a guide to residential tenants’ and landlords’rights and responsibilities

CALIFORNIA

Gray Davis, GovernorState of California

Aileen Adams, SecretaryState and Consumer Services Agency

Kathleen Hamilton, DirectorDepartment of Consumer Affairs

T E N A N T S

Gray DavisGovernor

Aileen AdamsSecretary, State and Consumer Services Agency

Kathleen HamiltonDirector, Department of Consumer Affairs

Department of Consumer Affairs, 1998Reprinted, 2000

Updated and reprinted, 2001Reprinted, 2002

California Tenants — A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilitieswas written by the Department of Consumer Affairs’ Legal Services Unit and was edited by theDepartment’s Communications and Education Division. The first printing of this booklet was funded by agrant from the California Consumer Protection Foundation.

The California Department of Fair Employment and Housing contributed to the 1998 text on stateand federal fair housing laws.

NOTICE

The opinions expressed in this booklet are those of the authors and should not be construed asrepresenting the opinions or policy of any agency of the State of California. While this publication isdesigned to provide accurate and current information about the law, readers should consult an attorney orother expert for advice in particular cases, and should also read the relevant statutes and court decisionswhen relying on cited material.

ORDERING INFORMATION

This publication is available on the Internet. See the Department of Consumer Affairs’ homepage atwww.dca.ca.gov.

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 67.

California TenantsA Guide to Residential Tenants’ and Landlords’

Rights and Responsibilities

Dear Reader:

There is no more significant consumer purchase than housing. For mostof us, it’s the biggest part of our budget. It’s where we spend much ofour time, and we want it to be hassle-free!

For landlords and tenants, handing over that new door key marks thebeginning of an important relationship. To help you manage yourrental-housing responsibilities, we’re pleased to share with you theDepartment of Consumer Affairs’ practical “California Tenants” guide.

The “California Tenants” guide is intended as a practical resource forboth tenants and landlords. We’ve provided information about rentalapplications, discrimination, security deposits, repair responsibilities,rent increases, termination of leases, and eviction notices. And please besure to use the inventory checklist before moving in, and again whenmoving out.

If you need additional assistance, we’ve also provided a comprehensivelist of resources in communities throughout the Golden State.

We hope you find “California Tenants” helpful. You can get moreinformation by visiting the Department’s Web site at www.dca.ca.govor by calling 1-800-952-5210.

Sincerely,

Kathleen HamiltonDirector, California Department of Consumer Affairs

III

TABLE OF CONTENTS

INTRODUCTION ......................................... 1

HOW TO USE THIS BOOKLET ................ 1

WHO IS A “LANDLORD”AND WHO IS A “TENANT?” ..................... 2General Information AboutLandlords and Tenants .................................... 2Special Situations ............................................ 2

Hotels and motels ..................................... 2Residential hotels ...................................... 3Single lodger in a private residence .......... 3Transitional housing ................................. 3Mobilehome parks andrecreational vehicle parks ......................... 3

LOOKING FOR A RENTAL UNIT ............ 4Looking For and InspectingRental Units ..................................................... 4

Looking for a rental unit ........................... 4Prepaid rental listing services ................... 4Inspecting before you rent ........................ 5

The Rental Application ................................... 6Credit Checks .................................................. 6Application Screening Fee .............................. 7Holding Deposit .............................................. 8Unlawful Discrimination ................................. 8

What is unlawful discrimination? ............. 8Examples of unlawful discrimination ....... 9Limited exceptions forsingle rooms and roommates .................... 9Resolving housingdiscrimination problems ........................... 10

BEFORE YOU AGREE TO RENT ............. 10

Rental Agreements and Leases ........................ 10General information .................................. 10Oral rental agreements .............................. 11Written rental agreements ......................... 11Leases ........................................................ 12

Shared Utility Meters ...................................... 12

Spanish-Language Translation ofProposed Rental Agreement ............................ 12

WHEN YOU HAVEDECIDED TO RENT .................................... 13What the Rental Agreement or LeaseShould Include ................................................. 13Key terms ........................................................ 13

Tenant’s basic legal rights ......................... 14Landlord’s and tenant’s duty of good faithand fair dealing ......................................... 15Shared utilities .......................................... 15

Landlord’s Disclosures .................................... 15Lead-based paint ....................................... 15Periodic pest control treatments ............... 15Asbestos .................................................... 15

Alterations to Accommodate aDisabled Tenant ............................................... 15Basic Rules GoverningSecurity Deposits ............................................. 16The Inventory Checklist .................................. 17Renter’s Insurance ........................................... 17Rent Control .................................................... 18

LIVING IN THE RENTAL UNIT ................ 18Paying the Rent ............................................... 18

When is rent due? ..................................... 18Obtaining receipts for rent payments ....... 19Late fees and dishonored check fees ........ 19Partial rent payments ................................ 19

Security Deposit Increases .............................. 19Rent Increases.................................................. 20

How often can rent be raised? .................. 20Rent increase; notice and effectivedate ............................................................ 20Example of a rent increase ........................ 21

When Can the LandlordEnter the Rental Unit? ..................................... 21Subleases and Assignments ............................. 22

Subleases ................................................... 22Assignments .............................................. 22

IV

DEALING WITH PROBLEMS ................... 23Repairs and Habitability .................................. 23

Landlord’s responsibility for repairs ........ 23Tenant’s responsibility for repairs ............ 23Conditions that make arental unit legally uninhabitable ............... 24Limitations on landlord’s dutyto keep the rental unit habitable ............... 24Responsibility for other kindsof repairs ................................................... 25Tenant’s agreement to make repairs ......... 25

Having Repairs Made ...................................... 25The “repair and deduct” remedy ............... 26The “abandonment” remedy ..................... 26The “rent withholding” remedy ................ 27Giving the landlord notice ........................ 29Tenant information .................................... 30Lawsuit for damages as a remedy ............. 30Resolving complaints out of court ............ 31

Landlord’s Sale of the Rental Unit .................. 31Condominium Conversions ............................. 31

MOVING OUT .............................................. 31Giving and Receiving Proper Notice .............. 31

Tenant’s notice to end aperiodic tenancy ........................................ 31Landlord’s notice to end aperiodic tenancy ........................................ 32

Advance Payment ofLast Month’s Rent ........................................... 33Refunds of Security Deposits .......................... 34

Common problems andhow to avoid them..................................... 34Suggested approaches tosecurity deposit deductions ....................... 34Refund of security depositsafter sale of building ................................. 36Legal actions for obtainingrefunds of security deposits ...................... 37

Moving at the End of a Lease ......................... 38The Inventory Checklist .................................. 38

TERMINATIONS AND EVICTIONS ......... 38When Can a LandlordTerminate a Tenancy? ...................................... 38Written Notices of Termination....................... 39

Thirty-day notice ...................................... 39How to respond to a thirty-day notice ...... 39Three-day notice ....................................... 39

How to respond to a three-day notice ....... 40How to count the three days ..................... 41

Proper Service of Notices ................................ 41The Eviction Process(Unlawful Detainer Lawsuit) .......................... 42

Overview of the eviction process ............. 42How to respond to anunlawful detainer lawsuit ......................... 43Eviction of “unnamed occupants” ............ 43Appearing in court .................................... 44After the court’s decision .......................... 44Writ of possession ..................................... 45Setting aside a default judgment ............... 45

Retaliatory Actions, Evictions, andDiscrimination ................................................. 46

Retaliatory actions and evictions .............. 46Retaliatory discrimination ........................ 46

RESOLVING PROBLEMS .......................... 47Talk With Your Landlord ................................. 47Getting Help From a Third Party .................... 47Arbitration and Mediation ............................... 48

GLOSSARY ................................................... 49

APPENDIX 1 - OCCUPANTS NOT NAMEDIN EVICTION LAWSUIT OR WRIT OFPOSSESSION ................................................ 52Occupants Not Named inEviction Lawsuit ............................................. 52Occupants Not Named inWrit of Possession ........................................... 52

APPENDIX 2 - LIST OF CITIESWITH RENT CONTROL ............................ 53

APPENDIX 3 - TENANTINFORMATION AND ASSISTANCERESOURCES ................................................. 53

APPENDIX 4 - OTHER RESOURCES ...... 58Publications on Landlord-Tenant Law ............ 58Department of Consumer Affairs —Other Publications ........................................... 59

INDEX ............................................................ 59

INVENTORY CHECKLIST ........................ 65

HOW TO ORDERCOPIES OF THIS BOOKLET .................... 67

1

INTRODUCTIONWhat should a tenant do if his or her apartment

needs repairs? Can a landlord force a tenant tomove? How many days’ notice does a tenant haveto give a landlord before the tenant moves? Can alandlord raise a tenant’s rent? California Tenants —A Guide to Residential Tenants’ and Landlords’Rights and Responsibilities answers these questionsand others.

Whether the tenant is renting a room, anapartment, a house, or a duplex, the landlord-tenantrelationship is governed by federal, state, and locallaws. This booklet focuses on California laws thatgovern the landlord-tenant relationship, andsuggests things that both the landlord and tenantcan do to make the relationship a good one.Although the booklet is written from the tenant’spoint of view, landlords can also benefit from itsinformation.

Tenants and landlords should discuss theirexpectations and responsibilities before they enterinto a rental agreement. If a problem occurs, thetenant and landlord should try to resolve theproblem by open communication and discussion.Honest discussion of the problem may show eachparty that he or she is not completely in the right,and that a fair compromise is in order.

If the problem is one for which the landlord isresponsible (see pages 23-25), the landlord may bewilling to correct the problem or to work out asolution without further action by the tenant. If theproblem is one for which the tenant is responsible(see page 24-25), the tenant may agree to correctthe problem once the tenant understands thelandlord’s concerns. If the parties cannot reach asolution on their own, they may be able to resolvethe problem through mediation or arbitration (seepage 48). In some situations, a court action mayprovide the only solution (see pages 30-31, 37-38,42-47).

The Department of Consumer Affairs hopesthat tenants and landlords will use this booklet’sinformation to avoid problems in the first place,and to resolve those problems that do occur.

HOW TO USE THIS BOOKLETYou can probably find the information you

need by using this booklet’s Table of Contents,Index, and Glossary of Terms.

TABLE OF CONTENTS

The Table of Contents (pages iii-iv) showsthat the booklet is divided into nine mainsections. Each main section is divided intosmaller sections. For example, if you wantinformation about the rental agreement, lookunder “Rental Agreements and Leases” in the“BEFORE YOU AGREE TO RENT” section.

INDEX

Most of the topics are mentioned in theTable of Contents. If you don’t find a topicthere, look in the Index (page 59). It’s morespecific than the Table of Contents. For ex-ample, under “Cleaning” in the Index, you’llfind the topics “deposits or fees,” “tenant’sresponsibility,” etc.

GLOSSARY

If you just want to know the meaning of aterm, such as “eviction” or “holding deposit,”look in the Glossary (page 49). The glossarygives the meaning of 62 terms. Each of theseterms also is printed in boldface type the firsttime that it appears in each section of thebooklet.

The Department of Consumer Affairs hopesthat you will find the information you’relooking for in this booklet. If you don’t, call orwrite one of the resources listed in “GettingHelp From a Third Party” (see pages 47-48) or“Tenant Information and Assistance Resources”(see page 53).

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WHO IS A “LANDLORD” ANDWHO IS A “TENANT?”

GENERAL INFORMATION ABOUTLANDLORDS AND TENANTS

A landlord is a person or a company that owns arental unit. The landlord rents or leases the rental unitto another person, called a tenant, for the tenant tolive in. The tenant obtains the right to the exclusiveuse and possession of the rental unit during the leaseor rental period.

Sometimes, the landlord is called the “owner,” andthe tenant is called a “resident.”

A rental unit is an apartment, house, duplex,condominium, or room that a landlord rents to a tenant tolive in. In this booklet, the term rental unit means anyone of these. Because the tenant uses the rental unit tolive in, it is called a “residential rental unit.”

Often, a landlord will have a rental agent or aproperty manager who manages the rental property.The agent or manager is employed by the landlord andrepresents the landlord. In most instances, the tenantcan deal with the rental agent or property manager asif this person were the landlord. For example, a tenantcan work directly with the agent or manager to resolveproblems. When a tenant needs to give the landlordone of the tenant notices described in this booklet (forexample, see pages 29, 31), the tenant can give thenotice to the landlord’s rental agent or propertymanager.

The name, address and telephone number of themanager and an owner of the building (or other personwho is authorized to receive legal notices for theowner) must be written in the rental agreement orlease, or posted conspicuously in the rental unit orbuilding.1

SPECIAL SITUATIONS

The tenant rights and responsibilities discussed inthis booklet apply only to people whom the law definesas tenants. Generally, under California law, lodgers andresidents of hotels and motels have the same rights astenants.2 Situations in which lodgers and residents ofhotels and motels do and do not have the rights oftenants, and other special situations, are discussed in theaccompanying “Special Situations” sidebar.

SPECIAL SITUATIONS

Hotels and motelsIf you are a resident in a hotel or

motel, you do not have the rights of atenant in any of the following situations:1. You live in a hotel, motel, residence

club, or other lodging facility for 30days or less, and your occupancy issubject to the state’s hotel occupancytax.

2. You live in a hotel, motel, residenceclub, or other lodging facility formore than 30 days, but have not paidfor all room and related chargesowing by the thirtieth day.

3. You live in a hotel or motel to whichthe manager has a right of access andcontrol, and all of the following istrue:• The hotel or motel allows occu-

pancy for periods of fewer thanseven days.

• All of the following services areprovided for all residents:

- a fireproof safe for residents’use;

- a central telephone service;

- maid, mail, and room service;and

- food service provided by a foodestablishment that is on or nextto the hotel or motel groundsand that is operated in conjunc-tion with the hotel or motel.

If you live in a unit described byeither 1, 2 or 3 above, you are not atenant; you are a guest. Therefore, youdon’t have the same rights as a tenant.3

1 Civil Code Sections 1961, 1962, 1962.5. See Moskovitzet al., California Landlord-Tenant Practice, Section 1.29(Cal. Cont Ed. Bar, 2000).

2 Civil Code Section 1940(a).

(CONTINUED ON PAGE 3)

3 Civil Code Section 1940.

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For example, the proprietor of a hotel can“lock out” a guest who doesn’t pay his orher room charges on time, while alandlord would have to begin formaleviction proceedings to evict a nonpayingtenant.

Residential hotelsYou have the legal rights of a tenant

if you are a guest in a residential hotelwhich is in fact your primary residence.4

“Residential hotel” means any buildingwhich contains six or more guest roomsor efficiency units which are designed,used, rented or occupied for sleepingpurposes by guests, and which is theprimary residence of these guests.5

It is unlawful for the proprietor of aresidential hotel to require a guest tomove or to check out and reregisterbefore the guest has lived there for 30days, if the proprietor’s purpose is toprevent the guest from gaining the legalrights of a tenant.6 A person who violatesthis law may be punished by a $500 civilpenalty and may be required to pay theguest’s attorney fees.

Single lodger in a privateresidence

A lodger is a person who lives in aroom in a house where the owner lives.The owner can enter all areas occupied bythe lodger and has overall control of thehouse.7 Most lodgers have the same rightsas tenants.8

However, in the case of a singlelodger in a house where there are noother lodgers, the owner can evict thelodger without using formal evictionproceedings. The owner can give thelodger written notice that the lodger

9 Civil Code Section 1946.5, Penal Code Section 602.3.

10 Health and Safety Code Sections 50580-50591.11 Civil Code Sections 798-799.9.12 Civil Code Sections 799.20-799.79.13 California Practice Guide, Landlord-Tenant,

Paragraphs 11:27-11:28 (Rutter Group 2000).

4 Health and Safety Code Section 50519(b)(1); seeCalifornia Practice Guide, Landlord-Tenant, Para-graphs 2:39, 2:40.1, 7:6.2 (Rutter Group 2000).

5 Health and Safety Code Sections 50519(b)(1), 17958.1.6 Civil Code Section 1940.1.7 Civil Code Section 1946.5.8 Civil Code Section 1940(a).

“LANDLORD” AND “TENANT”

cannot continue to use the room. Thelength of the notice must be the same asthe amount of time between rent pay-ments (for example, 30 days). (See“Tenant’s notice to end a periodictenancy,” pages 31-32.) When the ownerhas given the lodger proper notice andthe time has expired, the lodger has nofurther right to remain in the owner’shouse and may be removed as a tres-passer.9

Transitional housingSome tenants are residents of

“transitional housing.” Transitionalhousing provides housing to formerlyhomeless persons for periods of 30 daysto 24 months. Special rules cover thebehavior of residents in, and eviction ofresidents from, transitional housing.10

Mobilehome parks andrecreational vehicle parks

Special rules in the MobilehomeResidency Law11 or the RecreationalVehicle Park Occupancy Law,12 and notthe rules discussed in this booklet, covermost landlord-tenant relationships inmobilehome parks and recreationalvehicle parks.

However, normal eviction procedures(see pages 38-46) must be used to evictcertain mobilehome residents. Specifi-cally, a person who leases a mobilehomefrom its owner (who has leased the sitefor the mobilehome directly from themanagement of the mobilehome park) issubject to the eviction proceduresdescribed in this booklet, and not theeviction provisions in the MobilehomeResidency Law. The same is true for aperson who leases both a mobilehomeand the site for the mobilehome from themobilehome park management.13

SPECIAL SITUATIONS, CONTINUED

4

14 Business and Professions Code Section 10167.15 Business and Professions Code Section 10167.9(a).16 Business and Professions Code Section 10167.10.

LOOKING FORA RENTAL UNIT

LOOKING FOR AND INSPECTING RENTALUNITS

Looking for a rental unitWhen you are looking for a rental unit,

the most important things to think about are:

• The dollar limit that you can affordfor monthly rent and utilities.

• The dollar limit that you can affordfor all deposits that may be required(for example, holding and securitydeposits).

• The location that you want.

In addition, you also should carefullyconsider the following:

• The kind of rental unit that you want(for example, an apartment complex,a duplex, or a single-family house),and the features that you want (suchas the number of bedrooms andbathrooms).

• Whether you want a month-to-monthrental agreement or a lease (see pages10-12).

• Access to schools, stores, publictransportation, medical facilities,child-care facilities, and othernecessities and conveniences.

• The character and quality of theneighborhood (for example, its safetyand appearance).

• The condition of the rental unit (see“Inspecting before you rent,” page 5).

• Other special requirements that you oryour family members may have (forexample, wheelchair access).

You can obtain information on places torent from many sources. Local newspaperscarry classified advertisements on availablerental units. In many areas, there are freeweekly or monthly publications devoted torental listings. Local real estate offices and

PREPAID RENTAL LISTING SERVICES

Businesses known as prepaid rental listingservices sell lists of rental units that are available.These businesses are regulated by the CaliforniaDepartment of Real Estate and must be licensed.14

If you use a prepaid rental listing service, itmust enter into a contract with you before itaccepts any money from you.15 The contract mustdescribe the services that the prepaid rental listingservice will provide you. The contract also mustinclude a description of the kind of rental unit thatyou want to find. For example, the contract muststate the number of bedrooms that you want andthe highest rent that you will pay.

