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California Tenants A guide to Residential Tenants' …

Ca l i f o r n i a Te n a n T sA guide to Residential Tenants And lAndloRds RiGhts And ResponsibilitiesCa l i f o r n i a Te n a n T sA guide to Residential Tenants And lAndloRds RiGhts And Responsibilitiesdepartment of Consumer Affairs, 1998 Reprinted, 2000updated and reprinted, 2001 Reprinted, 2002updated and reprinted, 2003updated, 2004 updated and reprinted, 2006updated and reprinted, 2007 Reprinted, 2008 updated and reprinted, 2010 California Tenants A guide to Residential Tenants and Landlords Rights and Responsibilities was written by the department of Consumer Affairs legal Affairs division and was produced by the department s office of publications, design & editing. the 1998 printing of this booklet was funded by a grant from the California Consumer protection California department of Fair employment and housing contributed to the text on unlawful discrimination in opinions expressed in this booklet are those of the authors and should not be construed as representing the opinions or policy of any official or agency of the state of Cali

dear Reader: For most of us, where we live is the most significant consumer decision we make, and our housing costs are the biggest part of our budget. our home is where we spend much of our time, and we want

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Transcription of California Tenants A guide to Residential Tenants' …

1 Ca l i f o r n i a Te n a n T sA guide to Residential Tenants And lAndloRds RiGhts And ResponsibilitiesCa l i f o r n i a Te n a n T sA guide to Residential Tenants And lAndloRds RiGhts And Responsibilitiesdepartment of Consumer Affairs, 1998 Reprinted, 2000updated and reprinted, 2001 Reprinted, 2002updated and reprinted, 2003updated, 2004 updated and reprinted, 2006updated and reprinted, 2007 Reprinted, 2008 updated and reprinted, 2010 California Tenants A guide to Residential Tenants and Landlords Rights and Responsibilities was written by the department of Consumer Affairs legal Affairs division and was produced by the department s office of publications, design & editing. the 1998 printing of this booklet was funded by a grant from the California Consumer protection California department of Fair employment and housing contributed to the text on unlawful discrimination in opinions expressed in this booklet are those of the authors and should not be construed as representing the opinions or policy of any official or agency of the state of California .

2 While this publication is designed to provide accurate and current information about the law, readers should consult an attorney or other expert for advice in particular cases, and should also read the relevant statutes and court decisions when relying on cited iNformatioNthis publication is available on the internet. see the department of Consumer Affairs home page at booklet may be copied, if (1) the meaning of copied text is not changed or misrepresented, (2) credit is given to the department of Consumer Affairs, and (3) all copies are distributed free of information on ordering copies of this booklet, see page Reader:For most of us, where we live is the most significant consumer decision we make, and our housing costs are the biggest part of our budget.

3 Our home is where we spend much of our time, and we want it to be hassle free!Move-in day marks the beginning of an important relationship between a tenant and a landlord. to help Tenants and landlords manage their rental-housing responsibilities, we re pleased to provide the department of Consumer Affairs practical California Tenants California Tenants booklet is a practical resource for both Tenants and landlords. We ve provided information about rental applications, unlawful discrimination, security deposits, repair responsibilities, rent increases, termination of leases, and eviction notices. We ve included an inventory checklist for use before moving in, and again when moving out. if you need additional assistance, we ve also provided a comprehensive list of resources in communities throughout the Golden hope you find California Tenants helpful.

4 You can get more information by visiting the department s Web site at or by calling (800) Department of Consumer AffairsTa b l e o f Co n T e n T siNtrodUctioN .. 1 Before YoU agree to reNt .. 15 HoW to USe tHiS BooKLet .. 1 Rental Agreements and leases .. 15 WHo iS a LaNdLord aNd General information .. 15 WHo iS a tenant ? .. 2oral rental agreements .. 16 General information About landlords and 2 Written rental agreements .. 16special situations .. 3leases .. 17hotels and motels .. 3shared utility Meters .. 17 Residential hotels .. 3translation of proposed Rental Agreement .. 18single lodger in a private residence .. 4transitional housing .. 4 WHeN YoU HaVe decided to reNt .. 18 Mobilehome parks and What the Rental Agreement or lease recreational vehicle parks.

