California Tenants A Guide to Residential Tenants' And ...

1 Ca l i f o r n i a Te n a n T s A Guide to Residential Tenants And lAndloRds RiGhts And Responsibilities Ca l i f o r n i a Te n a n T s A Guide to Residential Tenants And lAndloRds RiGhts And Responsibilities department of Consumer Affairs, 1998 Reprinted, 2000 updated and reprinted, 2001 Reprinted, 2002 updated and reprinted, 2003 updated, 2004 updated and reprinted, 2006 updated 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.

2 The 1998 printing of this booklet was funded by a grant from the California Consumer protection Foundation. the California department of Fair employment and housing contributed to the text on unlawful discrimination in housing . Notice the 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 . 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 material.

3 OrderiNg iNformatioN this publication is available on the internet. see the department of Consumer Affairs home page at this 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 charge. For information on ordering copies of this booklet, see page 111. 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 it to be hassle free!

4 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 Guide . the 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.

5 If you need additional assistance, we ve also provided a comprehensive list of resources in communities throughout the Golden state. We hope you find California Tenants helpful. You can get more information by visiting the department s Web site at or by calling (800) 952-5210. California department of Consumer Affairs iNtrodUctioN .. 1 HoW to USe tHiS 1 WHo iS a LaNdLord aNd WHo iS a tenant ? .. 2 General information About landlords and 2 special situations.

6 3 hotels and motels .. 3 Residential 3 single lodger in a private residencetranslation of proposed .. 4 transitional Mobilehome parks and recreational vehicle parks .. 4 LooKiNg for a reNtaL 5 looking for and inspecting Rental 5 looking for a rental unit .. 5 inspecting before you the rental application .. 6 prepaid rental listing 7 Credit Checks .. 9 Application screening Fee .. 10 holding deposit .. 10 unlawful discrimination .. 11 What is unlawful discrimination?.. 11 examples of unlawful 12 limited exceptions for single rooms and roommates.

7 13 Resolving housing discrimination Ta b l e o f Co n T e n T s Before YoU agree to 15 Rental Agreements and General information .. 15 oral rental agreements .. 16 Written rental leases .. 17 shared utility Rental 18 WHeN YoU HaVe decided to reNt .. 18 What the Rental Agreement or lease landlord s and tenant s duty of good should Key terms .. 19 tenant s basic legal rights .. 20 Alterations to Accommodate a tenant With a 21 faith and fair shared landlord s 22 lead-based paint .. 22 periodic pest control treatments.

8 23 Asbestos .. 23 Carcinogenic material .. 23 illegal controlled substances .. 23 Methamphetamine demolition Military base or death in the rental unit .. 24 Condominium conversion project .. 24 basic Rules Governing security the inventory Renter s insurance .. 27 Rent Control .. 27 LiViNg iN tHe reNtaL UNit .. 28 paying the When is rent due? .. 28 Check or cash? .. 29 obtaining receipts for rent 29 late fees and dishonored check 30 partial rent 30 security deposit 31 Rent 31 how often can rent be raised?

9 31 Rent increase; notice and effective date .. 32 example of a rent When Can the landlord enter the Rental unit? .. 33 subleases and Assignments .. 35 subleases .. 35 Assignments .. 36 deaLiNg WitH ProBLemS .. 36 limitations on landlord s duty Responsibility for other kinds Repairs and landlord s responsibility for 37 tenant s responsibility for 37 Conditions that make a rental unit legally uninhabitable .. 37 to keep the rental unit habitable .. 39 of tenant s agreement to make repairs .. 40 having Repairs 40 the repair and deduct remedy.

10 41 the abandonment the rent withholding Giving the landlord tenant 46 lawsuit for damages as a 46 Resolving complaints out of landlord s sale of the Rental 48 When a property is sold in Condominium 48 demolition of dwelling .. 48 influencing the tenant to Move .. 49 moViNg oUt .. 49 tenant s notice to end tenancy due to Advance payment of Common problems and initial inspection before Refund of security deposits legal actions for obtaining Giving and Receiving proper tenant s notice to end a periodic tenancy.