Before you enter into a contract with aprepaid rental listing service or pay for informa-tion about available rental units, ask if the serviceis licensed and whether the list of rentals iscurrent. The contract cannot be for more than 90days. The law requires prepaid rental listingservices to give you a minimum of three currentrentals within five days after you sign the con-tract.

You can receive a refund of the fee that youpaid for the list of current rentals if the list doesnot contain three current rental units of the kindthat you described in the contract.16 In order toobtain a refund, you must demand a full refundfrom the prepaid rental listing service within 15days of signing the contract. Your demand for arefund must be in writing and must be personallydelivered or sent by certified or registered mail.(However, you can’t get a refund if you found arental using the services of the prepaid rentallisting service.)

If you don’t find a rental unit from the listyou bought, or if you rent from another source,the prepaid rental listing service can keep only$50 of the fee that you paid. The service mustrefund the balance, but you must request therefund within 10 days after the end of the con-tract. You must provide documentation that youdid not move, or that you did not find your newrental using the services of the prepaid rentallisting service. If you don’t have documentation,you can fill out and swear to a form that theprepaid rental listing service will give you for thispurpose. You can deliver your request for a refundpersonally or by mail (preferably, by certified orregistered mail with return receipt requested).Look in the contract for the address. The servicemust make the refund within 10 days after itreceives your request.

5

property management companies often haverental listings. Bulletin boards in public build-ings, local colleges, and churches often havenotices about places for rent. You can also lookfor “For Rent” signs in the neighborhoods whereyou would like to live.

Inspecting before you rentBefore you decide to rent, carefully inspect

the rental unit with the landlord or the landlord’sagent. Make sure that the unit has been main-tained well. Use the inventory checklist (page 65)as an inspection guide. When you inspect therental unit, look for the following problems:

• Cracks or holes in the floor, walls, orceiling.

• Signs of leaking water or water damage inthe floor, walls, or ceiling.

• Signs of rust in water from the taps.• Leaks in bathroom or kitchen fixtures.• Lack of hot water.• Inadequate lighting or insufficient electri-

cal outlets.• Inadequate heating or air conditioning.• Inadequate ventilation or offensive odors.• Defects in electrical wiring and fixtures.• Damaged flooring.• Damaged furnishings (if it’s a furnished

unit).• Signs of insects, vermin, or rodents.• Accumulated dirt and debris.• Inadequate trash and garbage receptacles.• Chipping paint in older buildings. (Paint

chips sometimes contain lead, which cancause lead poisoning if children eat them.If the building was built before 1978, youmay want to read the booklet, “ProtectYour Family From Lead in Your Home,”which is available by calling1-800-424-LEAD.)

• Signs of asbestos-containing materials inolder buildings, such as flaking ceilingtiles, or crumbling pipe wrap or insulation.(Asbestos particles can cause serioushealth problems if they are inhaled.)

Also, look at the exterior of the building andany common areas, such as hallways and court-yards. Does the building appear to be well-maintained? Are the common areas clean andwell-kept?

The quality of rental units can vary greatly.You should understand the unit’s good pointsand shortcomings, and consider them all whendeciding whether to rent, and whether the rent isreasonable.

Ask the landlord who will be responsiblefor paying for utilities (gas, electric, water, andtrash collection). You will probably be respon-sible for some, and possibly all, of them. Try tofind out how much the previous tenant paid forutilities. This will help you be certain that youcan afford the total amount of the rent andutilities each month. With increasing energycosts, it’s important to consider whether therental unit and its appliances are energy effi-cient.

If the rental unit is a house or duplex with ayard, ask the landlord who will be responsiblefor taking care of the yard. If you will be, askwhether the landlord will supply necessaryequipment, such as a lawn mower and a hose.

During this initial walk-through of therental unit, you will have the chance to see howyour potential landlord reacts to your concernsabout it. At the same time, the landlord willlearn how you handle potential problems. Youmay not be able to reach agreement on everypoint, or on any. Nonetheless, how you getalong will help both of you decide whether youwill become a tenant.

If you find problems like the ones listedabove, discuss them with the landlord. If theproblems are ones that the law requires thelandlord to repair (see pages 23-25), find outwhen the landlord intends to make the repairs. Ifyou agree to rent the unit, it’s a good idea to getthese promises in writing, including the date bywhich the repairs will be completed.

If the landlord isn’t required by law to makethe repairs, you should still write down adescription of any problems if you are going torent the property. It’s a good idea to ask thelandlord to sign and date the written description.Also, take photographs or a video of theproblems. Your signed, written description andphotographs or video will document that theproblems were there when you moved in, andcan help avoid disagreement later about yourresponsibility for the problems.

Finally, it’s a good idea to walk or drivearound the neighborhood during the day andagain in the evening. Ask neighbors how theylike living in the area. If the rental unit is in an

LOOKING FOR A RENTAL UNIT

6

apartment complex, ask some of the tenants howthey get along with the landlord and the othertenants. If you are concerned about safety, askneighbors and tenants if there have been anyproblems, and whether they think that the area issafe.

The landlord must notify all potential tenantsin writing if the landlord knows that the rentalunit is within one mile of a closed military basein which ammunition or military explosives wereused.17

THE RENTAL APPLICATION

Before renting to you, most landlords willask you to fill out a written rental applicationform. A rental application is different from arental agreement (see pages 10-11). The rentalapplication is like a job or credit application. Thelandlord will use it to decide whether to rent toyou.

A rental application usually asks for thefollowing information:

• The names, addresses, and telephonenumbers of your current and pastemployers.

• The names, addresses, and telephonenumbers of your current and pastlandlords.

• The names, addresses, and telephonenumbers of people whom you want to useas references.

• Your social security number.

• Your driver’s license number.

• Your bank account numbers.

• Your credit account numbers for creditreference.

The application also may contain an authori-zation for the landlord to obtain a copy of yourcredit report, which will show the landlord howyou have handled your financial obligations inthe past.

The landlord may ask you what kind of jobyou have, your monthly income, and otherinformation that shows your ability to pay therent. It is illegal for the landlord to ask youquestions about your race, color, national origin,ancestry, religion, sex, sexual orientation, or age.It also is illegal for the landlord to ask whetheryou have persons under the age of 18 living inyour household, whether you are married, orwhether you have a disability18 (see “UnlawfulDiscrimination,” page 8).

The landlord may ask you about the numberof people who will be living in the rental unit. Inorder to prevent overcrowding of rental units,California has adopted the Uniform HousingCode’s occupancy requirements,19 and the basiclegal standard is set out in footnote 19. However,the practical rule is this: a landlord can establishreasonable standards for the number of people persquare feet in a rental unit, but the landlord cannotuse overcrowding as a pretext for refusing to rentto tenants with children if the landlord would rentto the same number of adults.20

CREDIT CHECKS

The landlord or the landlord’s agent willprobably use your rental application to check yourcredit history and past landlord-tenant relations.The landlord may obtain your credit report from acredit reporting agency to help him or herdecide whether to rent to you. Credit reportingagencies (or “credit bureaus”) keep records ofpeople’s credit histories, called “credit reports.”Credit reports state whether a person has beenreported as being late in paying bills, has been thesubject of an unlawful detainer lawsuit (seepage 42), or has filed bankruptcy.

Other businesses, called tenant screeningservices, collect and sell information on tenants,such as whether they pay their rent on time andwhether they have been the subject of an unlawfuldetainer lawsuit.

The landlord may use this information tomake a final decision on whether to rent to you.

17 Civil Code Section 1940.7.18 Civil Code Sections 51-53; Government Code Sections

12900-12996; 42 USC Section 3601 and following.However, after you and the landlord have agreed thatyou will rent the unit, the landlord may ask for proof ofyour disability if you ask for a “reasonable accommo-dation” for your disability, such as installing specialfaucets or door handles. (Brown and Warner, TheCalifornia Landlords’ Law Book, Vol. I: Rights &Responsibilities, page 9/18 [NOLO Press 2001]).

19 Health and Safety Code Section 17922; see UniformHousing Code Section 503(b) (every residential rentalunit must have at least one room that is at least 120square feet; other rooms used for living must be at least70 square feet; and any room used for sleeping mustincrease the minimum floor area by 50 square feet foreach occupant in excess of two). Different rules apply inthe case of “efficiency units.” (See Uniform HousingCode Section 503(b), Health and Safety Code Section17958.1.)

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Generally, landlords prefer to rent to people whohave a history of paying their rent and other billson time.

A landlord usually doesn’t have to give you areason for refusing to rent to you. However, if thedecision is based partly or entirely on negativeinformation from a credit reporting agency or atenant screening service, the law requires thelandlord to give you a written notice stating all ofthe following:

• The decision was based partly or entirelyon information in the credit report; and

• The name, address, and telephone numberof the credit reporting agency; and

• A statement that you have the right toobtain a free copy of the credit reportfrom the credit reporting agency thatprepared it.21

If the landlord refuses to rent to you based onyour credit report, it’s a good idea to get a freecopy of your credit report and to correct anyerroneous items of information in it.22 Erroneousitems of information in your credit report maycause other landlords to refuse to rent to you also.

Also, if you know what your credit reportsays, you may be able to explain any problemswhen you fill out the rental application. Forexample, if you know that your credit report saysthat you never paid a bill, you can provide a copyof the canceled check to show the landlord thatyou did pay it.

APPLICATION SCREENING FEE

When you submit a rental application, thelandlord may charge you an application screeningfee. The landlord may charge up to $30, and mayuse the fee to cover the cost of obtaining informa-tion about you, such as checking your personalreferences and obtaining a credit report on you.23

The application fee cannot legally be morethan the landlord’s actual out-of-pocket costs, andcan never be more than $30. The landlord mustgive you a receipt that itemizes his or her out-of-pocket expenses in obtaining and processing theinformation about you. The landlord must returnany unused portion of the fee (for example, if thelandlord does not check your references).

The landlord can’t charge you an applicationscreening fee when the landlord knows or shouldknow that there is no vacancy or that there will beno vacancy within a reasonable time. However,the landlord can charge an application screeningfee under these circumstances if you agree inwriting to pay for it.24

If the landlord obtains your credit report, thelandlord must give you a copy of the report if yourequest it. As explained in the section on “CreditChecks,” it’s a good idea to get a copy of yourcredit report from the landlord so that you knowwhat’s being reported about you.

Before you pay the application screening fee,ask the landlord the following questions about it:

• How long will it take the landlord to get acopy of your credit report? How long willit take the landlord to review the creditreport and decide whether to rent to you?

• Is the fee refundable if the credit checktakes too long and you’re forced to rentanother place?

• If you already have a current copy of yourcredit report, will the landlord accept itand either reduce the fee or not charge itat all?

20 Brown and Warner, The California Landlord’s LawBook, Vol. I: Rights & Responsibilities, page 9/22(NOLO Press 2001).

21 Consumer Credit Reporting Agencies Act, Civil CodeSections 1785.1-1785.35 and Section 1785.20(a);Investigative Consumer Reporting Agencies Act, CivilCode Sections 1786-1786.56. In order to receive a freecopy of your credit report, you must request it within 60days after receiving the notice of denial.

22 Civil Code Section 1785.16.23 Civil Code Section 1950.6. The landlord may adjust the

$30 maximum fee each year based on changes in theConsumer Price Index since January 1, 1998.

24 Civil Code Section 1950.6(c).

LOOKING FOR A RENTAL UNIT

If the landlord refuses to rent toyou based on your credit report, it’s

a good idea to get a free copy ofyour credit report and to correct

any erroneous items ofinformation in it.

“

”

8

If you don’t like the landlord’s policy onapplication screening fees, you may want to lookfor another rental unit. If you decide to pay theapplication screening fee, any agreement regard-ing a refund should be in writing.

HOLDING DEPOSIT

Sometimes, the tenant and the landlord willagree that the tenant will rent the unit, but thetenant cannot move in immediately. In thissituation, the landlord may ask the tenant for aholding deposit. A holding deposit is a deposit tohold the rental unit for a stated period of timeuntil the tenant pays the first month’s rent and anysecurity deposit. During this period, the landlordagrees not to rent the unit to anyone else. If thetenant changes his or her mind about moving in,the landlord may keep at least some of the holdingdeposit.

Ask the following questions before you pay aholding deposit:

• Will the deposit be applied to the firstmonth’s rent? If so, ask the landlord for adeposit receipt stating this. Applying thedeposit to the first month’s rent is acommon practice.

• Is any part of the holding deposit refund-able if you change your mind aboutrenting? As a general rule, if you changeyour mind, the landlord can keep some —and perhaps all — of your holding deposit.The amount that the landlord can keepdepends on the costs that the landlord hasincurred because you changed your mind— for example, additional advertisingcosts and lost rent.

You may also lose your deposit even if thereason you can’t rent is not your fault — forexample, if you lose your job and become unableto afford the rental unit.

If you and the landlord agree that all or partof the deposit will be refunded to you in the eventthat you change your mind or can’t move in, makesure that the written receipt clearly states youragreement.

A holding deposit merely guarantees that thelandlord will not rent the unit to another personfor a stated period of time. The holding depositdoesn’t give the tenant the right to move into therental unit. The tenant must first pay the firstmonth’s rent and all other required depositswithin the holding period. Otherwise, the landlordcan rent the unit to another person and keep all orpart of the holding deposit.

Suppose that the landlord rents to somebodyelse during the period for which you’ve paid aholding deposit, and you are still willing and ableto move in. The landlord should, at a minimum,return the entire holding deposit to you. You mayalso want to talk with an attorney, legal aidorganization, tenant-landlord program, or housingclinic about whether the landlord may be respon-sible for other costs that you may incur because ofthe loss of the rental unit.

If you give the landlord a holding depositwhen you submit the rental application, but thelandlord does not accept you as a tenant, thelandlord must return your entire holding depositto you.

UNLAWFUL DISCRIMINATION

What is unlawful discrimination?It is unlawful for a landlord to refuse to rent

to a tenant or to engage in any other type ofdiscrimination on the basis of group characteris-tics specified by law (such as race or religion)that are not closely related to the business needsof the landlord.25 Indeed, the California Legisla-ture has declared that the opportunity to seek,obtain and hold housing without unlawful dis-crimination is a civil right.26

Under California law, it is unlawful for alandlord, managing agent, real estate broker, orsalesperson to discriminate against a person orharass a person because of the person’s race,color, religion, sex, sexual orientation, maritalstatus, national origin, ancestry, familial status,source of income, or disability.27 California lawalso prohibits discrimination based on any of thefollowing:

25 For example, the landlord may properly require that aprospective tenant have an acceptable credit history andbe able to pay the rent and security deposit, and haveverifiable credit references and a good history of payingrent on time. (See Moskovitz and Warner, CaliforniaTenants’ Rights, page 5/4 [NOLO Press 2001].)

26 Government Code Section 12921(b).27 Government Code Sections 12927(e), 12955(a),(d). See

Fair Employment and Housing Act, Government CodeSection 12900 and following; federal Fair Housing Act,42 United States Code Section 3601 and following.

28 Government Code Sections 12927(c)(1), 12955.

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• A person’s medical condition or mentalor physical disability; or

• Personal characteristics, such as aperson’s physical appearance or sexualorientation that are not related to theresponsibilities of a tenant;29 or

• A perception of a person’s race, color,religion, sex, sexual orientation, maritalstatus, national origin, ancestry,familial status, source of income, ordisability, or a perception that a personis associated with another person whomay have any of these characteristics.30

Under California law, a landlord, agent orbroker cannot use a financial or incomestandard for persons who want to live togetherand aggregate (combine) their incomes that isdifferent from the standard that is used formarried persons who aggregate their incomes.In the case of a government rent subsidy, alandlord who is assessing a potential tenant’seligibility for a rental unit must use a financialor income standard that is based on the portionof rent that the tenant would pay.31

It is illegal for landlords to discriminateagainst families with children under 18.However, housing for senior citizens mayexclude families with children. “Housing forsenior citizens” includes housing that isoccupied only by persons who are at least age62, or housing that is operated for occupancyby persons who are at least age 55 and thatmeets other occupancy, policy and reportingrequirements stated in the law.32

Limited exceptions for single roomsand roommates

If the owner of an owner-occupied, single-family home rents out a room in the home to aroomer or a boarder, and there are no otherroomers or boarders living in the household,the owner is not subject to the restrictionslisted under “Examples of unlawful discrimi-nation” on this page.

EXAMPLES OF UNLAWFUL DISCRIMINATION

Unlawful housing discrimination can take avariety of forms. Under California’s Fair Employ-ment and Housing Act, it is unlawful for a landlord,managing agent, real estate broker, or salesperson todiscriminate against any person because of theperson’s race, color, religion, sex, sexual orientation,marital status, national origin, ancestry, familialstatus, source of income, or disability in any of thefollowing ways:

• Refusing to sell, rent, or lease.• Refusing to negotiate for a sale, rental, or

lease.• Representing that housing is not available for

inspection, sale, or rental when it is, in fact,available.

• Otherwise denying or withholding housingaccommodations.

• Providing inferior housing terms, conditions,privileges, facilities, or services.

• Harassing a person in connection with housingaccommodations.

• Canceling or terminating a sale or rentalagreement.

• Providing segregated or separated housingaccommodations.

• Refusing to permit a disabled person, at thedisabled person’s own expense, to makereasonable modifications to a rental unit thatare necessary to allow the disabled person“full enjoyment of the premises.” As acondition of making the modifications, thelandlord may require the disabled person toenter into an agreement to restore the interiorof the rental unit to its previous condition atthe end of the tenancy (excluding reasonablewear and tear).

• Refusing to make reasonable accommodationsin rules, policies, practices, or services whennecessary to allow a disabled person “equalopportunity to use and enjoy a dwelling.”28

LOOKING FOR A RENTAL UNIT

29 Civil Code Sections 51, 51.2, 53; Harris v. Capital GrowthInvestors XIV (1991) 52 Cal.3d 1142 [278 Cal.Rptr. 614].

30 Government Code Section 12955(m).31 Government Code Sections 12955(n),(o).32 42 United States Code Section 3607(b), Civil Code Section

51.3(b)(1). “Housing for senior citizens” also includes:Housing that is provided under any state or federal programthat the Secretary of Housing and Urban Development hasdetermined is specifically designed and operated to assist

elderly persons (42 United States Code Section3607(b)); or a housing development that isdeveloped, substantially rehabilitated or substan-tially renovated for senior citizens and that hasthe minimum number of dwelling units required bylaw for the type of area where the housing islocated (for example, 150 dwelling units builtafter January, 1996 in large metropolitan areas)(Civil Code Sections 51.2, 51.3).

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However, the owner cannot make oral orwritten statements, or use notices or advertisementswhich indicate any preference, limitation, ordiscrimination based on race, color, religion, sex,sexual orientation, marital status, national origin,ancestry, familial status, source of income, ordisability.33

A person in a single-family dwelling whoadvertises for a roommate may express a prefer-ence on the basis of gender, if living areas (such asthe kitchen, living room, or bathroom) will beshared by the roommate.34

Resolving housing discrimination problemsIf you are a victim of housing discrimination

(for example, if a landlord refuses to rent to youbecause of your race or national origin), you mayhave several legal remedies, including:

• Compensation for the actual damages thatyou suffered.

