Davis training for landlords outlines tenant-screening limits, habitability duties and accommodation rules

Chad Carlock, an attorney and presenter at a City of Davis rental-resources training, walked property owners and managers through key legal obligations for screening tenants, maintaining habitability and responding to accommodation requests.

Carlock opened the session by noting the program is recorded and slide materials will be posted on the city's rental resources page. He said owners should use written screening criteria, collect only allowable application fees, and secure written consent before running credit or background checks. "It's approximately $62," he said when describing the current statutory screening-fee formula, and advised landlords to charge either their actual cost or the lower statutory amount.

Why it matters: consistent, documented screening and disclosures reduce the risk of discrimination claims and create a clearer record if disputes or enforcement follow.

On habitability, Carlock reviewed traditional elements such as structurally sound roofs and walls, working plumbing and heating, safe electrical systems and sanitary conditions. He highlighted two additions to habitability standards that took effect this year: landlords must provide a functional stove and a refrigerator in good working order unless a written agreement states the tenant will supply one. "There has to be a functional stove in good working order," he said, and added that a refrigerator requirement may be met by written agreement only.

Carlock explained tenant remedies where landlords do not make timely repairs: tenants may pursue repair-and-deduct remedies, with limits and notice requirements, with a court able to find unpaid-rent defenses if premises are uninhabitable. He warned that failure to correct habitability problems can lead to administrative fines and liability for relocation or other tenant costs.

On entering units, Carlock emphasized entry is allowed only for specific reasons under the civil code (emergencies, agreed repairs, showing the unit, pre-moveout inspections, court-ordered inspections and a narrow set of others) and said a written notice of at least 24 hours is presumed reasonable. He recommended giving as much notice and specificity (date/time and a contact number) as possible to avoid disputes.

Carlock outlined requirements for reasonable accommodations under federal and state fair-housing laws. Landlords must engage in an "interactive process" when a tenant requests an accommodation and may request verification of need from a medical provider without seeking diagnostic details. He explained the difference between service animals (narrowly defined, generally service dogs) and emotional-support animals, noting both can be reasonable accommodations; however, landlords may not charge additional pet deposits for service or support animals, though they may deduct for damages from the regular security deposit.

He also addressed hoarding, saying it can be a recognized disability-related condition that may require flexible timelines or assistance to remediate, but hoarding that creates immediate safety risks (fire hazard, structural failure, code violations) can still justify eviction with appropriate documentation.

Carlock urged landlords to document incidents of suspected illegal activity (police reports, noise violations and other contemporaneous evidence) before relying on them as grounds for eviction, because lack of criminal conviction can complicate an eviction hearing.

He reviewed protections for victims of domestic violence: a tenant who is a victim may terminate a lease without penalty if they give written notice within 180 days of the incident; the tenant may be responsible for up to 14 days' prorated rent but not more. Landlords may evict perpetrators in appropriate cases, and must comply with restraining orders.

The presenter closed by recommending written property rules, consistent enforcement (for example, for noise or nuisance complaints), rekeying locks between tenancies, and registering rental properties with the City of Davis. He pointed attendees to the city's rental-resources web page for PDFs and pledged to make slides available.

A brief Q&A followed and a participant thanked the presenter. Carlock offered his contact information and suggested attendees contact city staff for additional assistance.