This Guide can help landlords, tenants avoid disputes
General obligations
Landlord-tenant disputes are a common occurrence in the renting process. Some of these disputes could be avoided if landlords and tenants were aware of their rights and responsibilities.
Tenants should:
Pay rent on time.
Use reasonable care and not damage property.
Properly dispose of garbage.
Refrain from taking on additional occupants or subleasing without the landlord’s written permission.
Landlords should:
Make property habitable before tenants’ moves in.
Make and pay for repairs due to ordinary wear and tear.
Refrain from turning off a tenant’s water, electricity or gas.
Provide written notice to tenants when ownership of the property is transferred to a new landlord.
Not unlawfully discriminate.
Avoid problems:
The best way to avoid later problems is to address issues in a lease. Put it in writing who has to mow the lawn, fix a clogged sink or pay the utility bills.
California Law
California law offer greater protection for tenants renting from unresponsive landlords as well as more options for landlords to get rid of drug dealers and destructive tenants. Among the provisions:
Authorizes courts to order the quick removal of tenants involved in drug-related criminal activity or violence, even when there is no arrest.
Allows landlords to remove abandoned personal items once they have complied with notice requirements.
Makes a landlord guilty of forcible entry for willfully interrupting utility service, unless it is done for health and safety reasons.
Allows a tenant, under certain circumstances and after giving a landlord written notice, to raise the defense of breach of warranty of habitability in a failure to pay rent eviction.
The lease
Renters are bound either by an oral or written agreement.
WRITTEN AGREEMENT
Written agreements are more common and better protect the tenant and the landlord. When a lease is signed by both parties, it becomes a binding legal contract. If any party does not fulfill the terms of the lease, the person who defaults can be sued, this can be expensive. A tenant is not excused from honoring a lease simply because he does not understand or did not read it.
When considering a written lease agreement, tenants should:
Read the entire contract and ask questions or obtain a legal opinion about unclear provisions.
Ask for changes. If tenants dislike certain provisions in the lease, they have the right to ask landlords to amend the lease with written changes. However if a landlord refuses, which he has a right to do, a tenant must decide whether to sign the lease. If changes are made, both the tenant and landlord should initial the changes.
Do not rely on verbal statements. All promises and agreements should be in writing for your protection.
BASIC LEASE PROVISIONS
At a minimum the lease should include:
Landlord’s name, address and phone number.
Address of rental property.
Amount of monthly rent.
Rent due date and grace period (if any).
Amount of security deposit and conditions for its return.
Length of lease.
OTHER QUESTIONS
Before renting, tenants might get other questions answered or address them in the lease:
Who will pay for electricity, gas and water?
What repairs and cleaning will the landlord do?
What is the policy on keeping pets?
Are fees charged for late payments?
Who takes cares of the yard?
Signed lease: A lease for one year or more must be written and signed by the tenant and landlord.
ORAL AGREEMENT
An oral agreement obligates the landlord and tenant for only one month. A landlord can evict the tenant or raise rent with only one month’s notice if the tenant has lived in the property for less than one year and sixty days notice if tenant has lived in property for one year or more. Likewise, the tenant can give notice to vacate on one month’s notice. (One month’s notice means a full calendar month, and must include a full rental period. For example: If your rent is due on the third day of the month, your rental period runs from the third of the month to the third of the following month.)The tenant or landlord must give written notice to terminate the tenancy. Oral notice from either party to the other is not valid.
LANDLORD CAN END LEASE.
A landlord can end a lease:
When a tenant doesn’t pay rent.
At the end of a written lease.
When a tenant damages property.
When a tenant violates a condition of a written lease.
When a tenant is involved in criminal activity or unlawful activity.
Cyber law
You can find the state statutes at http://www.leginfo.ca.gov/calaw.html see Chapters 1925 through 1997 which address landlord tenant issues.
Expiration of lease
Leases specify a date on which the tenant must move. Neither the landlord nor tenant is required to give notice. Some leases contain an automatic renewal clause. These convert to month to month tenancy unless the lease automatically renewed or the tenant notifies the landlord he will move when the lease ends. Under these conditions, a tenant is entitled to a full refund of the security deposit if other lease provisions have been met. Tenants in the military may have additional rights under the Service Members Civil Relief Act.
Subleasing
If a tenant wishes to move out before a lease ends, he may choose to sublease. This means leasing your lease to another person who moves in and pays rent. However with subleasing, you still are responsible to your landlord for the original lease. You also can be held responsible for any problems created by the new tenant. Before subleasing to another individual, the tenant must be sure that the lease permits subleasing or get the landlord’s approval.
California law allows the landlord to evict if a tenant subleases without agreement or approval. If a tenant needs to move out before the lease terminates, the lease may be canceled if the landlord approves. The tenant and landlord must sign a statement that the lease has been canceled by mutual agreement.
Security deposit
Under California law, a landlord can only require a maximum two months rent as a security deposit for unfurnished properties and three months for furnished units.
At the end of the lease, the landlord has 21 days to return the security deposit with an itemized list of damages for which any portion of the deposit is kept.
The tenant has the right to be present during the move-out inspection, which must be conducted at a reasonable time. To avoid last-minute problems, tenants should ask the landlord in what condition he expects the unit to be left. Then allow plenty of time for cleaning. The landlord may keep all or part of a deposit to pay for actual damages (not for normal wear and tear), unpaid rent, or lost rent due to the tenant moving out without adequate notice.
The tenant may not use the security deposit to pay the last month’s rent. Remember to give the landlord your forwarding address in writing. Otherwise, he may not be able to send your deposit.
A tenant may not use the security deposit to pay for the last month’s rent.
If the landlord has wrongfully withheld all or part of a deposit, the tenant may sue to recover up to three times the amount wrongfully withheld. A tenant may sue a landlord if all or part of the security deposit is wrongfully withheld.
Repair and maintenance
One way to avoid problems with repairs is to have a written agreement, preferably in your lease. The agreement should state which repairs are the landlord’s responsibility and which are the tenant’s. The landlord should be responsible for repairs caused by ordinary wear and tear and natural forces such as the weather. Tenants should pay for damages resulting from their own negligence or the negligence of a guest. If repairs are needed, ask the landlord to make repairs within a reasonable period of time. If repairs are not made, make a written request for the necessary repairs and keep a copy of the letter. If the repairs still are not made, the tenant may seek legal assistance. If the dwelling becomes unsafe due to the repair problems, the tenant should contact local health or housing authorities.
Tenant Remedies:
Under very limited circumstances, the tenant may make repairs and deduct the cost from rent or withhold rent if the Landlord fails to make substantial repairs after written notices by the tenant. The tenant should make sure that rent has been paid and there is no violation of other lease provisions. The tenant should seek legal advice from an attorney before utilizing these self help remedies as their application may be complicated and may risk an eviction action from the Landlord.
Eviction
A landlord may not evict a tenant without a court order. The landlord may begin eviction proceedings if a tenant:
Damages property.
Fails to pay rent.
Violates the terms of the lease.
Injures the lessor or another tenant.
Allows drug-related criminal activity on the premises.
Fails to vacate at the end of the lease term.
Commits a nuisance
Uses the property for illegally purposes.
Fails to vacate after given proper notice.
The tenant will receive a notice that an eviction lawsuit has been filed and will have the opportunity to be heard in court before any eviction.
Discrimination
Landlords cannot refuse to sell, rent, sublease or otherwise make housing available based on a renter’s race, color, religion, sex, disability, familial status or national origin. Landlords also cannot falsely state that housing is not available for discriminatory reasons. However, there are some exceptions to these rules. If you believe you have been a victim of housing discrimination, contact an attorney.