• Admission to the housing you want, orsimilar housing.

• Reimbursement for the expenses that youincurred to find other housing.

• Damages that you suffered and are able toprove, in addition to actual expenses.

• Attorney’s fees.Sometimes, a court may order the landlord to

take specific action to stop unlawful discrimina-tion. For example, the landlord may be ordered toadvertise vacancies in newspapers published byethnic minority groups, or to place fair housingposters in the rental office.

A number of resources are available to helpresolve housing discrimination problems:

• Local fair housing organizations (oftenknown as fair housing councils). Look inthe white pages of the phone book.

• Local California apartment associationchapters. Look in the white pages of thephone book.

• Local government agencies. Look in thephone book under City or County Govern-ment Offices, or call the offices of localelected officials (for example, your citycouncil representative or your countysupervisor).

• The California Department of FairEmployment and Housing investigateshousing discrimination complaints (but notother kinds of landlord-tenant problems).The department’s Housing EnforcementUnit can be reached at 1-800-233-3212.

• The U.S. Department of Housing andUrban Development (HUD) enforces thefederal fair housing law, which prohibitsdiscrimination based on sex, race, religion,national or ethnic origin, familial status, ormental handicap. To contact HUD, look inthe phone book under United StatesGovernment Offices.

• Legal aid organizations provide freelegal advice, representation, and otherlegal services in noncriminal cases toeconomically disadvantaged persons.Legal aid organizations are locatedthroughout the state. Look in the yellowpages of the phone book under Attorneys.

• Private attorneys. You may be able to hirea private attorney to take legal actionagainst a landlord who has discriminatedagainst you. For the names of attorneyswho specialize in housing discriminationcases, call your county bar association oran attorney referral service.

If you believe that a landlord who has refusedto rent to you has unlawfully discriminatedagainst you, you must act quickly. The time limitsfor filing housing discrimination complaints areshort. First, write down what happened, includingdates and the names of those involved. Then,contact one of the resources listed above foradvice and help.

BEFORE YOU AGREETO RENT

Before you decide on a rental unit, there areseveral other points to consider. For example: Isan oral rental agreement legally binding? Whatare the differences between a lease and a rentalagreement? What are some of the advantages anddisadvantages of each? These and other questionsare answered in this section.

RENTAL AGREEMENTS AND LEASES

General informationBefore you can rent a unit, you and the

landlord must enter into one of two kinds ofagreements: a periodic rental agreement or a

33 Government Code Sections 12927(c)(2)(A), 12955(c).34 Government Code Section 12927(c)(2)(B).

11

lease. The periodic rental agreement or leasecreates the tenant’s right to live in the rentalunit. The tenant’s right to use and possess thelandlord’s rental unit is called a tenancy.

A periodic rental agreement states the lengthof time between the rent payments — forexample, a week or a month. However, aperiodic rental agreement does not state the totalnumber of weeks or months that the agreementwill be in effect.

A periodic rental agreement that requiresone rent payment each month is a “month-to-month” rental agreement, and the tenancy is a“month-to-month” tenancy.35 If the periodicrental agreement requires that rent be paid oncea week, it is a “week-to-week” rental agreement,and the tenancy is a “week-to-week” tenancy.36

In effect, the rental agreement expires at the endof each period for which the tenant has paidrent, and is renewed by the next rent payment.The tenant can continue to live in the rental unitas long the tenant continues to pay the rent, andas long as the landlord does not ask the tenant toleave.

In a periodic rental agreement, the periodbetween rent payments determines three things:

• How often the tenant must pay rent;

• How much notice the tenant must givethe landlord if the tenant decides toleave; and

• How much notice the landlord must givethe tenant if the landlord decides tochange the terms of the rental agreementor not renew the rental agreement.37

Oral rental agreementsIn an oral rental agreement, you and the

landlord agree orally (not in writing) that youwill rent the rental unit. In addition, you agree topay a specified rent for a specified period oftime — for example, a week or a month. Thiskind of rental agreement is legally binding onboth you and the landlord, even though it is notin writing. However, if you have a disagreementwith your landlord, you will have no writtenproof of the terms of your rental agreement.Therefore, it’s usually best to have a writtenrental agreement.

It’s especially important to have a writtenrental agreement if your tenancy involvesspecial circumstances, such as any of thefollowing:

• You plan to live in the unit for a long time(for example, nine months or a year);

• Your landlord has agreed to your having apet or water-filled furniture (such as awaterbed); or

• The landlord has agreed to pay anyexpenses (for example, utilities or garbageremoval) or to provide any services (forexample, a gardener).

Any time that a tenant and a landlordagree to the lease of a rental unit for more thanone year, the agreement must be in writing.38

If such an agreement is not in writing, it is notenforceable.

Written rental agreementsA written rental agreement is a periodic

rental agreement that has been put in writing. Thewritten rental agreement specifies all the terms ofthe agreement between you and the landlord —for example, it states the rent, the length of timebetween rent payments (the rental period), andthe landlord’s and your obligations. It may alsocontain clauses on pets, late fees, and length ofnotice.

A written rental agreement does not state thetotal number of months or weeks that the rentalagreement will be in effect. The month-to-monthrental agreement is by far the most common kindof written rental agreement, although longer orshorter rental periods (for example, week-to-week) can be specified.

The length of time between rent payments isimportant. It determines the amount of advancenotice that the landlord must give you beforechanging the terms of the tenancy (for example,increasing the charge for parking) or lawfullyending the rental agreement. The length of timebetween rent payments also determines how muchadvance notice you must give to the landlordbefore you move out of the rental unit.

For example, under a month-to-month rentalagreement, both the tenant and the landlord mustgive at least thirty days’ advance written notice toend the rental agreement (see pages 31-33), andthe landlord is required to give the tenant at least30 days’ advance written notice of any increase inthe rent (see pages 20-21).

BEFORE YOU AGREE TO RENT

35 Civil Code Section 1944.36 Civil Code Section 1944.37 Civil Code Section 1946.38 Civil Code Sections 1091, 1624(a)(3).

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A week-to-week rental agreement can be endedby seven days’ advance written notice.

The required notice period cannot beshorter than the length of time between the rentpayments, unless the landlord and tenant havespecifically agreed, in writing, to a shorterperiod. For example, the landlord and tenantmight agree to a 10-day notice period in amonth-to-month rental agreement. (Special rulesin the cities of Los Angeles, Santa Monica andWest Hollywood may not allow shorter noticeperiods. See pages 32-33.) The notice periodcan never be fewer than seven days,39 unless thelandlord has a lawful reason to give the tenant athree-day eviction notice (see pages 39-40).

LeasesA lease states the total number of months

that the lease will be in effect — for example,6 or 12 months. Most leases are in writing,although oral leases are legal. If the lease is formore than one year, it must be in writing.40

It is important to understand that, eventhough the lease requires the rent to be paidmonthly, you are bound by the lease until itexpires (for example, at the end of 12 months).This means that you must pay the rent andperform all of your obligations under the leaseduring the entire lease period.41

There are some advantages to having alease. If you have a lease, the landlord cannotraise your rent while the lease is in effect,unless the lease expressly allows rent increases.Also, the landlord cannot evict you during theperiod of the lease, except for reasons such asyour damaging the property or failing to payrent.

A lease gives the tenant the security of along-term agreement at a known cost. Even ifthe lease allows rent increases, the lease shouldspecify a limit on how much and how often therent can be raised.

The disadvantage of a lease is that if youneed to move, a lease may be difficult for youto break, especially if another tenant can’t befound to take over your lease. If you movebefore the lease ends, the landlord may have aclaim against you for the rent for the rest of thelease period.

Before signing a lease, you may want to talkwith an attorney, legal aid organization, housingclinic, or tenant-landlord program to make surethat you understand all of the lease’s terms, yourobligations, and any risks that you may face.

SHARED UTILITY METERS

Some buildings have a single gas or electricmeter that serves more than one rental unit. Inother buildings, a tenant’s gas or electric metermay also measure gas or electricity used in acommon area, such as the laundry room or thelobby. In situations like these, the landlord mustdisclose to you that utility meters are sharedbefore you sign the rental agreement or lease.42

If you become a tenant, the landlord must reachan agreement with you about who will pay forthe shared utilities (see page 15).

SPANISH-LANGUAGE TRANSLATIONOF PROPOSED RENTAL AGREEMENT

A landlord who negotiates primarily inSpanish for the rental, lease, or sublease of arental unit must give the tenant a written, Span-ish-language translation of the proposed lease orrental agreement before the tenant signs it.43 Thisrule applies whether the negotiations are oral orin writing. The rule does not apply if the rentalagreement is for one month or less.

The landlord must give the tenant theSpanish-language translation whether or not the

39 Civil Code Section 1946.40 Civil Code Sections 1091, 1624(a)(3).41 However, the tenant’s obligation to pay rent depends

on the landlord’s living up to his or her obligations

under the implied warranty of habitability. Seediscussion of “Repairs and Habitability” (pages 23-25) and “Having Repairs Made” (pages 25-31).

42 Civil Code Section 1940.9.

A landlord who negotiatesprimarily in Spanish for

the rental, lease, orsublease of a rental unitmust give the tenant a

written, Spanish-languagetranslation of the

proposed lease or rentalagreement before the

tenant signs it.

“

”

13

tenant requests the translation. It is never suffi-cient for the landlord to give the Spanish-language translation to the tenant after the tenanthas signed the rental agreement.

However, the landlord is not required to givethe tenant a Spanish-language translation of therental agreement if all of the following are true:

• The Spanish-speaking tenant negotiatedthe rental agreement through his or herown interpreter;

• The tenant’s interpreter is able to speakfluently and read with full understandingboth English and Spanish;

• The interpreter is not a minor (under 18years of age); and

• The interpreter is not employed or madeavailable by or through the landlord.

If a landlord who is required to provide aSpanish-language translation of a lease or rentalagreement fails to do so, the tenant can rescind(cancel) the agreement.44

WHEN YOU HAVE DECIDEDTO RENT

Before you sign a rental agreement or alease, read it carefully so that you understand allof its terms. What kind of terms should be in therental agreement or lease? Can the rental agree-ment or lease limit the basic rights that the lawgives to all tenants? How much can the landlordrequire you to pay as a security deposit? Thissection answers these and other questions.

WHAT THE RENTAL AGREEMENT OR LEASESHOULD INCLUDE

Most landlords use printed forms for theirleases and rental agreements. However, printedforms may differ from each other. There is no“standard rental agreement” or “standardlease”! Therefore, carefully read and understandthe entire document before you sign it.

The written rental agreement or lease shouldcontain all of the promises that the landlord or

the landlord’s agent has made to you, and shouldnot contain anything that contradicts what thelandlord or the agent told you. If the lease or rentalagreement refers to another document, such as“tenant rules and regulations,” get a copy and readit before you sign the written agreement.

Don’t feel rushed into signing. Make sure thatyou understand everything that you’re agreeing toby signing the rental agreement or lease. If youdon’t understand something, ask the landlord toexplain it to you. If you still don’t understand,discuss the agreement with a friend, or with anattorney, legal aid organization, tenant-landlordprogram, or housing clinic.

Key termsThe written rental agreement or lease should

contain key terms, such as the following:

• The names of the landlord and the tenant.

• The address of the rental unit.

• The amount of the rent.

• When the rent is due, to whom it is to bepaid, and where it is to be paid.

• The amount and purpose of the securitydeposit (see pages 16-17).

• The amount of any late charge or returnedcheck fee (see page 19).

• Whether pets are allowed.

• The number of people allowed to live in therental unit.

• Whether attorney’s fees can be collectedfrom the losing party in the event of alawsuit between you and the landlord.

• Who is responsible for paying utilities (gas,electric, water, and trash collection).

• If the rental is a house or a duplex with ayard, who is responsible for taking care ofthe yard.

• Any promises by the landlord to makerepairs, including the date by which therepairs will be completed.

44 Civil Code Section 1632(g). See Civil CodeSection 1688 and following on rescission ofcontracts.

WHEN YOU HAVE DECIDED TO RENT

43 Civil Code Section 1632. The purpose of this law isto ensure that the Spanish-speaking person has agenuine opportunity to read the Spanish-languagetranslation of the proposed agreement that has beennegotiated primarily in Spanish, and to consult withothers, before the agreement is signed.

14

• Other items, such as whether you cansublet the rental unit (see page 22) and theconditions under which the landlord caninspect the rental unit (see pages 21-22).

In addition, the rental agreement or lease mustdisclose:

• The name, address and telephone numberof the authorized manager of the rentalproperty and an owner (or an agent of theowner) who is authorized to receive legalnotices for the owner. (This informationcan be posted conspicuously in the build-ing instead of being disclosed in the rentalagreement or lease.)

• The name, address and telephone numberof the person or entity to whom rentpayments must be made. If rent paymentsmay be made in person, the agreement orlease must state the usual days and hoursthat the person who receives rent paymentsis available for this purpose. Or, thedocument may state the name, streetaddress and account number of the finan-cial institution where rent payments maybe made (if it is within five miles of theunit) or information necessary to establishan electronic funds transfer for paying therent.

• The form in which rent payments must bemade (for example, by check or moneyorder).45

A rental agreement or lease may contain otherterms. Examples include whether you must parkyour car in a certain place, and whether you mustobtain permission from the landlord before havinga party.

Since July 1, 1999, every lease or rentalagreement must contain a written notice to thetenant that there is a statewide database with thelocations of registered sex offenders, and that theCalifornia Department of Justice maintains a SexOffender Identification Hotline. This notice mustbe in legally-required language.46

It is important that you understand all of theterms of your rental agreement or lease. If youdon’t comply with them, the landlord may havegrounds to evict you.

Don’t sign a rental agreement or a lease ifyou think that its terms are unfair. If a term

doesn’t fit your needs, try to negotiate a moresuitable term (for example, a smaller securitydeposit or a lower late fee). It’s important that anyagreed-upon change in terms be included in therental agreement or lease that both you and thelandlord sign. If you and the landlord agree tochange a term, the change can be made in hand-writing in the rental agreement or lease. Both ofyou should then initial or sign in the area immedi-ately next to the change to show your approval ofthe change. Or, the document can be retyped withthe new term included in it.

If you don’t agree with a term in the rentalagreement or lease, and can’t negotiate a betterterm, carefully consider the importance of theterm, and decide whether or not you want to signthe document.

The owner of the rental unit or the personwho signs the rental agreement or lease on theowner’s behalf must give you a copy of thedocument within 15 days after you sign it.47 Besure that your copy shows the signature of theowner or the owner’s agent, in addition to yoursignature. Keep the document in a safe place.

Tenant’s basic legal rightsTenants have basic legal rights that are

always present, no matter what the rental agree-ment or lease states. These rights include all ofthe following:

• Limits on the amount of the securitydeposit that the landlord can require you topay (see pages 16-17).

• Limits on the landlord’s right to enter therental unit (see pages 21-22).

• The right to a refund of the securitydeposit, or a written accounting of howit was used, after you move (seepages 34-36).

• The right to sue the landlord for violationsof the law or your rental agreement orlease.

• The right to repair serious defects in therental unit and to deduct certain repaircosts from the rent, under appropriatecircumstances (see page 26).

• The right to withhold rent under appropri-ate circumstances (see pages 27-29).

45 Civil Code Sections 1961-1962.7, as amended by Stats.2001, ch. 729, effective January 1, 2002 (SB 985(Kuehl)). See Moskovitz et al., California Landlord-Tenant Practice, Section 1.29 (Cal. Cont. Ed. Bar 2000).

46 Civil Code Section 2079.10a.47 Civil Code Section 1962(a)(4), added by Stats.

2001, ch. 729, effective January 1, 2002 (SB 985(Kuehl)).

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• Rights under the warranty of habitability(see pages 23-25).

• Protection against retaliatory eviction(see pages 46-47).

These and other rights will be discussedthroughout the rest of this booklet.

Landlord’s and tenant’s duty ofgood faith and fair dealing

Every rental agreement and lease requires thatthe landlord and tenant deal with each other fairlyand in good faith. Essentially, this means that boththe landlord and the tenant must treat each otherhonestly and reasonably. This duty of good faithand fair dealing is implied by law in every rentalagreement and every lease, even though the dutyprobably is not expressly stated.

Shared utilitiesIf the utility meter for your rental unit is

shared with another unit or another part of thebuilding (see page 12), then the landlord mustreach an agreement with you on who will pay forthe shared utilities. This agreement must be inwriting (it can be part of the rental agreement orlease), and can consist of one of the followingoptions:

• The landlord can pay for the utilitiesprovided through the meter for your rentalunit by placing the utilities in the landlord’sname;

• The landlord can have the utilities in thearea outside your rental unit put on aseparate meter in the landlord’s name; or

• You can agree to pay for the utilities pro-vided through the meter for your rental unitto areas outside your rental unit.48

LANDLORD’S DISCLOSURES

Lead-based paintIf the rental unit was constructed before 1978,

the landlord must disclose the presence of knownlead-based paint and lead-based paint hazards inthe dwelling before the tenant signs the lease orrental agreement.

The landlord also must give the potentialtenant a copy of the federal government’s pam-phlet, “Protect Your Family From Leadin Your Home” (available by calling1-800-424-LEAD).49

Periodic pest control treatmentsA pest control company must give written

notice to the landlord and tenants of rentalproperty regarding pesticides to be used when thecompany provides an initial treatment as part ofan ongoing pest-control service contract. Begin-ning January 1, 2001, the landlord must give acopy of this notice to every new tenant who willoccupy a rental unit that will be serviced underthe service contract.50

AsbestosResidential property built before 1981 may

contain asbestos. A leading reference for land-lords recommends that landlords make asbestosdisclosures to tenants whenever asbestos is

WHEN YOU HAVE DECIDED TO RENT

ALTERATIONS TO ACCOMMODATE ADISABLED TENANT

A landlord must allow a disabledtenant to make reasonable modificationsto the rental unit to the extent necessaryto allow the tenant “full enjoyment ofthe premises.”51 The tenant must pay forthe modifications. As a condition ofmaking the modifications, the landlordmay require the tenant to enter into anagreement to restore the interior of therental unit to its previous condition atthe end of the tenancy. The landlordcannot require an additional securitydeposit in this situation. However, thelandlord and tenant may agree, as partof the tenant’s agreement to restore therental unit, that the tenant will pay a“reasonable estimate” of the restorationcost into an escrow account.52

48 Civil Code Section 1940.9. This section also providesremedies for violations.

49 California Practice Guide, Landlord-Tenant, Paragraphs2:104.20-2:104.23 (Rutter Group 2000); 42 United StatesCode Sections 4851b, 4852d (this disclosure requirementdoes not apply to dwellings with zero bedrooms, or to

housing for elderly or disabled persons (unless a childyounger than six is expected to live in the housing)).

