage cans left out, etc. Under the law, the owner of the house or complex is ultimately responsible for correcting many of these conditions-not the property management firm.

Owner Notification

The San Luis Obispo Police Department’s Office of Neighborhood Services routinely notifies landlords when police are summoned to noise violations at rental units. If a warning--known as a Disturbance Advisory Card (DAC)--is issued, the owner receives a post card. If a citation is issued, the owner receives a letter from the police department. In the event of chronic noise violations, a certified letter is sent. These notices are sent to the address listed on the county assessment roll. This address is your legal service address. Notices delivered to this address are considered served, even if they are refused or the address is no longer valid. Property management firms are not owners, and because of the many changes landlords make in their selection of these service providers, volume of complaints, and the lack of legal responsibility of property management firms, no notifications will be sent to property management firms. These same provisions of the law apply to notifications of landlords regarding building, zoning, and other local code violations handled by the Building and Safety Division of the Community Development Department and the Office of the City Attorney.

Suggested Lease/Rental Agreement Items

In order to assist landlords in dealing with disruptive tenants, the Office of the City Attorney has suggested language similar to the model lease below. As always, the City of San Luis Obispo would advise landlords to have their respective legal counsel review any additions, deletions, or modifications to any rental contract.

“Tenant agrees to respect the peace and quiet and the residential nature of the neighborhood with respect to parking, noise, property maintenance, animals, odors, disposal of refuse, and general appearance of the premises. Tenant will not commit any waste upon the premises, or any nuisance or act which may disturb the quiet enjoyment of any other tenant or neighbors. In addition, Tenant agrees to comply with the following specific conditions:

a. Vehicles. No vehicles are to be parked on the lawn, any unpaved surface, or anywhere but the garage or driveway at any time. Street parking shall be in front of the rental property whenever possible, and parking in front of neighbors (or blocking their driveways, mailboxes, or sidewalks) shall be avoided. Keeping or storing disabled vehicles is prohibited.

b. Noise. Chapter 9.12 of the City Municipal Code prohibits unreasonable noise, loud parties, yelling, loud stereos, etc. This ordinance shall be followed at all times.

c. Appearance. Tenant shall maintain the premises in a neat and clean condition, shall not store boxes, furniture, auto parts, appliances, or personal belongings on the exterior of the house or garage (including porches) visible from a public right-of-way and shall comply at all times with the Property Maintenance Standards of the City Municipal Code (Chapter 17.17). Tenants and guests shall not walk upon or place any items on any roof, shed top, garage, carport, etc.

d. Obey All Laws. Tenant shall comply with all statutes, ordinances, regulations, and requirements of all municipal, state and federal authorities regarding the use of the premises.

Failure to comply with the above conditions, or to respect the peace and quiet and the residential nature of the neighborhood, shall constitute a default and violation of the lease and constitute grounds for termination.”

Problem Solving

The City of San Luis Obispo and its various departments look forward to helping you maintain your local rental units in appropriate condition and help you with disruptive tenant issues. Although the City does not provide an ombudsmen service, the Office of Neighborhood Services may help direct you to persons or departments that would be useful. The Neighborhood Services Manager may be reached directly at 805.781.7186.

SLO Solutions

Beginning July 1, 2004 the "SLO Solutions" program went into effect for all residents of the City of San Luis Obispo. Sponsored by the City of San Luis Obispo, Cuesta College and Cal Poly, residents can use the services of Creative Mediation to resolve a variety of community disputes at no cost to them. To see if your situation is appropriate for mediation, contact our office at 805.549.0442.

Creative Mediation administers a full service dispute resolution program. Services are delivered through a combination of staff, volunteer, and private practitioners. Mediation is available in the following areas:

• Community Disputes
• Small Claims Court
• Litigated Cases (pre and post filing)
• Business & Commercial Disputes
• Family Disputes
• Multi-Party or Complex Cases
• Environmental & Public Policy Disputes

Visit the http://www.slosolutions.com for more information.

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