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A summary of your rights, adopted from the California Renters Handbook and
California Law.
I. Pre-Inspection.
You and the landlord should fill out an inventory checklist. It’s best to do this before
you move in, but it can be done two or three days later, if necessary. You and the landlord
should walk through the rental unit together and note the condition of the items included in
the checklist in the "Condition Upon Arrival" section. Both of you should sign
and date the form, and both of you should keep a copy. Carefully completing the form at
the beginning of the tenancy will help avoid disagreements about the condition of the unit
when you move out.
II. Shared Utilities
If the utility meter for your rental unit is shared with another unit or another part of the
building, the landlord must reach an agreement with you on who will pay for the shared
utilities. This agreement must be in writing (it can be part of the rental agreement or
lease), and can consist of one of the following options:
- The landlord can pay for the utilities provided through the meter for your rental
unit by placing the utilities in the landlord’s name;
- The landlord can have the utilities in the area outside your rental unit put on a
separate meter in the landlord’s name; or
- You can agree to pay for the utilities provided through the meter for your rental unit
to areas outside your rental unit.
III. Property Entry.
Except in the case of an emergency or abandonment, the landlord must give the tenant
reasonable advance notice before entering the rental unit, and can enter only during normal
business hours (generally, 8:00 a.m. to 5:00 p.m. on weekdays).
Note: The law considers 24 hours advance notice to be reasonable in most situations. The
tenant can consent to shorter notice and to entry at other times. Also, the landlord can
give less than 24 hours’ notice when it is "impracticable" to give 24 hours’
notice (for example, the landlord tries to reach the tenant 24 hours in advance, but the
tenant doesn’t return the call).
IV. Repairs.
Before renting a rental unit to a tenant, a landlord must make the unit fit to live in, or
habitable. Additionally, while the unit is being rented, the landlord must repair problems
which make the rental unit unfit to live in, or uninhabitable. Generally, the landlord also
must do maintenance work which is necessary to keep the rental unit livable. Whether the
landlord or the tenant is responsible for making less serious repairs is usually determined
by the rental agreement.
Note: Tenants are required by law to take reasonable care of their rental units, as
well as common areas such as hallways and outside areas. Tenants must act to keep those
areas clean and undamaged. Tenants also are responsible for repair of all damage that
results from their neglect or abuse, and for repair of damage caused by anyone for whom
they are responsible, such as family, guests, or pets.
V. Resolving Problems.
Communication is the key to avoiding and resolving problems. If you have a problem with
your rental unit, it’s usually best to talk with your landlord before taking other action.
Your landlord may be willing to correct the problem or to work out a solution.
By the same token, the landlord (or the landlord’s agent or manager) should discuss
problems with the tenant before taking formal action. The tenant may be willing to correct
the problem once he or she understands the landlord’s concerns. Both parties should bear
in mind that each has the duty to deal with the other fairly and in good faith.
If discussing the problem with the landlord doesn’t solve it, and if the problem is the
landlord’s responsibility, you should write a letter to the landlord. The letter should
describe the problem, its effect on you, how long the problem has existed, what you may
have done to remedy the problem or limit its effect, and what you would like the landlord
to do. It is recommended that you send the letter via certified letter. You should keep
a copy of this letter, and the certified mail receipt.
VI. Retaliation.
Lessors shall not retaliate against the lessee because of his complaint to an appropriate
agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default
as to the payment of his rent, the lessor may not recover possession of a dwelling in any
action or proceeding, cause the lessee to quit involuntarily, increase the rent, or
decrease any services within 180 days:
- After the date upon which the lessee, in good faith, has given notice pursuant to
Section 1942, or has made an oral complaint to the lessor regarding tenantability; or
- After the date upon which the lessee, in good faith, has filed a written complaint,
or an oral complaint which is registered or otherwise recorded in writing, with an
appropriate agency, of which the lessor has notice, for the purpose of obtaining
correction of a condition relating to tenantability.
It shall also be unlawful for a lessor to increase rent, decrease services, cause a
lessee to quit involuntarily, bring an action to recover possession, or threaten to do
any of such acts, for the purpose of retaliating against the lessee because he or she
has lawfully organized or participated in a lessees' association or an organization
advocating lessees' rights or has lawfully and peaceably exercised any rights under
the law. In an action brought by or against the lessee pursuant to this subdivision,
the lessee shall bear the burden of producing evidence that the lessor's conduct was,
in fact, retaliatory.
VII. Moving Out Notice.
To end a rental agreement, you must give your landlord proper written notice before
you move.
If you pay rent monthly, you must give written notice at least 30 days before you move.
If you pay rent every week, you must give written notice at least seven days before you
move. You must follow these timelines unless your rental agreement provides for
a shorter notice period.
To avoid later disagreements, date the notice, state the date that you intend to move, and
make a copy of the notice for yourself. It’s best to deliver the notice to the landlord or
property manager in person, or mail it by certified mail with return receipt requested.
Note: You can give the landlord notice any time during the rental agreement, but
you must pay full rent during the period covered by the notice. For example, say you have
a month-to-month rental agreement, and pay rent on the first day of each month. You could
give notice any time during the month (for example, on the tenth). Then, you could leave
30 days later (on the tenth of the following month, or earlier if you chose to). But you
would have to pay rent for the first 10 days of the next month whether you stay for those
10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days
if you left earlier, and the landlord rented the unit to another tenant during the
10 days, and the new tenant paid rent for all or part of the 10 days.)
VIII. Eviction.
If the tenant doesn’t voluntarily move out after the landlord has properly
given the required notice to the tenant, the landlord can evict the tenant.
In order to evict the tenant, the landlord must file an unlawful detainer
lawsuit in superior court.
Note: An unlawful detainer lawsuit is a "summary" court procedure.
This means that the court action moves forward very quickly, and that the time given
the tenant to respond during the lawsuit is very short. For example, in most cases, the
tenant has only five days to file a written response to the lawsuit after
being served with a copy of the landlord’s complaint. Normally, a judge will
hear and decide the case within 20 days after the tenant files an answer.
IX. Final Inspection.
At least one week before moving out, you and the landlord should fill out an inventory
checklist. Both of you should
sign and date the form, and both of you should keep a copy.
X. Retrieving your Deposit.
A landlord can only use the tenant’s security deposit to compensate (repay) the landlord
for the tenant’s failure to perform a duty as a tenant.
California law specifically allows the landlord to use the security deposit for four
purposes:
- For unpaid rent;
- For cleaning the rental unit when the tenant moves out, if the unit is not as clean as
when it was rented;
- For repair of damages, other than normal wear and tear, caused by the tenant or the
tenant’s guests; and
- If the lease or rental agreement allows it, for the cost of restoring or replacing
furniture, furnishings, or other items of personal property (including keys), other than
for normal wear and tear.
Note: A landlord can withhold from the security deposit only those amounts
that are reasonably necessary for these purposes. The security deposit cannot
be used for repairing defects that existed in the unit before you moved in, for conditions
caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning
a rental unit that is as clean as it was when you moved in. A rental agreement or lease
can never state that a security deposit is "nonrefundable."
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