50 Business and Professions Code Section 8538, CivilCode Section 1940.8.

51 Civil Code Section 54.1(b)(3)(A). See Examples ofUnlawful Discrimination, page 9.

52 Civil Code Section 54.1(b)(3)(A).

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discovered in the rental property. (This book alsocontains detailed information on asbestos disclo-sures, and protections that landlords must providetheir employees.)53

BASIC RULES GOVERNINGSECURITY DEPOSITS

At the beginning of the tenancy, the landlordmost likely will require you to pay a securitydeposit. The landlord can use the security depositto pay for the landlord’s expenses if you fail toperform some duty as a tenant (that is, if youdefault on a tenant obligation). For example, alandlord can use your security deposit if youdefault by not paying all of your rent before youmove out, by damaging the rental unit beyondnormal wear and tear, or by leaving the unit lessclean than when you moved in.54 The legaldefinition of “security deposit” sums all of this upby stating that a security deposit is a chargeimposed by the landlord to secure the landlordagainst future tenant defaults.55

Under California law, a lease or rentalagreement cannot call a security deposit “nonre-fundable.”56 Therefore, at the end of the tenancy,the landlord must return to you any payment thatis a security deposit, unless the landlord properlyuses the deposit to pay for a tenant default (seethis section and pages 34-36).57

Almost all landlords charge tenants a securitydeposit. The security deposit may be called “lastmonth’s rent,” “security deposit,” “pet deposit,”“key deposit,” or “cleaning deposit.” The securitydeposit may combine the last month’s rent plus aspecific amount for security. It doesn’t matterwhat these fees are called. Any deposit thatprotects the landlord if you default on a tenantobligation is a security deposit.58

A landlord may also charge a tenant a fee thatdoes not protect the landlord against a tenantdefault. These fees are not part of the securitydeposit, and therefore usually are not refundable.The following charges and fees are not part of thesecurity deposit:

• The first month’s rent.• An application screening fee (see page 7).• A fee at the beginning of the tenancy to

reimburse the landlord for pre-leaseadministrative costs such as providingapplication forms, listing the unit for rent,and interviewing and screening the appli-cant.59

The law limits the total amount that thelandlord can require you to pay as a securitydeposit.60 The total amount required as a securitydeposit cannot be more than the amount of twomonths’ rent for an unfurnished rental unit, orthree months’ rent for a furnished unit. However,if you have a waterbed, the total amount of thesecurity deposit can be up to two-and-a-half timesthe monthly rent if the unit is unfurnished, and upto three-and-a-half times the monthly rent if theunit is furnished, plus a reasonable fee to coverthe landlord’s administrative costs.61

The landlord can require you to pay a securitydeposit plus your first month’s rent before youmove in.

EXAMPLE: Suppose that you have agreed torent an unfurnished apartment for $500 amonth. Before you move in, the landlord canrequire you to pay up to two times the amountof the monthly rent as a security deposit($500 x 2 = $1,000). The landlord also canrequire you to pay the first month’s rent of$500 in addition to the $1,000 securitydeposit.The landlord cannot also demand a $200cleaning deposit and a $15 key deposit. Thesekinds of fees protect the landlord if youdefault (for example, by not returning thekeys), and therefore are subject to the law’slimit on the amount of security allowed. Inour example, the landlord cannot require thisextra security because the total of all deposits($1,215) would be more than the $1,000allowed by law.However, the landlord can charge you areasonable fee to reimburse the landlord for

53 Brown and Warner, The California Landlord’s Law Book,Vol. I: Rights & Responsibilities, pages 12/31-12/34(NOLO Press 2001).

54 Civil Code Section 1950.5(b).55 Kraus v. Trinity Management Services, Inc. (2000) 23

Cal.4th 116, 141 [96 Cal.Rptr.2d 485, 503].56 Civil Code Section 1950.5(l); Moskovitz and Warner,

California Tenants’ Rights, page 10/3 (NOLO Press 2001).

57 Brown and Warner, The California Landlord’s LawBook, Vol. I: Rights & Responsibilities, pages 5/2-5/3 (NOLO Press 2001).

58 Civil Code Section 1950.5(b). See Brown andWarner, The California Landlord’s Law Book, Vol.I: Rights & Responsibilities, page 5/2 (NOLOPress 2001).

59 Kraus v. Trinity Management Services, Inc. (2000)23 Cal.4th 116, 141 [96 Cal.Rptr.2d 485, 503].See Brown and Warner, The California Landlord’s

17

the pre-lease administrative costs involved inchoosing you as a tenant. This fee does notcount as part of the security deposit because itdoes not protect the landlord if you defaultsomehow as a tenant. This fee could cover thecosts, for example, of providing applicationforms, listing the unit for rent, and interview-ing and screening you.62

If you and the landlord agree that the landlordwill make structural, decorative, or furnishingalterations that you have requested and agreed topay for, the amount that you pay for these alter-ations is not part of the security deposit. However,if the alterations that you request involve cleaningor repairing damage caused by a previous tenant,this additional amount would be part of thesecurity deposit.63

Although a payment that is a security depositcannot be “nonrefundable,”64 the law allows thelandlord to keep part or all of the security depositunder certain circumstances. Examples include atenant moving out and still owing rent, or leavingthe rental unit in a damaged condition. Deductionsfrom security deposits are discussed in detail onpages 34-36.

Because you normally are entitled to a refundof your security deposit when you move out, makesure that your rental agreement or lease clearlystates that you have paid a security deposit to thelandlord, and accurately shows how much you havepaid. The rental agreement or lease should alsodescribe the circumstances under which the land-lord can keep part or all of the security deposit.Most landlords will also give you a written receiptfor all amounts that you pay as a security deposit.Keep your rental agreement or lease and the receiptin case of a dispute.

THE INVENTORY CHECKLIST

You and the landlord should fill out theInventory Checklist on pages 65-66 (or one likeit). It’s best to do this before you move in, but itcan be done two or three days later, if necessary.

You and the landlord should walk through therental unit together and note the condition of theitems included in the checklist in the “ConditionUpon Arrival” section. Both of you should signand date the form, and both of you should keep acopy. Carefully completing the form at thebeginning of the tenancy will help avoid dis-agreements about the condition of the unit whenyou move out. See additional suggestions aboutthe Inventory Checklist on page 65.

RENTER’S INSURANCE

Renter’s insurance protects a tenant againstproperty losses, such as losses from fire or theft.It also protects a tenant against liability (legalresponsibility) for many claims or lawsuits filedby the landlord or others, alleging that the tenanthas negligently (carelessly) injured anotherperson or damaged the person’s property.

Carelessly causing a fire that destroys therental unit or another tenant’s property is anexample of negligence for which you could beheld legally responsible.65 You could be requiredto pay for the losses that the landlord or othertenant suffers. Renter’s insurance would pay theother party on your behalf for some or all ofthese losses. For that reason, it’s often a goodidea to purchase renter’s insurance.66

Renter’s insurance may not be available inevery area. If it is available, and if you choose topurchase it, compare prices carefully and checkwith more than one insurance company. Theprice and type of coverage may differ widelybetween insurance companies. The price willalso depend on how much protection you decideto purchase.

Your landlord probably has insurance thatcovers the rental unit or dwelling, but youshouldn’t assume that the landlord’s insurancewill protect you. If the landlord’s insurancecompany pays the landlord for a loss that youcause, the insurance company may then sue youto recover what it has paid the landlord.

Law Book, Vol. I: Rights & Responsibilities, page 5/2(NOLO Press 2001).

60 Civil Code Section 1950.5(c). These limitations do notapply to long-term leases of at least six months, in whichadvance payment of six months’ rent (or more) may becharged.

61 Civil Code Section 1940.5(g).62 Brown and Warner, The California Landlord’s Law Book,

Vol. I: Rights & Responsibilities, page 5/2 (NOLO Press2001); California Practice Guide, Landlord-Tenant,

Paragraphs 2:754, 2:756.2 (Rutter Group 2000).63 Civil Code Section 1950.5(c).64 Civil Code Section 1950.5(l).65 In general, every person is responsible for damages

sustained by someone else as a result of the person’scarelessness. (Civil Code Section 1714.)

66 See discussion of renter’s insurance in Moskovitz andWarner, California Tenants’ Rights, pages 13/1-13/2(NOLO Press 2001).

WHEN YOU HAVE DECIDED TO RENT

18

If you want to use a waterbed, the landlordcan require you to have a waterbed insurancepolicy to cover possible property damage.67

RENT CONTROL

Some California cities have local ordinances,called rent control ordinances, that limit orprohibit rent increases. Some of these ordinancesspecify procedures that a landlord must followbefore increasing a tenant’s rent, or that makeevicting a tenant more difficult for a landlord.Each community’s ordinance is different.

For example, some ordinances allow land-lords to evict tenants only for “just cause.” Underthese ordinances, the landlord must state andprove a valid reason for terminating a month-to-month tenancy. Other cities don’t have thisrequirement.

Some cities have boards that have the powerto approve or deny increases in rent. Other cities’ordinances allow a certain percentage increase inrent each year. Because of recent changes in statelaw, all rent control cities now have “vacancydecontrol.” This means that the landlord canrerent a unit at the market rate when the tenantmoves out voluntarily or when the tenancy isterminated for nonpayment of rent.

Some ordinances make it more difficult forowners to convert rentals into condominiums.

Some kinds of property cannot be subject tolocal rent control. For example, property that wasissued a certificate of occupancy after February1995 is exempt from rent control. BeginningJanuary 1, 1999, tenancies in single family homesand condos are exempt from rent control if thetenancy began after January 1, 1996.68

A rent control ordinance may change thelandlord-tenant relationship in other importantways besides those described here. Find out if youlive in a city with rent control. (See the list ofcities with rent control on page 53.) Contact yourlocal housing officials or rent control board forinformation. You can find out about the rentcontrol ordinance in your area (if there is one) atyour local law library, or by requesting a copy ofyour local ordinance from the city or countyclerk’s office.

LIVING IN THE RENTAL UNITAs a tenant, you must take reasonable care of

your rental unit and any common areas that youuse. You must also repair all damages that youcause, or that are caused by anyone for whom youare responsible, such as your family, guests, orpets.69 These important tenant responsibilities arediscussed in more detail under “Dealing withProblems,” page 23.

This section discusses other issues that cancome up while you’re living in the rental unit. Forexample, can the landlord enter the rental unitwithout notifying you? Can the landlord raise therent even if you have a lease? What can you do ifyou have to move before the end of the lease?

PAYING THE RENT

When is rent due?Most rental agreements and leases require

that rent be paid at the beginning of each rentalperiod. For example, in a month-to-monthtenancy, rent usually must be paid on the first dayof the month. However, your lease or rentalagreement can specify any day of the month as theday that rent is due (for example, the 10th ofevery month in a month-to-month rental agree-ment, or every Tuesday in a week-to-week rentalagreement).

As explained on page 14, the rental agreementor lease must state the name and address of theperson or entity to whom you must make rentpayments. If this address does not accept personaldeliveries, you can mail your rent payment to theowner at the stated name and address. If you canshow proof that you mailed the rent to the statedname and address (for example, a receipt forcertified mail), a law effective on January 1, 2002assumes that the rent is receivable by the owner onthe date of postmark.70

It’s very important for you to pay your renton the day it’s due. Not paying on time might leadto a negative credit report, late fees (see nextpage), and even eviction (see page 38).

67 Civil Code Section 1940.5(a).68 Brown and Warner, The California Landlord’s Law

Book, Vol. I: Rights & Responsibilities, page 4/3(NOLO Press 2001).

69 Civil Code Sections 1929, 1941.2.70 Civil Code Section 1962(f), added by Stats. 2001, ch.

729, effective January 1, 2002 (SB 985 (Kuehl)).

71 Civil Code Section 1499.72 Civil Code Section 1719(a)(1). Advance disclosure of

the amount of the service charge is a nearly universalpractice, but is not explicitly required by Section 1719.The landlord cannot collect both a dishonored check feeand a service charge. The landlord loses the right tocollect the service charge if the landlord seeks the treble

19

Obtaining receipts for rent paymentsIf you pay your rent in cash or with a money

order, it’s a good idea to ask your landlord for asigned and dated receipt. Legally, you are entitledto a written receipt whenever you pay your rent.71

If you pay with a check, you can use the canceledcheck as a receipt. Keep the receipts or canceledchecks so that you will have records of yourpayments in case of a dispute.

Late fees and dishonored check feesA landlord can charge a late fee to a tenant

who doesn’t pay rent on time. However, a land-lord can do this only if the lease or rental agree-ment contains a late fee provision. In somecommunities, late fees are limited by local rentcontrol ordinances. (See “Rent Control,”page 18.)

Late fees must be reasonably related to thecosts that your landlord faces as a result of yourrent payment being late. A properly set late fee islegally valid. However, a late fee that is so highthat it amounts to a penalty is not legally valid.

What if you’ve signed a lease or rentalagreement that contains a late-fee provision, andyou’re going to be late for the first time payingyour rent? If you have a good reason for beinglate (for example, your paycheck was late),explain this to your landlord. Some landlords willwaive (forgive) the late fee if there is a goodreason for the rent being late, and if the tenanthas been responsible in other ways. If the land-lord isn’t willing to forgive or lower the late fee,ask the landlord to justify it (for example, interms of administrative costs for processing thepayment late). However, if the late fee is reason-able, it probably is valid; you will have to pay itif your rent payment is late, and if the landlordinsists.

The landlord also can charge the tenant a feeif the tenant’s check for the rent (or any otherpayment) is dishonored by the tenant’s bank. (Adishonored check is often called a “bounced” or“returned” check.) In order for the landlord tocharge the tenant a returned check fee, the leaseor rental agreement must authorize the fee, andthe amount of the fee must be reasonable.

For example, a reasonable returned check feewould be the amount that the bank charges thelandlord, plus the landlord’s reasonable costsbecause the check was returned. Under the CivilCode’s “bad check” provisions, the landlord cancharge a service charge instead of the dishonoredcheck fee described in this paragraph. The servicecharge can be up to $25 for the first check that isreturned for insufficient funds, and up to $35 foreach additional check.72

Partial rent paymentsYou will violate your lease or rental agree-

ment if you don’t pay the full amount of your renton time. If you can’t pay the full amount on time,you may want to offer to pay part of the rent.However, the law allows your landlord to take thepartial payment and still give you an evictionnotice.73

If your landlord is willing to accept a partialrent payment and give you extra time to pay thebalance, it’s important that you and the landlordagree on the details in writing. The writtenagreement should state the amount of rent that youhave paid, the date by which the rest of the rentmust be paid, the amount of any late fee that isdue, and the landlord’s agreement not to evict youif you pay the amount due by that date. Both youand the landlord should sign the agreement, andyou should keep a copy. Such an agreement islegally binding.

SECURITY DEPOSIT INCREASES

Whether the landlord can increase the amountof the security deposit after you move in dependson what the lease or rental agreement says, andhow much of a security deposit you have paidalready.

If you have a lease, the security depositcannot be increased unless increases are permittedby the terms of the lease.

In a periodic rental agreement (for example, amonth-to-month agreement), the landlord canincrease the security deposit unless this is prohib-ited by the agreement. The landlord must give youproper notice before increasing the securitydeposit. (For example, 30 days’ advance writtennotice normally is required in a month-to-monthrental agreement.)

LIVING IN THE RENTAL UNIT

damages that are authorized by the “bad check” law.(Civil Code Section 1719; see 3 Consumer LawSourcebook [Department of Consumer Affairs 1996]Sections 28.12-28.47.)

73 Code of Civil Procedure Section 1161 paragraph 2.

20

However, if the amount that you have alreadypaid as a security deposit equals two times thecurrent monthly rent (for an unfurnished unit) orthree times the current monthly rent (for afurnished unit), then your landlord can’t increasethe security deposit, no matter what the rentalagreement says. (See the discussion of the limitson security deposits, pages 16-17.) Local rentcontrol ordinances may also limit increases insecurity deposits.

The landlord must give you proper advancewritten notice of any increase in the securitydeposit. (See “Proper Service of Notices,”pages 41-42.)

RENT INCREASES

How often can rent be raised?If you have a lease for more than 30 days,

your rent cannot be increased during the term ofthe lease, unless the lease allows rent increases.

If you have a periodic rental agreement, yourlandlord can increase your rent, but the landlord mustgive you proper advance notice in writing. Thewritten notice tells you how much the increased rentis and when the increase goes into effect.

As of January 1, 2001, California lawguarantees you at least 30 days’ advance writtennotice of a rent increase if you have a month-to-month (or shorter) periodic rental agreement.

Under the law, your landlord must give you atleast 30 days’ advance notice if the rent increaseis 10 percent (or less) of the rent charged at anytime during the 12 months before the rent in-crease takes effect. Your landlord must give youat least 60 days’ advance notice if the rentincrease is greater than 10 percent.74 In order tocalculate the percentage of the rent increase, youneed to know the lowest rent that your landlordcharged you during the preceding 12 months, andthe total of the new increase and all other in-creases during that period.

EXAMPLES: Assume that your current rent is$500 per month due on the first of the monthand that your landlord wants to increase yourrent $50 to $550 beginning this June 1. To seehow much notice your landlord must give you,count back 12 months to last June.

30 days’ notice required: Suppose that yourrent was $500 last June 1. In this case, therent increase is 10 percent ($500 x .10 =$50). Your landlord therefore must give youat least 30 days’ advance notice of the rentincrease.60 days’ notice required: Suppose that yourrent was $475 last June 1, and that yourlandlord raised your rent $25 to $500 lastNovember. In this case, the total rentincrease is more than 10 percent ($475 x .10= $47.50; $25 + $50 = $75, which is morethan $47.50). Your landlord therefore mustgive you at least 60 days’ advance notice ofthe rent increase.Now suppose that your rent was $500 lastJune 1, but that instead of increasing yourrent $50, your landlord wants to increaseyour rent $75 to $575 beginning this June 1.In this case also, the rent increase is morethan 10 percent ($500 x .10 = $50; $75 ismore than $50). Your landlord thereforemust give you at least 60 days’ advancenotice of the rent increase.Normally in the case of a periodic rental

agreement, the landlord can increase the rent asoften as the landlord likes. However, the land-lord must give proper advance notice of theincrease, and the increase cannot be retaliatory(see page 46). Local rent control ordinances mayimpose additional requirements on the landlord.

Increases in rent for government-financedhousing usually are restricted. If you live ingovernment-financed housing, check with thelocal public housing authority to find outwhether there are any restrictions on rentincreases.

Rent increase; notice and effective dateA landlord’s notice of rent increase must be

in writing. The landlord can deliver a copy of thenotice to you personally.75 In this case, the rentincrease takes effect in 30 or 60 days, as justexplained.

The landlord also can give you a notice ofrent increase by first class mail. In this case, thelandlord must mail a copy of the notice to you,with proper postage, addressed to you at therental unit. The landlord must give you anadditional five days’ advance notice of the rent

74 Civil Code Section 827(b). Longer notice periods applyif required, for example, by statute, regulation orcontract. (Civil Code Section 827(c).) Tenants inSection 8 housing must be given at least 30 days’written notice of a greater-than-10-percent rent

increase if the increase is caused by a change in thetenant’s income or family composition, as determinedby the local housing authority’s recertification. (CivilCode Section 827(b)(3), as amended by Stats. 2001, ch.593, effective January 1, 2002 (AB 1160 (Florez)).)