5 4 should include .. 19 Key terms .. 19 LooKiNg for a reNtaL UNit .. 5tenant s basic legal rights .. 20looking for and inspecting Alterations to Accommodate a tenant With Rental units .. 5 a 21looking for a rental unit .. 5landlord s and tenant s duty of good faith and fair dealing .. 22inspecting before you rent .. 5shared utilities .. 22the rental application .. 6landlord s disclosures .. 22prepaid rental listing services .. 7lead-based paint .. 22 Credit Checks .. 9periodic pest control treatments .. 23 Application screening Fee .. 10 Asbestos .. 23holding deposit .. 10 Carcinogenic material .. 23unlawful discrimination .. 11illegal controlled substances .. 23 What is unlawful discrimination? .. 11 Methamphetamine contamination.

6 23examples of unlawful discrimination .. 12demolition permit .. 24limited exceptions for single rooms and roommates .. 13 Military base or explosives .. 24 Resolving housing death in the rental unit .. 24discrimination problems .. 14 Condominium conversion project .. 24 basic Rules Governing having Repairs Made .. 40security deposits .. 24the repair and deduct remedy .. 41the inventory Checklist .. 26the abandonment remedy .. 42 Renter s insurance .. 27the rent withholding remedy .. 43 Rent Control .. 27 Giving the landlord notice .. 45 LiViNg iN tHe reNtaL UNit .. 28tenant information .. 46paying the Rent .. 28lawsuit for damages as a remedy .. 46 When is rent due? .. 28 Resolving complaints out of court.

7 48 Check or cash? .. 29landlord s sale of the Rental unit .. 48obtaining receipts for rent payments .. 29 When a property is sold in foreclosure .. 48late fees and dishonored check fees .. 30 Condominium Conversions .. 48partial rent payments .. 30demolition of dwelling .. 48security deposit 31influencing the tenant to Move .. 49 Rent increases .. 31how often can rent be raised? .. 31moViNg oUt .. 49 Rent increase; notice and Giving and Receiving proper notice .. 49effective date .. 32tenant s notice to end a example of a rent increase .. 33periodic tenancy .. 49 When Can the landlord tenant s notice to end tenancy due to enter the Rental unit? .. 33domestic violence, sexual assault, or stalking ..50subleases and Assignments.

8 35landlord s notice to end a subleases .. 35periodic tenancy .. 50 Assignments .. 36 Advance payment of last Month s Rent .. 52deaLiNg WitH ProBLemS .. 36 Refund of security deposits .. 53 Repairs and habitability .. 36 Common problems and how to avoid them .. 53landlord s responsibility for repairs .. 37initial inspection before tenant s responsibility for repairs .. 37tenant moves out .. 55 Conditions that make a suggested approaches to rental unit legally uninhabitable .. 37security deposit deductions .. 59limitations on landlord s duty Refund of security deposits to keep the rental unit habitable .. 39after sale of building .. 63 Responsibility for other kinds legal actions for obtaining of repairs.

9 40refund of security deposits .. 64tenant s agreement to make repairs .. 40tenant s death .. 65 Moving at the end of a lease .. 65the inventory Checklist .. 66termiNatioNS aNd eVictioNS .. 67 gLoSSarY .. 84 When Can a landlord terminate a tenancy? .. 67aPPeNdiX 1 occUPaNtS Not Named iN eVictioN LaWSUit or Writ of Written notices of termination .. 67 PoSSeSSioN .. 8930-day or 60-day notice .. 67occupants not named in how to respond to a 30-day eviction lawsuit .. 89or 60-day notice .. 68occupants not named in three-day notice .. 68 Writ of possession .. 90 how to respond to a three-day notice .. 70aPPeNdiX 2 LiSt of citieS how to count the three days .. 71 WitH reNt coNtroL .. 90 proper service of notices.

10 71aPPeNdiX 3 tenant iNformatioN aNd aSSiStaNce reSoUrceS .. 91the eviction process (unlawful detainer lawsuit) .. 72 aPPeNdiX 4 otHer reSoUrceS .. 99 overview of the eviction process .. 72publications on landlord- tenant law .. 99how to respond to an unlawful detainer lawsuit .. 73department of Consumer Affairs legal Guides .. 99eviction of unnamed occupants .. 74department of Consumer Affairs before the court hearing .. 74other publications .. 99discovery in unlawful detainer cases .. 75aPPeNdiX 5 LegaLLY reQUired teXt of 100 After the court s decision .. 76 Writ of possession .. 77iNdeX .. 104setting aside a default judgment .. 78 A word about bankruptcy .. 78iNVeNtorY cHecKLiSt .. 107 Retaliatory Actions, evictions, and discrimination.


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