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

A.No, if the rental unit was built after 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 such a tenant 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 administration costs.




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