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increase if the landlord mails the notice. There-fore, the landlord would have to give you at least35 days’ notice from the date of mailing if therent increase is 10 percent or less. If the rentincrease is more than 10 percent, the landlordwould have to give you at least 65 days’ noticefrom the date of mailing.76

Example of a rent increaseMost notices of rent increase state that the

increase will go into effect at the beginning of therental period. For example, a landlord who wishesto increase the rent by 10 percent or less in amonth-to-month rental effective on October 1 mustmake sure that notice of the increase is deliveredto the tenant personally by September 1 or mailedto the tenant by August 27. However, a landlordcan make the increase effective at any time in themonth if proper advance notice is given.

If the increase in the rent becomes effectivein the middle of the rental period, the landlord isentitled to receive the increased rent for only thelast half of the rental period. For example:

• Rental period: month-to-month, from thefirst day of the month to the last day of themonth.

• Rent: $500 per month.• Rent increase: $50 (from $500 to $550)

per month (a 10 percent increase).• Date that the notice of rent increase is

delivered to the tenant personally: April15 (that is, the middle of the month).

• Earliest date that the rent increase can takeeffect: May 15.

If the landlord delivers the notice onApril 15, the increase becomes effective onemonth later, on May 15. The landlord is entitledto the increased rent beginning on May 15. OnMay 1, the tenant would pay $250 for the firsthalf of May (that is, 15 days at the old rent of$500), plus $275 for the last half of May (that is,15 days at the new rent of $550). The total rentfor May that is due on May 1 would be $525.Looking at it another way, the landlord is entitledto only one-half of the increase in the rent duringMay, since the notice of rent increase becameeffective in the middle of the month.

Of course, the landlord could deliver a noticeof rent increase on April 15 which states that therent increase takes effect on June 1. In that case,the tenant would pay $500 rent on May 1, and$550 rent on June 1.

WHEN CAN THE LANDLORDENTER THE RENTAL UNIT?

California law states that a landlord can entera rental unit only for the following reasons:77

• In an emergency.• When the tenant has moved out or has

abandoned the rental unit.• To make necessary or agreed-upon repairs,

decorations, alterations, or other improve-ments.

• To show the rental unit to prospectivetenants, buyers, or lenders, or to provideentry to contractors or workers who are toperform work on the unit.

• If a court order permits the landlord toenter.

Except in the first two situations above(emergencies and abandonment), the landlordmust give the tenant reasonable advance noticebefore entering the rental unit, and can enter onlyduring normal business hours (generally, 8:00a.m. to 5:00 p.m. on weekdays).

The law considers 24 hours’ advance noticeto be reasonable in most situations. The tenantcan consent to shorter notice and to entry at othertimes. Also, the landlord can give less than 24hours’ notice when it is “impracticable” to give24 hours’ notice (for example, the landlord tries

LIVING IN THE RENTAL UNIT

75 Civil Code Section 827(b)(1)(A).76 Civil Code Sections 827(b)(1)(B),(2),(3); Code

of Civil Procedure Section 1013.

77 Civil Code Section 1954.

If you have a periodicrental agreement, your

landlord can increase yourrent, but the landlord must

give you proper advancenotice in writing.

“

”

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to reach the tenant 24 hours in advance, but thetenant doesn’t return the call).

The landlord cannot abuse the right of accessunder these rules, or use this right to harass(repeatedly disturb) the tenant.

If your landlord violates these access rules,talk to the landlord about your concerns. If that isnot successful in stopping the landlord’s miscon-duct, send the landlord a formal letter asking thelandlord to strictly observe the access rules statedabove. If the landlord continues to violate theserules, you can talk to an attorney or a legal aidorganization, or file suit in small claims court torecover damages that you have suffered due tothe landlord’s misconduct.

SUBLEASES AND ASSIGNMENTS

Sometimes, a tenant with a lease may need tomove out before the lease ends, or may need helppaying the rent. In these situations, the tenantmay want to sublease the rental unit or assign thelease to another tenant. However, the tenantcannot sublease the rental unit or assign the leaseunless the terms of the lease allow the tenant todo so.

SubleasesA sublease is a separate rental agreement

between the original tenant and a new tenant whomoves in temporarily (for example, for thesummer), or who moves in with the originaltenant and shares the rent. The new tenant iscalled a “subtenant.”

With a sublease, the agreement between theoriginal tenant and the landlord remains in force.The original tenant is still responsible for payingthe rent to the landlord, and functions as alandlord to the subtenant. Any sublease agree-ment between a tenant and a subtenant should bein writing.

Most rental agreements and leases contain aprovision that prohibits (prevents) tenants fromsubleasing or assigning rental units. This kind ofprovision allows the landlord to control whorents the rental unit. If your rental agreement orlease prohibits subleases or assignments, youmust get your landlord’s permission before yousublease or assign the rental unit.

Even if your rental agreement doesn’t containa provision that prohibits you from subleasing orassigning, it’s wise to discuss your plans with yourlandlord in advance. Subleases and assignmentsusually don’t work out smoothly unless everyonehas agreed in advance.

You might use a sublease in two situations. Inthe first situation, you may have a larger apart-ment or house than you need, and may want helppaying the rent. Therefore, you want to rent aroom to someone. In the second situation, youmay want to leave the rental unit for a certainperiod and return to it later. For example, youmay be a college student who leaves the campusarea for the summer and returns in the fall. Youmay want to sublease to a subtenant who willagree to use the rental unit only for that period oftime.

Under a sublease agreement, the subtenantagrees to make payments to you, not to thelandlord. The subtenant has no direct responsibil-ity to the landlord, only to you. The subtenant hasno greater rights than you do as the originaltenant. For example, if you have a month-to-month rental agreement, so does the subtenant. Ifyour rental agreement does not allow you to havea pet, then the subtenant cannot have a pet.

In any sublease situation, it’s essential thatboth you and the subtenant have a clear under-standing of both of your obligations. To helpavoid disputes between you and the subtenant,this understanding should be put in the form of awritten sublease agreement that both you and thesubtenant sign.

The sublease agreement should include thingslike the amount and due date of the rent, wherethe subtenant is to send the rent, who is respon-sible for paying the utilities (typically, gas,electric, water, and telephone), the dates that theagreement begins and ends, a list of any posses-sions that you are leaving in the rental unit, andany conditions of care and use of the rental unitand your possessions. It’s also important that thesublease agreement be consistent with the lease,so that your obligations under the lease will befully performed by the subtenant, if that is whatyou and the subtenant have agreed on.

AssignmentsAn assignment is a transfer of your rights as

a tenant to someone else. You might use anassignment if you have a lease and need to movepermanently before the lease ends. Like a sub-lease, an assignment is a contract between theoriginal tenant and the new tenant (not thelandlord).

However, an assignment differs from asublease in one important way. If the new tenantaccepts the assignment, the new tenant is directlyresponsible to the landlord for the payment of

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rent, for damage to the rental unit, and so on.Nevertheless, an assignment does not relieve theoriginal tenant of his or her legal obligations tothe landlord. If the new tenant doesn’t pay rent,or damages the rental unit, the original tenantremains legally responsible to the landlord.78

In order for the original tenant to avoid thisresponsibility, the landlord, the original tenant,and the new tenant all must agree that the newtenant will be solely responsible to the landlordunder the assignment. This agreement is called anovation, and should be in writing.

REMEMBER: Even if the landlord agrees to asublease or assignment, the tenant is stillresponsible for the rental unit unless there is awritten agreement (a novation) that statesotherwise. For this reason, think carefully aboutwhom you let live in the rental unit.

DEALING WITH PROBLEMSMost landlord-tenant relationships go

smoothly. However, problems sometimes arise.For example, what if the rental unit’s furnacegoes out in the middle of the winter? Whathappens if the landlord sells the building ordecides to convert it into condominiums? Thissection discusses these and other possibleissues and problems in the landlord-tenantrelationship.

REPAIRS AND HABITABILITY

A rental unit must be fit to live in; that is,it must be habitable. In legal terms, “habitable”means that the rental unit is fit for occupationby human beings and that it substantiallycomplies with state and local building andhealth codes that materially affect tenants’health and safety.79

California law makes landlords andtenants each responsible for certain kinds ofrepairs, although landlords ultimately are legallyresponsible for assuring that their rental unitsare habitable.

Landlord’s responsibility for repairsBefore renting a rental unit to a tenant, a

landlord must make the unit fit to live in, orhabitable. Additionally, while the unit is beingrented, the landlord must repair problems whichmake the rental unit unfit to live in, or uninhab-itable.

The landlord has this duty to repair becauseof a California Supreme Court case, calledGreen v. Superior Court,80 which held that allresidential leases and rental agreements containan implied warranty of habitability. Under the“implied warranty of habitability,” the landlordis legally responsible for repairing conditionsthat seriously affect the rental unit’s habitabil-ity.81 That is, the landlord must repair substantialdefects in the rental unit and substantial failuresto comply with state and local building andhealth codes.82 However, the landlord is notresponsible under the implied warranty ofhabitability for repairing damages which werecaused by the tenant or the tenant’s family,guests, or pets.83

Generally, the landlord also must do mainte-nance work which is necessary to keep the rentalunit liveable.84 Whether the landlord or thetenant is responsible for making less seriousrepairs is usually determined by the rentalagreement.

The law is very specific as to what kinds ofconditions make a rental uninhabitable. Theseare discussed in the following pages.

Tenant’s responsibility for repairsTenants are required by law to take reason-

able care of their rental units, as well as commonareas such as hallways and outside areas.Tenants must act to keep those areas clean andundamaged. Tenants also are responsible forrepair of all damage that results from theirneglect or abuse, and for repair of damagecaused by anyone for whom they are responsible,such as family, guests, or pets.85 Tenants’responsibilities for care and repair of the rentalunit are discussed in detail on pages 24-25.

DEALING WITH PROBLEMS

78 Civil Code Section 822.79 Green v. Superior Court (1974) 10 Cal.3d 616, 637-638 [111

Cal.Rptr. 704, 719]; Civil Code Sections 1941, 1941.1.80 Green v. Superior Court (1974) 10 Cal.3d 616 [111

Cal.Rptr. 704].81 Green v. Superior Court (1974) 10 Cal.3d 616 [111

Cal.Rptr. 704]; Hinson v. Delis (1972) 26 Cal.App.3d 62[102 Cal.Rptr. 661].

82 Green v. Superior Court (1974) 10 Cal.3d 616,637-638 [111 Cal.Rptr. 704, 718-719].

83 Civil Code Sections 1929, 1941.2.84 Green v. Superior Court (1974) 10 Cal.3d 616 [111

Cal.Rptr. 704].85 Civil Code Sections 1929, 1941.2.

24

Conditions that make a rental unitlegally uninhabitable

There are many kinds of defects that couldmake a rental unit unlivable. The impliedwarranty of habitability requires landlords tomaintain their rental units in a condition fit forthe “occupation of human beings.”86 In addi-tion, the rental unit must “substantially comply”with building and housing code standards thatmaterially affect tenants’ health and safety.87

A dwelling may be considered uninhabit-able (unlivable) if it substantially lacks any ofthe following:88

• Effective waterproofing and weatherprotection of roof and exterior walls,including unbroken windows and doors.

• Plumbing facilities in good workingorder, including hot and cold runningwater, connected to a sewage disposalsystem.

• Gas facilities in good working order.• Heating facilities in good working order.• An electric system, including lighting,

wiring, and equipment, in good workingorder.

• Clean and sanitary buildings, grounds,and appurtenances (for example, agarden or a detached garage), free fromdebris, filth, rubbish, garbage, rodents,and vermin.

• Adequate trash receptacles in goodrepair.

• Floors, stairways, and railings in goodrepair.

In addition to these requirements, eachrental unit must have all of the following:

• A working toilet, wash basin, andbathtub or shower. The toilet and bathtubor shower must be in a room which isventilated and allows privacy.

• A kitchen with a sink that cannot bemade of an absorbent material such aswood.

• Natural lighting in every room throughwindows or skylights. Windows in eachroom must be able to open at least halfwayfor ventilation, unless a fan providesmechanical ventilation.

• Safe fire or emergency exits leading to astreet or hallway. Stairs, hallways, and exitsmust be kept litter-free. Storage areas,garages, and basements must be kept free ofcombustible materials.89

• Operable deadbolt locks on the main entrydoors of rental units, and operable lockingor security devices on windows.90

• Working smoke detectors in all units ofmulti-unit buildings, such as duplexes andapartment complexes. Apartment complexesalso must have smoke detectors in commonstairwells.91

The implied warranty of habitability is notviolated merely because the rental unit is not inperfect, aesthetically pleasing condition. Nor is theimplied warranty of habitability violated if thereare minor housing code violations, which, standingalone, do not affect habitability.92

While it is the landlord’s responsibility toinstall and maintain the inside wiring for onetelephone jack, the landlord’s failure to do soprobably does not violate the implied warranty ofhabitability.93

Limitations on landlord’s dutyto keep the rental unit habitable

Even if a rental unit is unlivable because ofone of the conditions listed above, a landlord maynot be legally required to repair the condition if thetenant has not fulfilled the tenant’s own responsi-bilities.

In addition to generally requiring a tenant totake reasonable care of the rental unit and commonareas (see page 23), the law lists specific thingsthat a tenant must do to keep the rental unitliveable.

Tenants must do all of the following:• Keep the premises “as clean and sanitary as

the condition of the premises permits.”

86 Civil Code Section 1941.87 Green v. Superior Court (1974) 10 Cal.3d 616

[111 Cal.Rptr. 704].88 Civil Code Section 1941.1.89 Health and Safety Code Sections 17900-17995.90 Civil Code Section 1941.3. See this section for addi-

tional details and exemptions. Remedies for violation of

these requirements are listed at Civil Code Section1941.3(c). See California Practice Guide, Landlord-Tenant, Paragraphs 3:21.5-3:21.10 (Rutter Group2000).

91 Health and Safety Code Section 13113.7.92 Green v. Superior Court (1974) 10 Cal.3d 616, 637-638

[111 Cal.Rptr. 704, 718-719]; Hinson v. Delis (1972) 26Cal.App.3d 62, 70 [102 Cal.Rptr. 661, 666].

25

• Use and operate gas, electrical, andplumbing fixtures properly. (Examples ofimproper use include overloading electri-cal outlets; flushing large, foreign objectsdown the toilet; and allowing any gas,electrical, or plumbing fixture to becomefilthy.)

• Dispose of trash and garbage in a cleanand sanitary manner.

• Not destroy, damage, or deface thepremises, or allow anyone else to do so.

• Not remove any part of the structure,dwelling unit, facilities, equipment, orappurtenances, or allow anyone else to doso.

• Use the premises as a place to live, anduse the rooms for their intended purposes.For example, the bedroom must be usedas a bedroom, and not as a kitchen.94

• Notify the landlord when dead bolt locksand window locks or security devicesdon’t operate properly.95

However, a landlord may agree in writing toclean the rental unit and dispose of the trash.96

If a tenant violates these requirements insome minor way, the landlord is still responsiblefor providing a habitable dwelling, and may beprosecuted for violating housing code standards.If the tenant fails to do one of these requiredthings, and the tenant’s failure has either substan-tially caused an unlivable condition to occur orhas substantially interfered with the landlord’sability to repair the condition, the landlord doesnot have to repair the condition.97 However, atenant cannot withhold rent or sue the landlordfor violating the implied warranty of habitabilityif the tenant has failed to meet these require-ments.98

Responsibility for other kinds of repairsAs for less serious repairs, the rental agree-

ment or lease may require either the tenant or thelandlord to fix a particular item. Items coveredby such an agreement might include refrigerators,washing machines, parking places, or swimming

pools. These items are usually considered“amenities,” and their absence does not make adwelling unit unfit for living.

These agreements to repair are usuallyenforceable in accordance with the intent of theparties to the rental agreement or lease.

Tenant’s agreement to make repairsThe landlord and the tenant may agree in the

rental agreement or lease that the tenant willperform all repairs and maintenance in exchangefor lower rent.99 Such an agreement must bemade in good faith: there must be a real reduc-tion in the rent, and the tenant must intend and beable to make all the necessary repairs. Whennegotiating the agreement, the tenant shouldconsider whether he or she wants to try tonegotiate a cap on the amount that he or she canbe required to spend making repairs. Regardlessof any such agreement, the landlord is respon-sible for maintaining the property as required bystate and local housing codes.100

HAVING REPAIRS MADE

If a tenant believes that his or her rental unitneeds repairs, and that the landlord is responsiblefor the repairs under the implied warranty ofhabitability, the tenant should notify the landlord.Since rental units typically are business invest-ments for landlords, most landlords want to keepthem safe, clean, attractive, and in good repair.

It’s best for the tenant to notify the landlordof damage or defects by both a telephone calland a letter. The tenant should specificallydescribe the damage or defects and the requiredrepairs in both the phone call and the letter. Thetenant should date the letter and keep a copy toshow that notice was given and what it said.

The tenant should send the notice to thelandlord, manager, or agent by certified mail withreturn receipt requested. Sending the notice bycertified mail is not required by law, but is a verygood idea. Or, the tenant (or a friend) maypersonally deliver the notice to the landlord,manager, or agent and ask for a receipt to showthat the notice was received. The tenant should

DEALING WITH PROBLEMS

93 Civil Code Section 1941.4; Public Utilities Code Section788. See California Practice Guide, Landlord-Tenant,Paragraph 3:21.10 (Rutter Group, 2000).

94 Civil Code Section 1941.2(a).95 Civil Code Section 1941.3(b).96 Civil Code Section 1941.2(b).97 Civil Code Section 1941.2(a).

98 Civil Code Sections 1929, 1942(c); see Brown andWarner, The California Landlord’s Law Book, Vol.I: Rights & Responsibilities, pages 11/8-11/9(NOLO Press 2001).

99 Civil Code Section 1942.1.100 Moskovitz and Warner, California Tenants’ Rights,

page 2/5 (NOLO Press, 2001).

26

keep a copy of the notice and the receipt, or someother evidence that the notice was delivered.

If the landlord doesn’t make the requestedrepairs, and doesn’t have a good reason for notdoing so, the tenant may have one of severalremedies, depending on the seriousness of therepairs. These remedies are discussed in the rest ofthis section. Each of these remedies has its ownrisks and requirements, so the tenant should usethem carefully.

The “repair and deduct” remedyThe “repair and deduct” remedy allows a

tenant to deduct money from the rent, up to theamount of one month’s rent, to pay for repair ofdefects in the rental unit.101 This remedy coverssubstandard conditions that affect the tenant’shealth and safety, and that substantially breach theimplied warranty of habitability.102 (See discussionof the implied warranty of habitability, pages 23-25.) Examples might include a leak in the roofduring the rainy season, no hot running water, or agas leak.

