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Q.Can a landlord legally refuse to rent to an applicant because of a waterbed?

A.In California, a landlord cannot legally refuse to rent to an applicant because of a waterbed if the rental unit was built after January 1, 1973. California Civil Code Section 1940.5 prohibits a landlord from refusing to rent to an otherwise qualified tenant solely because that tenant has a waterbed.

However, the landlord can require a tenant with a waterbed to: (1) furnish a valid certificate of insurance for at least $100,000 in property damage, (2) pay an additional ½ month's rent as part of the security deposit, and (3) pay a reasonable fee to cover inspection of the installation of the waterbed.




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