As a practical matter, the repair and deductremedy allows a tenant to make needed repairs ofserious conditions without filing a lawsuit againstthe landlord. Because this remedy involves legaltechnicalities, it’s a good idea for the tenant to talkto a lawyer, legal aid organization, or tenants’association before proceeding.

The basic requirements and steps for using therepair and deduct remedy are as follows:1. The defects must be serious and directly

related to the tenant’s health and safety.103

2. The repairs cannot cost more than one month’srent.

3. The tenant cannot use the repair and deductremedy more than twice in any 12-monthperiod.

4. The tenant or the tenant’s family, guests, orpets must not have caused the defects thatrequire repair.

5. The tenant must inform the landlord, eitherorally or in writing, of the repairs that areneeded. (See “Giving the landlord notice,”page 29.)

6. The tenant must give the landlord a reasonableperiod of time to make the needed repairs.

• What is a reasonable period of time?This depends on the defects and the typesof repairs that are needed. The lawusually considers 30 days to be reason-able, but a shorter period may be consid-ered reasonable, depending on thesituation. For example, if the furnace isbroken and it’s very cold outdoors, twodays may be considered reasonable(assuming that a qualified repair personis available within that time period).

7. If the landlord doesn’t make the neededrepairs within a reasonable period of time,the tenant may either make the repairs orhire someone to do them. The tenant maythen deduct the cost of the repairs from therent when it is due. The tenant should keepall receipts for the repairs.

• It’s a good idea, but not a legal require-ment, for the tenant to give the landlord awritten notice that explains why thetenant hasn’t paid the full amount of therent. The tenant should keep a copy ofthis notice.

RISKS: The defects may not be seriousenough to justify using the repair and deductremedy. In that event, the landlord can sue thetenant to recover the money deducted from therent, or can file an eviction action based on thenonpayment of rent. If the tenant deductedmoney for repairs not covered by the remedy, ordidn’t give the landlord proper advance noticeor a reasonable time to make repairs, the courtcan order the tenant to pay the full rent eventhough the tenant paid for the repairs, or canorder that the eviction proceed.

The landlord may try to evict the tenant orraise the rent because the tenant used the repairand deduct remedy. This kind of action is knownas a “retaliatory eviction” (see page 46). Thelaw prohibits this type of eviction, with somelimitations.104

The “abandonment” remedyInstead of using the repair and deduct

remedy, a tenant can abandon (move out of) adefective rental unit. This remedy is called the“abandonment” remedy. A tenant might use theabandonment remedy where the defects would

101 Civil Code Section 1942.102 California Practice Guide, Landlord-Tenant,

Paragraphs 3:115-3:116 (Rutter Group, 1999).

103 Brown and Warner, The California Landlord’s LawBook, Vol. I: Rights & Responsibilities, page 11/9(NOLO Press 2001).

104 Civil Code Section 1942.5(a).

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cost more than one month’s rent to repair,105 butthis is not a requirement of the remedy. Theabandonment remedy has most of the samerequirements and basic steps as the repair anddeduct remedy.106

In order to use the abandonment remedy, therental unit must have substandard conditions thataffect the tenant’s health and safety, and thatsubstantially breach the implied warranty ofhabitability.107 (See discussion of the impliedwarranty of habitability, pages 23-25.) If thetenant uses this remedy properly, the tenant is notresponsible for paying further rent once he or shehas abandoned the rental unit.108

The basic requirements and steps for lawfullyabandoning a rental unit are:1. The defects must be serious and directly

related to the tenant’s health and safety.109

2. The tenant or the tenant’s family, guests, orpets must not have caused the defects thatrequire repair.

3. The tenant must inform the landlord, eitherorally or in writing, of the repairs that areneeded. (See “Giving the landlord notice,”page 29.)

4. The tenant must give the landlord a reason-able period of time to make the neededrepairs.• What is a reasonable period of time? This

depends on the defects and the types ofrepairs that are needed. The law usually

considers 30 days to be reasonable, but ashorter period may be considered reason-able, depending on the circumstances. Forexample, if tree roots block the mainsewer drain and none of the toilets ordrains work, a reasonable period might beas little as one or two days.

5. If the landlord doesn’t make the neededrepairs within a reasonable period of time,the tenant should notify the landlord inwriting of the tenant’s reasons for movingand then actually move out. The tenantshould return all the rental unit’s keys to thelandlord. The notice should be mailed ordelivered as explained in “Giving thelandlord notice,” page 29. The tenant shouldkeep a copy of the notice.

• It’s a good idea, but not a legal require-ment, for the tenant to give the landlordwritten notice of the tenant’s reasons formoving out. The tenant’s letter maydiscourage the landlord from suing thetenant to collect additional rent or otherdamages. A written notice also documentsthe tenant’s reasons for moving, whichmay be helpful in the event of a laterlawsuit. If possible, the tenant should takephotographs or a video of the defectiveconditions or have local health or buildingofficials inspect the rental unit beforemoving. The tenant should keep a copy ofthe written notice and any inspectionreports and photographs or videos.

RISKS: The defects may not affect the tenant’shealth and safety seriously enough to justifyusing the remedy. The landlord may sue thetenant to collect additional rent or damages.

The “rent withholding” remedyA tenant may have another option for getting

repairs made — the “rent withholding” remedy.By law, a tenant is allowed to withhold (stop

paying) some or all of the rent if the landlorddoes not fix serious defects that violate theimplied warranty of habitability.110 (See discus-

DEALING WITH PROBLEMS

105 California Practice Guide, Landlord-Tenant,Paragraph 3:127 (Rutter Group, 1999).

106 Civil Code Section 1942.107 California Practice Guide, Landlord-Tenant,

Paragraphs 3:115-3:116, 3:126 (Rutter Group, 1999).

108 Civil Code Section 1942.109 Brown and Warner, The California Landlord’s Law

Book, Vol. I: Rights & Responsibilities, page 11/9(NOLO Press 2001).

110 Green v. Superior Court (1974) 10 Cal.3d 616 [111Cal.Rptr. 704].

The ‘repair and deduct’remedy allows a tenant to

deduct money from the rent,up to the amount of one

month’s rent, to pay for repairof [serious] defects in the

rental unit.

“

”

28

sion of the implied warranty of habitability,pages 23-25.) In order for the tenant to withholdrent, the defects or repairs that are needed mustbe more serious than would justify use of therepair and deduct and abandonment remedies.111

The defects must be serious ones that threatenthe tenant’s health or safety.112

The defects that were serious enough tojustify withholding rent in Green v. SuperiorCourt113 are listed below as examples:

• Collapse and nonrepair of the bathroomceiling.

• Continued presence of rats, mice, andcockroaches.

• Lack of any heat in four of theapartment’s rooms.

• Plumbing blockages.• Exposed and faulty wiring.• An illegally installed and dangerous

stove.In the Green case, all of these defects were

present, and there also were many violations ofthe local housing and building codes. In othersituations, the defects that would justify rentwithholding may be different, but the defectswould still have to be serious ones that threatenthe tenant’s health or safety.

In order to prove a violation of the impliedwarranty of habitability, the tenant will needevidence of the defects that require repair. In theevent of a court action, it is helpful to havephotographs or videos, witnesses, and copies ofletters informing the landlord of the problem.

Before the tenant withholds rent, it is a goodidea to check with a legal aid organization,lawyer, housing clinic, or tenant program to helpdetermine if rent withholding is the appropriateremedy.

The basic requirements and steps for usingthe rent withholding remedy are:

1. The defects or the repairs that are neededmust threaten the tenant’s health or safety.114

• The defects must be serious enough tomake the rental unit uninhabitable. Forexample, see the defects described in thediscussion of the Green case above.

2. The tenant, or the tenant’s family, guests, orpets must not have caused the defects thatrequire repair.

3. The tenant must inform the landlord eitherorally or in writing of the repairs that areneeded. (See “Giving the landlord notice,”page 29.)

4. The tenant must give the landlord a reason-able period of time to make the neededrepairs.

• What is a reasonable period of time? Thisdepends on the defects and the type ofrepairs that are needed.

5. If the landlord doesn’t make the neededrepairs within a reasonable period of time, thetenant can withhold some or all of the rent.The tenant can continue to withhold the rentuntil the landlord makes the repairs.

• How much rent can the tenant withhold?While the law does not provide a clear testfor determining how much rent is reason-able for the tenant to withhold, judges inrent withholding cases often use one of thefollowing methods. These methods areoffered as examples.

Percentage reduction in rent: The percent-age of the rental unit that is uninhabitableis determined, and the rent is reduced bythat amount. For example, if one of a rentalunit’s four rooms is uninhabitable, thetenant could withhold 25 percent of therent. The tenant would have to pay theremaining 75 percent of the rent. Mostcourts use this method.

Reasonable value of rental unit: The valueof the rental unit in its defective state isdetermined, and the tenant withholds thatamount. The tenant would have to pay thedifference between the rental unit’s fairmarket value (usually the rent stated in therental agreement or lease) and the rentalunit’s value in its defective state.115

6. The tenant should save the withheld rentmoney and not spend it. The tenant shouldexpect to have to pay the landlord some or allof the withheld rent once the repairs havebeen made.

111 Moskovitz and Warner, California Tenants’ Rights,page 7/9 (NOLO Press 2001).

112 Brown and Warner, The California Landlord’s LawBook, Vol. I: Rights & Responsibilities, page 11/11(NOLO Press 2001).

113 10 Cal.3d 616 [111 Cal.Rptr. 704].114 Brown and Warner, The California Landlord’s Law

Book, Vol. I: Rights & Responsibilities, page 11/11(NOLO Press 2001).

29

• If the tenant withholds rent, the tenantshould put the withheld rent money into aspecial bank account (called an escrowaccount). The tenant should notify thelandlord in writing that the withheld rentmoney has been deposited in the escrowaccount, and explain why.

Depositing the withheld rent money in anescrow account is not required by law, but is avery good thing to do for three reasons.

First, as explained under “RISKS” below,rent withholding cases often wind up in court.The judge usually will require the tenant to paythe landlord some reduced rent based on thevalue of the rental unit with all of its defects.Rarely does a judge excuse payment of all rent.Depositing the withheld rent money in an escrowaccount assures that the tenant will have themoney to pay any “reasonable rent” that thecourt orders.

Second, putting the withheld rent money inan escrow account proves to the court that thetenant didn’t withhold rent just to avoid payingrent. If there is a court hearing, the tenant shouldbring rental receipts or other evidence to showthat he or she has been reliable in paying rent inthe past.

Third, most legal aid organizations andlawyers will not represent a tenant who has notdeposited the withheld rent money in an escrowaccount.

Sometimes, the tenant and the landlord willbe able to agree on the amount of rent that isreasonable for the time when the rental unitneeded repairs. If the tenant and the landlordcan’t agree on a reasonable amount, the disputewill have to be decided in court, or resolved inan arbitration or mediation proceeding(see page 46).

RISKS: The defects may not be seriousenough to threaten the tenant’s health or safety.If the tenant withholds rent, the landlord maygive the tenant an eviction notice (a three-daynotice to pay the rent or leave). If the tenantrefuses to pay, the landlord will probably go tocourt to evict the tenant. In the court action, thetenant will have to prove that the landlordviolated the implied warranty of habitability.

If the tenant wins the case, the landlord willbe ordered to make the repairs, and the tenantwill be ordered to pay a reasonable rent. Therent ordinarily must be paid within a few daysafter the judge makes his or her decision. If thetenant wins, but doesn’t pay the amount of rentordered when it is due, the judge will enter ajudgment for the landlord, and the tenantprobably will be evicted. If the tenant loses, heor she will have to pay the rent, probably will beevicted, and may be ordered to pay thelandlord’s attorney’s fees.

There is another risk of using rent withhold-ing: if the tenant doesn’t have a lease, thelandlord may ignore the tenant’s notice ofdefective conditions and seek to remove thetenant by giving him or her a 30-day notice tomove. This may amount to a “retaliatoryeviction” (see page 46).116 The law prohibitsretaliatory evictions, with some limitations.117

Giving the landlord noticeWhenever a tenant gives the landlord notice

of the tenant’s intention to repair and deduct,withhold rent, or abandon the rental unit, it’sbest to put the notice in writing. The noticeshould be in the form of a letter, and can betyped or handwritten. The letter should describein detail the problem and the repairs that arerequired. The tenant should sign and date theletter and keep a copy.

The notice should be sent to the landlord,manager, or agent by certified mail (return receiptrequested). Sending the notice by certified mail isnot required by law, but is a very good idea. Or,the tenant (or a friend) may personally deliver thenotice to the landlord, manager, or agent. Thetenant should ask for a signed and dated receiptshowing that the notice was received, or ask thelandlord to date and sign (or initial) the tenant’scopy of the letter to show that the landlordreceived the notice. Whatever the method ofdelivery, it’s important that the tenant have proofthat the landlord, or the landlord’s manager oragent, received the notice.

The copy of the letter and the receipt will beproof that the tenant notified the landlord, andalso proof of what the notice said. Keep the copyof the letter and the receipt in case of a disputewith the landlord.

DEALING WITH PROBLEMS

115 See discussion in Brown and Warner, The CaliforniaLandlord’s Law Book, Vol. I: Rights & Responsibilities,page 11/12 (NOLO Press 2001) and Moskovitz andWarner, California Tenants’ Rights, page 7/10 (NOLOPress 2001).

116 Moskovitz, California Eviction Defense Manual,Section 16.19 (Cal. Cont. Ed. Bar, 2001).

117 Civil Code Section 1942.5(a).

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Tenant InformationAn occupant of residential property can invite

another person onto the property during reason-able hours, or because of emergency circum-stances, to provide information about tenants’rights or to participate in a tenants’ association oran association that advocates tenants’ rights. Theinvited person cannot be held liable for tres-pass.118

Lawsuit for damages as a remedyThe remedies of repair and deduct, abandon-

ment, and rent withholding allow a tenant in arental unit with serious habitability defects to takeaction against the landlord without filing alawsuit. Arbitration and mediation are othermethods of resolving disputes about the conditionof a rental unit (see page 48).

A tenant has another option: filing a lawsuitagainst the landlord to recover money damages ifthe landlord does not repair serious defects in atimely manner.119 This kind of lawsuit can be filedin small claims court or superior court, dependingon the amount demanded in the suit.

If the tenant wins the lawsuit, the court mayaward the tenant his or her actual damages, and“special damages” in an amount ranging from$100 to $1,000.120 “Special damages” are coststhat the tenant incurs, such as the cost of a motelroom, because the landlord did not repair thedefects in the rental unit.

The court also may order the landlord toabate (stop or eliminate) a nuisance and to repairany substandard condition which significantlyaffects the health and safety of the tenant.121 Forexample, a court could order a landlord to repair aleaky roof, and could retain jurisdiction over thecase until the roof is fixed.

In order for a tenant to win such a lawsuitagainst the landlord, all of the following condi-tions must be met:122

• The rental unit must have serioushabitability defects — that is, it mustsubstantially lack any of the minimumrequirements for habitability listed inthe eight categories on page 24.

• A housing inspector must inspect thepremises, and must notify the landlord orthe landlord’s agent, in writing, of thelandlord’s obligation to repair the substan-dard conditions.

• The substandard conditions mustcontinue to exist for more than 60 daysafter the housing inspector issued thewritten notice, and the landlord must nothave “good cause” for failing to make therepairs.

• The substandard conditions were notcaused by the tenant or the tenant’s family,guests, or pets.

In addition to recovering money damages, theparty who wins the lawsuit is entitled to recoverhis or her costs of bringing the suit (for example,court filing fees), plus reasonable attorney’s feesas awarded by the court.123

Before filing this kind of lawsuit, the tenantshould take all of these basic steps:

• The tenant should notify the landlord inwriting about the conditions that requirerepair. (See “Giving the landlord notice,”page 29.) The rental unit must haveserious habitability defects that were notcaused by the tenant’s family, guests, orpets.

• The notice should specifically describe thedefects and the repairs that are required.

• The notice should give the landlord areasonable period of time to make therepairs.

• If the landlord doesn’t make the repairswithin a reasonable time, the tenant shouldcontact the local city or county buildingdepartment, health department, or localhousing agency and request an inspection.

• The housing inspector must inspect therental unit.

• The housing inspector must give thelandlord written notice of the requiredrepairs.

118 Civil Code Section 1942.6. A tenants’association does not have a right under theCalifornia Constitution’s free speech clause todistribute its newsletter in a privately ownedapartment complex. (Golden Gateway Centerv. Golden Gateway Tenants Assoc. (2001) 26Cal. 4th 1013 [111 Cal. Rptr. 2d 336].)

119 Civil Code Section 1942.4.120 Civil Code Section 1942.4(a).121 Civil Code Sections 1942.4(a),(c).122 Civil Code Section 1942.4(a).

31

• The substandard conditions must continueto exist for more than 60 days after thehousing inspector issues the notice.

• The tenant should gather evidence of thesubstandard conditions (for example,photographs or videos, statements ofwitnesses, inspection reports) so that thetenant can prove his or her case in court.

• The tenant should discuss the case with alawyer, legal aid organization, tenantprogram, or housing clinic in order tounderstand what the lawsuit is likely toaccomplish, and also the risks involved.

Resolving complaints out of courtBefore filing suit, the tenant should try to

resolve the dispute out of court, either throughpersonal negotiation or a dispute resolutionprogram that offers mediation or arbitration oflandlord-tenant disputes. If the tenant and thelandlord agree, a neutral person can work withboth of them to reach a solution. Informal disputeresolution can be inexpensive and fast. (See“Arbitration and Mediation,” page 48.)

LANDLORD’S SALE OF THE RENTAL UNIT

If your landlord voluntarily sells the rentalunit that you live in, your legal rights as a tenantare not changed. Tenants who have a lease havethe right to remain through the end of the leaseunder the same terms and conditions. The newlandlord can terminate a periodic tenancy (forexample, a month-to-month tenancy), but onlyafter giving the tenant the required advancenotice. (See “Landlord’s notice to end a periodictenancy,” pages 32-33.)

The sale of the building doesn’t change therights of the tenants to have their security depos-its refunded when they move. Pages 34-36 discussthe landlord’s responsibility for the tenants’security deposits after the rental unit has beensold.

CONDOMINIUM CONVERSIONS

A landlord who wishes to convert rentalproperty into condominiums must obtain approval

MOVING OUT

123 Civil Code Section 1942.4(b).124 Government Code Sections 66427.1(a),(b).125 Government Code Sections 66451.3,

65090, 65091.126 Government Code Section 66427.1(c).

127 Government Code Section 66427.1. See Businessand Professions Code Sections 11018, 11018.2,California Practice Guide, Landlord-Tenant,Paragraph 5:306 and following (Rutter Group,1999).

128 Civil Code Section 827(a).

from the city or county planning agency. Thelandlord also must receive final approval in theform of a public report issued by the stateDepartment of Real Estate. Affected tenantsmust receive notices at various stages of theapplication and approval process.124 Thesenotices are designed to allow affected tenantsand the public to have a voice in the approvalprocess.125 Tenants can check with localelected officials or housing agencies about theapproval process and opportunities for publicinput.

Perhaps most important, affected tenantsmust be given written notice of the conversionto condominiums at least 180 days before theirtenancies end due to the conversion.126 Affectedtenants also must be given a first option to buythe rental unit on the same terms that are beingoffered to the general public (or better terms).The tenants must be able to exercise this rightfor at least 90 days following issuance of theDepartment of Real Estate’s public report.127

MOVING OUT

GIVING AND RECEIVING PROPER NOTICE

Tenant’s notice to end a periodic tenancyTo end a periodic rental agreement (for

example, a month-to-month agreement), youmust give your landlord proper written noticebefore you move.

If you pay rent monthly, you must givewritten notice at least 30 days before youmove. If you pay rent every week, you mustgive written notice at least seven days beforeyou move. You must follow these timelinesunless your rental agreement provides for ashorter notice period. For example, if you havea month-to-month agreement, but agreed toseven days’ advance notice in the rentalagreement, you need to give only seven days’advance written notice. California law requiresa minimum of seven days’ advance notice toend any rental agreement.128

32

A special rule applies in the cities of LosAngeles, Santa Monica and West Hollywood.In those cities, a tenant with a periodictenancy must give the landlord notice that is atleast as long as the period between rentpayments (for example, 30 days in a month-to-month tenancy).129

To avoid later disagreements, date thenotice, state the date that you intend to move,and make a copy of the notice for yourself. It’sbest to deliver the notice to the landlord orproperty manager in person, or mail it bycertified mail with return receipt requested.(You can also serve the notice by one of themethods described under “Proper Service ofNotices,” pages 41-42.)130

You can give the landlord notice any timeduring the rental period, but you must pay fullrent during the period covered by the notice.For example, say you have a month-to-monthrental agreement, and pay rent on the first dayof each month. You could give notice any timeduring the month (for example, on the tenth).Then, you could leave 30 days later (on thetenth of the following month, or earlier if youchose to). But you would have to pay rent forthe first 10 days of the next month whether youstay for those 10 days or move earlier. (EXCEP-TION: You would not have to pay rent for theentire 10 days if you left earlier, and thelandlord rented the unit to another tenantduring the 10 days, and the new tenant paidrent for all or part of the 10 days.)

The rental agreement or lease must statethe name and address of the person or entity towhom you must make rent payments (see page14). If this address does not accept personaldeliveries, you can mail your notice to theowner at the stated name and address. If youcan show proof that you mailed the notice tothe stated name and address (for example, areceipt for certified mail), a law effective onJanuary 1, 2002 assumes that the notice isreceivable by the owner on the date of post-mark.131

134 Civil Code Sections 1946.1(a),(b),(d), added by Stats.2001, ch. 729, effective January 1, 2002 (SB 985(Kuehl)). The 60-day notice requirement does not applyin cities where the local rent control agency determinesthat the rental vacancy rate exceeds 10 percent, or tocondominiums where the purchaser intends to occupythe unit, gives the tenant notice 30 days or less afterpurchase, and the tenant was not previously given a60-day notice.

135 Civil Code Section 1954.535.

129 Civil Code Section 1946.1(b), added by Stats. 2001, ch.729, effective January 1, 2002 (SB 985 (Kuehl)).

130 Civil Code Section 1946.131 Civil Code Section 1962(f), added by Stats. 2001, ch.

729, effective January 1, 2002 (SB 985 (Kuehl)).132 Civil Code Section 1946.133 Code of Civil Procedure Section 12a.

Landlord’s notice to end a periodic tenancyA landlord can end a periodic tenancy with

proper advance written notice. Your landlordmust give you 30 days’ advance written notice inthe case of a month-to-month tenancy, sevendays’ advance written notice for a week-to-weektenancy, or the amount of notice specified in yourrental agreement (but never less than seven days).The landlord usually isn’t required to state areason for ending the tenancy in the 30-daynotice (see “Thirty-day notice,” page 39). Thelandlord can serve the 30-day notice by certifiedmail, or by one of the methods described under“Proper Service of Notices,” pages 41-42.132

NOTE: In the circumstances described onpages 39-40, a landlord can give you just threedays’ advance written notice.

If you receive a 30-day notice, you mustleave the rental unit by the end of the thirtieth dayafter the date that the landlord served the notice(see page 39). For example, if the landlord servedthe 30-day notice on July 16, you would begincounting the 30 days on July 17, and the 30-dayperiod would end on August 15. If August 15falls on a weekday, you would need to leave on orbefore that date. However, if the end of the 30-day period falls on a Saturday, you would notneed to leave until Monday, August 17, becauseSaturdays and Sundays are holidays. Other legalholidays also extend the notice period.133

If you don’t move by the end of the 30-dayperiod, the landlord can file an unlawfuldetainer lawsuit to evict you (see page 42).

What if you have received a 30-day notice,but you want to continue to rent the property, oryou believe that you haven’t done anything tocause the landlord to give you a 30-day notice? Inthese situations, you can try to convince thelandlord to withdraw the notice. Try to find outwhy the landlord gave you the 30-day notice. Ifit’s something within your control (for example,consistently late rent, or playing the stereo tooloud), assure the landlord that in the future, you

33MOVING OUT

136 Moskovitz and Warner, California Tenants’ Rights, pages11/10-11/11 (NOLO Press 2001); Brown and Warner,The California Landlord’s Law Book, Vol. II: Evictions,page 3/5 (NOLO Press 2001); California PracticeGuide, Landlord-Tenant, Paragraph 12:27 and follow-ing (Rutter Group 2000).

137 Brown and Warner, The California Landlord’s LawBook, Vol. I: Rights & Responsibilities, pages 5/4-5/5(NOLO Press 2001).

138 Moskovitz and Warner, California Tenants’ Rights, page10/10 (NOLO Press 2001); see Brown and Warner, TheCalifornia Landlord’s Law Book, Vol. I: Rights &Responsibilities, page 5/5 (NOLO Press 2001).

will pay on time or keep the volume turned down.Then, keep your promise. If the landlord won’twithdraw the notice, you will have to move out atthe end of the 30 days, or be prepared for thelandlord to file an unlawful detainer lawsuit toevict you.

Special rules may apply in cities with rentcontrol. In the cities of Los Angeles, SantaMonica and West Hollywood, a landlord must givea tenant at least 60 days’ advance written notice ifthe tenant has lived in the unit for at least oneyear.134 In some communities with rent controlordinances, a periodic tenancy cannot be ended bythe landlord without a good faith “just cause” or“good cause” reason to evict. In these communi-ties, the landlord must state the reason for thetermination, and the reason may be reviewed bylocal housing authorities.

Landlords usually have to state just cause forevicting tenants who live in federal- or state-subsidized housing. If you live in Section 8housing and your rent is partially paid by the U.S.Department of Housing and Urban Development(HUD), the landlord must give you 90 days’written notice of termination135 and must havegood cause to terminate the tenancy during thefirst year. The landlord’s notice must state thereason for termination.136

If you live in subsidized housing or in an areawith rent control, check with your local housingofficials to see if any of these special rules applyin your situation.

ADVANCE PAYMENT OF LAST MONTH’S RENT

Many landlords require tenants to pay “lastmonth’s rent” as part of the security deposit orat the time the security deposit is paid. Whetherthe tenant can use this amount at the end of thetenancy to pay the last month’s rent depends onthe language used in the lease or rental agree-ment.137

If your lease or rental agreement calls part ofyour upfront payment “last month’s rent,” thispays the rent for your last month in the rental unit.However, sometimes landlords raise the rent

before the last month’s rent becomes due. Inthis situation, can the landlord require you topay the amount of the increase for the lastmonth?

The law does not provide a clear answer tothis question. If your lease or rental agreementlabels part of your upfront payment “lastmonth’s rent,” then you have a strong argumentthat you paid the last month’s rent when youmoved in. In this situation, the landlord shouldnot be able to require you to pay the amount ofthe increase for the last month.138 However, ifyour lease or rental agreement labels part ofyour upfront payment “security for last month’srent,” then the landlord has a good argumentthat you have not actually paid the last month’srent, but have only provided security for it. Inthis situation, the landlord could require you topay the amount of the increase for the lastmonth.

For example, say that your rental agreementlabeled part of the total deposit that you paidwhen you moved in “security for last month’srent,” or that “last month’s rent” is one of theitems listed in your rental agreement under theheading “Security.” Suppose that your rent was$300 when you moved in and that you paid yourlandlord $300 as “security for the last month’srent.” Suppose that you also paid your landlordan additional $300 as a security deposit. If thelandlord properly raised your rent to $350 whileyou were living in the rental unit, you canexpect to owe your landlord $50 for rent duringthe last month of your tenancy (that is, thecurrent rent [$350] minus the prepaid amount[$300] equals $50 owed).

If your rental agreement calls your entireupfront payment a “security deposit” and doesnot label any part of it “last month’s rent,” or“security for last month’s rent,” then you willhave to pay the last month’s rent when it comesdue. In this situation, you cannot use part ofyour security deposit to pay the last month’srent. However, you will be entitled to a refundof your security deposit, as explained in thenext section.

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139 Civil Code Sections 1950.5(b),(e).140 Civil Code Section 1950.5(e).141 Civil Code Section 1950.5(l).

142 Brown and Warner, The California Landlord’sLaw Book, Vol. I: Rights & Responsibilities, pages5/3, 20/5-20/6 (NOLO Press 2001); see Moskovitzand Warner, California Tenants’ Rights, pages 10/3-10/4 (NOLO Press 2001).

143 Civil Code Section 1950.5(e).

REFUNDS OF SECURITY DEPOSITS

Common problems and how to avoid themThe most common disagreement between

landlords and tenants is over the refund of thetenant’s security deposit after the tenant hasmoved out of the rental unit. California lawtherefore specifies procedures that the land-lord must follow for refunding, using, andaccounting for tenants’ security deposits.

A landlord can only use the tenant’ssecurity deposit to compensate (repay) thelandlord for the tenant’s failure to perform aduty as a tenant (see Basic Rules GoverningSecurity Deposits, pages 16-17). Californialaw specifically allows the landlord to use thesecurity deposit for four purposes:

• For unpaid rent;• For cleaning the rental unit when the

tenant moves out, if the unit is not asclean as when it was rented;

• For repair of damages, other thannormal wear and tear, caused by thetenant or the tenant’s guests; and

• If the lease or rental agreement allowsit, for the cost of restoring or replacingfurniture, furnishings, or other items ofpersonal property (including keys),other than for normal wear and tear.139

A landlord can withhold from the securitydeposit only those amounts that are reasonablynecessary for these purposes. The securitydeposit cannot be used for repairing defectsthat existed in the unit before you moved in,for conditions caused by normal wear and tearduring your tenancy or previous tenancies, orfor cleaning a rental unit that is as clean as itwas when you moved in.140 A rental agreementor lease can never state that a security depositis “nonrefundable.”141

Under California law, within 21 days(three weeks) after you move, your landlordmust either:

SUGGESTED APPROACHES TOSECURITY DEPOSIT DEDUCTIONS

Unfortunately, the law’s terms“reasonably necessary” and “normal wearand tear” are vague and mean differentthings to different people. The followingsuggestions are offered as practical guidesfor dealing with security deposit issues;while these suggestions are consistent withthe law, they are not necessarily the law inthis area.1. Costs of cleaning

A landlord may properly deduct fromthe departing tenant’s security deposit topay for cleaning that is necessary to satisfythe “average” or “reasonable” incomingtenant.142 A reasonable standard, which maynot work in every case, is whether thedeparting tenant left the rental unit as cleanas it was when he or she moved in.

A landlord cannot automatically chargeeach tenant for cleaning carpets, drapes,walls, or windows in order to prepare therental unit for the next tenancy. Instead, thelandlord must look at how well the depart-ing tenant cleaned the rental unit, and maycharge cleaning costs only if the rental unit(or a portion of it) was left in a clearlysubstandard condition. Reasonable cleaningcosts would include the cost of such thingsas eliminating flea infestations left by thetenant’s animals, cleaning the oven, remov-ing decals from walls, removing mildew inbathrooms, and defrosting the refrigerator.

The landlord is allowed to deduct onlythe reasonable cost of cleaning the rentalunit from the tenant’s security deposit. Onepractical measure of the cost of cleaning isthe going hourly rate for cleaning costs inthe area where the rental unit is located.

(CONTINUED ON PAGE 35)

35MOVING OUT

144 Brown and Warner, The California Landlord’s LawBook, Vol. I: Rights & Responsibilities, page 20/6(NOLO Press 2001).

145 Brown and Warner, The California Landlord’s LawBook, Vol. I: Rights & Responsibilities, page 20/6(NOLO Press 2001).

Using this approach, if the tenant livedin the rental unit for two years or more, thetenant could not be charged for anyrepainting costs, no matter how dirty thewalls were.144

4. Other damage to wallsGenerally, minor marks or nicks in

walls are the landlord’s responsibility asnormal wear and tear (for example, wornpaint caused by a sofa against the wall).Therefore, the tenant should not be chargedfor such marks or nicks. However, a largenumber of holes in the walls or ceiling thatrequire filling with plaster, or that other-wise require patching and repainting, couldjustify withholding the cost of repaintingfrom the tenant’s security deposit. In thissituation, deducting for painting would bemore likely to be proper if the rental unithad been painted recently, and less likely tobe proper if the rental unit needed repaint-ing anyway. Generally, large marks or paintgouges are the tenant’s responsibility.145

5. Common sense and good faithREMEMBER: These suggestions are not

hard and fast rules. Rather, they areoffered to help tenants and landlordsavoid, understand and resolve securitydeposit disputes.

Security deposit disputes often can beresolved, or avoided in the first place, ifthe parties exercise common sense andgood judgment, and deal with each otherfairly and in good faith (see page 15). Forexample, a landlord should not deduct fromthe tenant’s security deposit for normalwear and tear, and a tenant should not tryto avoid responsibility for damages that thetenant has caused.

Especially in disputes about securitydeposits, overreaching by one party onlyinvites the other party to take a hard line.Disputes that reach this level often becomeunresolvable by the parties and wind upin court.

2. Carpets and drapes —“useful life” ruleNormal wear and tear to carpets or

drapes cannot be charged against a tenant’ssecurity deposit.143 Normal wear and tearincludes simple wearing down of carpetand drapes because of normal use or aging,and includes moderate dirt or spotting. Incontrast, large rips or indelible stainsjustify a deduction from the tenant’ssecurity deposit for repairing or replacingthe carpet or drapes.

One common method of calculatingthe deduction for replacement prorates thetotal cost of replacement so that the tenantpays only for the remaining useful life ofthe item that the tenant has damaged ordestroyed. For example, suppose a tenanthas damaged beyond repair an eight-year-old carpet that had a life expectancy of tenyears, and that a replacement carpet ofsimilar quality would cost $1,000. Thelandlord could properly charge only $200for the two years’ worth of life (use) thatwould have remained if the tenant had notdamaged the carpet.3. Repainting walls

One approach for determining theamount that the landlord can deduct fromthe tenant’s security deposit for repainting,when repainting is necessary, is based onthe length of the tenant’s stay in the rentalunit. This approach assumes that interiorpaint has a two-year life. (Some landlordsassume that interior paint has a life ofthree years or more.)

Length of stay DeductionLess than 6 months full cost6 months to 1 year two-thirds of cost1 year to 2 years one-third of cost2 or more years no deduction

SUGGESTED APPROACHES TO SECURITYDEPOSIT DEDUCTIONS, CONTINUED

36

• Send you a full refund of your securitydeposit, or

• Mail or personally deliver an itemizedstatement that lists the amounts of andreasons for any deductions from yoursecurity deposit, along with a refund ofany amounts not deducted.146

What should you do if you believe that yourlandlord has made an improper deduction fromyour security deposit, or if the landlord keeps allof the deposit without good reason?

Tell the landlord why you believe that thedeductions from your security deposit areimproper. Immediately ask the landlord for arefund of the amount that you believe you’reentitled to get back. You can make this requestby phone, but you should follow it up with aletter. The letter should state the reasons that youbelieve the deductions are improper, and theamount that you feel should be returned to you.Keep a copy of your letter. It’s a good idea tosend the letter to the landlord by certified mailand to request a return receipt to prove that thelandlord received the letter. Or, you can deliverthe letter personally and ask the landlord or thelandlord’s agent to acknowledge receipt bysigning and dating your copy of the letter.

If the landlord still doesn’t send you therefund that you think you’re entitled to, try towork out an acceptable compromise. You cansuggest that the dispute be mediated (see page48). You can also contact one of the agencieslisted on pages 47-48 for assistance. If none ofthis works, you may want to take legal action(see pages 37-38).

What happens if the landlord doesn’t deliveror mail a full refund or the required statement ofdeductions within 21 days as required by law?According to a California Supreme Court ruling,the landlord loses the right to keep any of thesecurity deposit and must return the entiredeposit to you.147 Even so, it may be difficult for

you to get your entire deposit back from thelandlord.148 You should contact one of theagencies listed on pages 47-48 for advice.

Practically speaking, you have two options ifthe landlord doesn’t honor the 21-day rule. Thefirst step for both is to call and write the land-lord to request a refund of your security deposit.You can also suggest that the dispute be medi-ated. If the landlord presents good reasons forkeeping some or all of your deposit for apurpose listed on page 34, it’s probably wise toenter into a reasonable compromise. This isbecause the other option is difficult and theoutcome may be uncertain.

The other option is to sue the landlord insmall claims court for return of your deposit.However, the landlord then can file a counter-claim against you that demands deductions fromthe deposit (for example, to pay for unpaid rentor damages that you caused). Both parties thenwill have to argue to the judge why he or she isentitled to the deposit.149

Refund of security depositsafter sale of building

When a building is sold, the selling landlordmust do one of two things with the tenants’security deposits. The selling landlord musteither return the security deposits to the tenantsfollowing the sale, or transfer the securitydeposits to the new landlord.150

The selling landlord may deduct amountsfrom the security deposits just as if the tenantshad moved from the rental unit (for example, tocover unpaid rent or damage to the rental). If theselling landlord makes deductions from thesecurity deposits, he or she must return thebalance of the security deposits to the tenants, ortransfer the balance of the security deposits tothe new landlord.

In either case, the selling landlord must senditemized statements to the tenants that account

146 Civil Code Section 1950.5(f).147 Granberry v. Islay Investments (1995) 9 Cal.4th 738,

745 [38 Cal.Rptr.2d 650, 653]. See CaliforniaPractice Guide, Landlord-Tenant, Paragraphs2:783.1-783.6 (Rutter Group 2000).

148 Moskovitz and Warner, California Tenants’ Rights,page 10/4 (NOLO Press 2001).

149 See Granberry v. Islay Investments (1995) 9 Cal.4th 738,749-750 [38 Cal.Rptr.2d 650, 656-657]; Moskovitz andWarner, California Tenants’ Rights, page 10/4 (NOLOPress 2001). In simplest terms, the landlord mustconvince the judge that the damage occurred, and thatthe amount claimed is reasonable and is a properdeduction from the security deposit. The tenant thenmust prove that the landlord’s conduct makes it unfair to

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for any deductions. The accountings must state thereasons for and the amounts of any deductionsfrom each tenant’s security deposit. The sellinglandlord must send the statement to each tenant byfirst class mail, or personally deliver it to eachtenant.

If the selling landlord transfers the securitydeposits to the new landlord, the selling landlordmust notify the tenants of this in writing. Theselling landlord must also notify each tenant ofany amounts deducted from the security deposit,and the reason for each deduction. The writtennotice must also tell the tenant the name, address,and telephone number of the new landlord. Theselling landlord must send this notice to eachtenant by first class mail, or personally deliver itto each tenant.

If the selling landlord fails to return thetenants’ security deposits to the tenants, or fails totransfer them to the new owner, both the newlandlord and the selling landlord are legallyresponsible to the tenants for the security depos-its.151 If the selling landlord and the securitydeposits can’t be found, the new landlord isrequired to refund all security deposits (after anyproper deductions) as tenants move out.

The new landlord can’t charge a new securitydeposit to current tenants simply to make up forsecurity deposits that he or she failed to obtainfrom the selling landlord. But if the securitydeposits have been returned to the tenants, or ifthe new landlord has properly accounted to thetenants for proper deductions taken from thesecurity deposits, the new landlord may legallycollect new security deposits.152 Also, if a tenantcauses damage to the rental unit that costs more torepair than the amount of the security deposit, thelandlord can recover this excess amount from thetenant.153

Can the new landlord increase the amount ofyour security deposit? This depends, in part, onthe type of tenancy that you have. If you have alease, the new landlord can’t increase yoursecurity deposit unless this is specifically allowed

by the lease. For periodic tenants (those rentingmonth-to-month, for example) the new landlordcan increase security deposits only after givingproper advance written notice. In either situation,the total amount of the security deposit after theincrease cannot be more than the legal limit (seepages 16-17).

All of this means that it’s important to keepcopies of your rental agreement and the receiptfor your security deposit. You may need thoserecords to prove that you paid a security deposit,to verify the amount, and to determine whetherthe landlord had a right to make a deduction fromthe deposit.

Legal actions for obtaining refunds ofsecurity deposits

Suppose that your landlord does not returnyour security deposit as required by law, or makesimproper deductions from it. If you cannotsuccessfully work out the problem with yourlandlord, you can file a lawsuit in small claimscourt for the amount of the security deposit pluscourt costs, and possibly also a penalty andinterest, up to a maximum of $5,000. (If yourclaim is for a little more than $5,000, you canwaive (give up) the extra amount and still use thesmall claims court.) For amounts greater than$5,000, you must file in superior court, and youordinarily will need a lawyer in order to effec-tively pursue your case. In such a lawsuit, thelandlord has the burden of proving that his or herdeductions from your security deposit werereasonable.154

If you prove to the court that the landlordacted in “bad faith” in refusing to return yoursecurity deposit, the court can order the landlordto pay you the amount of the improperly withhelddeposit, plus up to $600 as a “bad faith” penalty.The court has the option of awarding a bad faithpenalty in addition to actual damages wheneverthe facts of the case warrant — even if the tenanthas not requested the penalty.155 These additionalamounts can also be recovered if a landlord who

allow the deductions from the deposit (for example,because the landlord waited too long to claim thedamage and the delay harmed the tenant in some way).

150 Civil Code Section 1950.5(g).151 Civil Code Section 1950.5(i). Exception: If the new

landlord acted in the good faith belief that the oldlandlord properly complied with the transfer or refundrequirement, the new landlord is not jointly liable withthe old landlord.

MOVING OUT

152 Civil Code Section 1950.5(i).153 Civil Code Section 1950.5(i).154 Civil Code Section 1950.5(k).155 Civil Code Section 1950.5(k).

38

has purchased your building makes a “bad faith”demand for replacement of security deposits. Thelandlord has the burden of proving the authorityupon which the demand for the security depositswas based.156

Whether you can collect attorney’s fees insuch a suit depends on what is stated in the leaseor rental agreement. If attorney’s fees areprovided for in the lease or rental agreement, youcan claim such fees as part of the judgment, evenif the rental agreement or lease stated that onlythe landlord could claim such fees.157

MOVING AT THE END OF A LEASE

A lease expires automatically at the end ofthe lease term. The tenant is expected either torenew the lease before it expires (with thelandlord’s agreement) or to move out. A leaseusually doesn’t require a tenant to give thelandlord any advance written notice when thelease is about to expire. However, the tenantshould read the lease to see if it has any provi-sions covering what happens at the end ofthe lease.

Before you move, you may want to give thelandlord a courtesy notice stating that you do notwant to renew your lease.

If you continue living in the rental after thelease expires, and if the landlord accepts rentfrom you, your tenancy will be a periodictenancy from that point on. The length of timebetween your rent payments will determine thetype of the tenancy (for example, monthly rentresults in a month-to-month tenancy). Except forthe length of the agreement, all other provisionsof the lease will remain in effect.158

If you don’t move in time, and if the land-lord refuses to accept rent after the lease expires,the landlord can file an eviction lawsuit immedi-ately without giving you any notice (see page42). (This may not be true if you live in a rentcontrol jurisdiction.)

IMPORTANT: If you want to renew your lease,you should begin negotiating with your landlordin plenty of time before the lease expires. Bothyour landlord and you will have to agree to theterms of the new lease. This process may takesome time if one of you wants to negotiatedifferent terms in the new lease.

THE INVENTORY CHECKLIST

At least a week before moving out, youshould arrange a time for you and the landlordto walk through the rental unit and completethe “Condition Upon Departure” portion of theinventory checklist.

Ideally, the walk-through should occurafter you have moved all of your belongingsand have thoroughly cleaned the rental unit.Carefully completing the checklist at this pointwill help identify problem areas, and will helpavoid disagreements after you have moved.For example, you can identify repairs orcleaning that may be needed by comparingitems noted under “Condition Upon Arrival”and “Condition Upon Departure.” Itemsidentified as needing repair or cleaning mayresult in deductions from your security deposit,unless you take care of them yourself or reachan agreement with the landlord. See additionalsuggestions regarding the Inventory Checkliston page 65, and “Refunds of Security Depos-its,” pages 34-36.

TERMINATIONS ANDEVICTIONS

WHEN CAN A LANDLORDTERMINATE A TENANCY?

A landlord can terminate (end) a month-to-month tenancy simply by giving the tenant30 days’ advance written notice. (For anexplanation of month-to-month tenancies, seepages 10-11; for an explanation of 30-daynotices, see pages 32 and 39.)

However, the landlord can terminate thetenancy by giving the tenant only three days’advance written notice if the tenant has doneany of the following:159

• Failed to pay the rent.

• Violated any provision of the lease orrental agreement.

• Materially damaged the rental property(“committed waste”).

• Substantially interfered with the othertenants (“committed a nuisance”).

156 Civil Code Section 1950.5(k).157 Civil Code Section 1717.

158 Civil Code Section 1945, Moskovitzand Warner, California Tenants’Rights, page 9/2 (NOLO Press 2001).

39

• Used the rental property for an unlawfulpurpose.

Three-day notices are explained onpages 39-41.

WRITTEN NOTICES OF TERMINATION

Thirty-day noticeA landlord who wants to terminate (end) a

month-to-month tenancy can do so by properlyserving a written 30-day notice on the tenant.Generally, a 30-day notice doesn’t have to statethe landlord’s reason for ending the tenancy.Thirty-day notices are discussed on pages 32-33,and proper service of notices is discussed on pages41-42.

In some localities or circumstances, specialrules may apply to 30-day notices:

• Some rent control cities require “justcause” for eviction, and the landlord’snotice must state the reason for termination.

• Subsidized housing programs may limitallowable reasons for eviction, and mayrequire that the notice state one of thesereasons (see page 33).

• Some reasons for eviction are unlawful. Forexample, an eviction cannot be retaliatoryor discriminatory (see page 46).

The landlord can give the tenant fewer than30-days’ notice if the rental agreement allows ashorter notice period (see page 12). (This may notbe true in the cities of Los Angeles, Santa Monicaand West Hollywood, where 60 days’ notice maybe required (see page 33).)

How to respond to a thirty-day noticeSuppose that you have been properly served

with a 30-day notice. During the 30-day period,you should either move out or try to make arrange-ments with the landlord to stay. If you want tocontinue occupying the rental unit, ask thelandlord what you need to do so make that pos-sible. While a landlord is not required to state areason for giving a 30-day notice, most landlordsdo have a reason for terminating a tenancy. If youwant to stay, it’s helpful to know what you can doto make your relationship with the landlord abetter one.

If your landlord agrees that you can continueto occupy the rental unit, it’s important that youragreement with the landlord be in writing. Thewritten agreement might be an attachment to yourlease or rental agreement that both the landlordand you sign, or an exchange of letters betweenyou and the landlord that states the details ofyour agreement. Having the agreement in writingensures that you and your landlord are clearabout your future relationship.

If the landlord doesn’t agree to your staying,you will have to move out. You should do so bythe end of the 30 days. Take all of your personalbelongings with you, and leave the rental prop-erty at least as clean as when you rented it. Thiswill help with the refund of your securitydeposit (see “Refunds of Security Deposits,”page 34).

If you have haven’t moved at the end of the30 days, you will be unlawfully occupying therental unit, and the landlord can file an unlawfuldetainer (eviction) lawsuit to evict you.

If you believe that the landlord has actedunlawfully in giving you a 30-day notice, or thatyou have a valid defense to an unlawful detainerlawsuit, you should carefully weigh the pros andcons of contesting the landlord’s likely evictionlawsuit against you if you don’t move out. Aspart of your decision-making process, you maywish to consult with a lawyer, legal aid organiza-tion, tenant-landlord program, or housing clinic.(See “Getting Help From a Third Party,” page47.)

Three-day noticeA landlord can use a written three-day notice

(eviction notice) if the tenant has done any ofthe following:160

• Failed to pay the rent.• Violated any provision of the lease or

rental agreement.• Materially damaged the rental property

(“committed waste”).• Substantially interfered with the other

tenants (“committed a nuisance”).• Used the rental property for an unlawful

purpose, such as selling illegal drugs.

TERMINATIONS AND EVICTIONS

160 Code of Civil Procedure Sections 1161(2)-(4).159 Code of Civil Procedure Sections 1161(2)-(4).

40

If the landlord gives the tenant a three-daynotice because the tenant hasn’t paid the rent, thenotice must accurately state the amount of rentthat is due. In addition, beginning on January 1,2002, the notice must state:

• The name, address and telephone numberof the person to whom the rent must bepaid.

• If payment may be made in person, theusual days and hours that the person isavailable to receive the rent payment. (Ifthe address does not accept personaldeliveries, then you can mail the rent tothe owner at the stated name and address.If you can show proof that you mailed therent to the stated name and address (forexample, a receipt for certified mail), alaw effective on January 1, 2002 assumesthat the rent payment is received by theowner on the date of postmark.)

• Instead, the notice may state the name,street address and account number of thefinancial institution where the rent pay-ment may be made (if the institution iswithin five miles of the unit). If anelectronic fund transfer procedure waspreviously established for paying rent,payment may be made using that proce-dure.161

If the three-day notice is based on one of theother four conditions listed on page 39, the noticemust either describe the tenant’s violation of thelease or rental agreement, or describe the tenant’sother improper conduct. The three-day noticemust be properly served on the tenant (see pages41-42).

Depending on the type of violation, the three-day notice demands either (1) that the tenantcorrect the violation or leave the rental unit, or(2) that the tenant leave the rental unit. If theviolation involves something that the tenant cancorrect (for example, the tenant hasn’t paid therent, or the tenant has a pet but the lease doesn’tpermit pets), the notice must give the tenant theoption to correct the violation.

Failing to pay the rent, and most violationsof the terms of a lease or rental agreement, canbe corrected. In these situations, the three-daynotice must give the tenant the option to correctthe violation. However, the other three condi-tions listed on page 39 cannot be corrected, andthe three-day notice can simply order the tenantto leave at the end of the three days.

If you pay the rent or correct a correctableviolation of the lease or rental agreement duringthe three-day notice period, the tenancy contin-ues.162 If you attempt to pay all the past-due rentdemanded after the three-day period expires, thelandlord can either file a lawsuit to evict you oraccept the rent payment. If the landlord acceptsthe rent, the landlord waives (gives up) the rightto evict you based on late payment of rent.163

See page 41 on how to count the three days.

How to respond to a three-day noticeSuppose that your landlord properly serves

you a three-day notice because you haven’t paidthe rent. You must either pay the full amount ofrent that is due or vacate (leave) the rental unitby the end of the third day, unless you have alegal basis for not paying rent (see pages 26-29).

If you decide to pay the rent that is due, it’sbest to call the landlord immediately. Tell thelandlord that you intend to pay the amountdemanded in the notice (if it is correct) andarrange for a time and location where you candeliver the payment to the landlord or thelandlord’s agent. You must pay the rent by theend of the third day. You should pay the unpaidrent by cashier’s check, money order, or cash.Whatever the form of payment, be sure to get areceipt signed by the landlord or the landlord’sagent that shows the date and the amount of thepayment.

If the amount of rent demanded is notcorrect, it’s essential that you discuss this withthe landlord immediately, and offer to pay theamount that is actually due. Make this offerorally and in writing, and keep a copy of thewritten offer. The landlord’s notice is not legallyeffective if it demands more rent than is actually

161 Code of Civil Procedure Section 1162 2, asamended by Stats. 2001, ch. 729, effective January 1,2002 (SB 985 (Kuehl)).

162 Code of Civil Procedure Section 1161(3).

163 EDC Associates Ltd. v. Gutierrez (1984)153 Cal.App.3d 167 [200 Cal.Rptr. 333].

¶

41

due, or if it includes any charges other than forpast-due rent (for example, late charges, unpaidutility charges, dishonored check fees, or inter-est).164

If the amount of rent demanded is correctand doesn’t include any other charges, and if youdecide not to pay, then you and any other occu-pants should move out promptly.

If you stay beyond the three days withoutpaying the rent that is properly due, you will beoccupying the rental unit unlawfully. The land-lord then has a single, powerful remedy: a courtaction to evict you and recover the unpaid rent(called an “unlawful detainer (eviction) lawsuit”[see page 42]). Your failure to pay the rent and toleave promptly may also become part of yourcredit history, which could affect your ability torent from other landlords.

If the three-day notice is based on somethingother than failure to pay rent, the notice will statewhether you can correct the problem and remainin the rental unit (see pages 39-40). If theproblem can be corrected and you want to stay inthe rental unit, you must correct the problem bythe end of the third day. Once you have correctedthe problem, you should promptly notify thelandlord or the property manager.

Even if the notice does not state that you cancorrect the problem, you can try to persuade thelandlord that you will correct the problem and bea good tenant if the landlord agrees to yourstaying. If the landlord agrees, keep your promiseimmediately. The landlord should then waive(forgive) your violation, and you should be ableto stay in the rental unit. However, in the event ofanother violation, the landlord probably willserve you with another three-day notice, or with athirty-day notice.

If you believe that the landlord has actedunlawfully in giving you a three-day notice, orthat you have a valid defense to an unlawfuldetainer lawsuit, you should carefully weigh thepros and cons of contesting the landlord’s likelyeviction lawsuit against you if you don’t moveout. As part of your decision-making process, youmay wish to consult with a lawyer, legal aidorganization, tenant-landlord program, or housingclinic. (See “Getting Help From a Third Party,”page 47.)

How to count the three daysBegin counting the three days on the first

day after the day the notice was served. If thethird day falls on a Saturday, Sunday, or holiday,the three-day period will not expire until thefollowing Monday or nonholiday.165 (See the nextsection for a discussion of service of the noticeand the beginning of the notice period.)

PROPER SERVICE OF NOTICES

A landlord’s three-day or thirty-day notice toa tenant must be “served” properly to be legallyeffective. The terms “serve” and “service” referto procedures required by the law. These proce-dures are designed to increase the likelihood thatthe person to whom notice is given actuallyreceives the notice.

A landlord can serve a three-day notice onthe tenant in one of three ways: by personalservice, by substituted service, or by posting andmailing. The landlord, the landlord’s agent, oranyone over 18 can serve a notice on a tenant.

• Personal service — To serve you person-ally, the person serving the notice musthand you the notice (or leave it with youif you refuse to take it).166 The three-dayperiod begins the day after you receivethe notice.

• Substituted service on another person —If the landlord can’t find you at home, thelandlord should try to serve you person-ally at work. If the landlord can’t find youat home or at work, the landlord can use“substituted service” instead of servingyou personally.To comply with the rules on substitutedservice, the person serving the notice mustleave the notice with a person of “suitableage and discretion” at your home or workand also mail a copy of the notice to you athome.167 A person of suitable age anddiscretion normally would be an adult atyour home or workplace, or a teenagemember of your household.Service of the notice is legally completewhen both of these steps have beencompleted. The three-day period begins theday after both steps have been completed.

TERMINATIONS AND EVICTIONS

164 Brown and Warner, The CaliforniaLandlord’s Law Book, Vol. I: Rights &Responsibilities, pages 16/2-16/3(NOLO Press 2001).

165 Civil Code Sections 12, 12a.166 Code of Civil Procedure Section 1162(1).167 Code of Civil Procedure Section 1162(2).

42

• Posting and mailing — If the landlordcan’t serve the notice on you personallyor by substituted service, the notice canbe served by taping or tacking a copy tothe rental unit in a conspicuous place(such as the front door of the rental unit)and by mailing a second copy to you atthe rental unit’s address.168 (This servicemethod is commonly called “posting andmailing” or “nailing and mailing.”)Service of the notice is not completeuntil the second copy of the notice hasbeen mailed. The three-day periodbegins the day after the notice wasposted and mailed.169

How to count the three days is explainedon page 41.

A landlord can use any of these methods toserve a thirty-day notice on a tenant, or cansend the notice to the tenant by certified orregistered mail with return receipt requested.170

THE EVICTION PROCESS(UNLAWFUL DETAINER LAWSUIT)

Overview of the eviction processIf the tenant doesn’t voluntarily move out

after the landlord has properly given therequired notice to the tenant, the landlord canevict the tenant. In order to evict the tenant, thelandlord must file an unlawful detainer lawsuitin superior court.

In an eviction lawsuit, the landlord iscalled the “plaintiff” and the tenant is called the“defendant.”

An unlawful detainer lawsuit is a “sum-mary” court procedure. This means that thecourt action moves forward very quickly, andthat the time given the tenant to respond duringthe lawsuit is very short. For example, in mostcases, the tenant has only five days to file awritten response to the lawsuit after beingserved with a copy of the landlord’s com-plaint.171 Normally, a judge will hear and decide

the case within 20 days after the tenant files ananswer.172

The court-administered eviction processassures the tenant of the right to a court hearingif the tenant believes that the landlord has noright to evict the tenant. The landlord must usethis court process to evict the tenant; the land-lord cannot use self-help measures to force thetenant to move. For example, the landlord cannotphysically remove or lock out the tenant, cut offutilities such as water or electricity, removeoutside windows or doors, or seize (take) thetenant’s belongings in order to carry out theeviction. The landlord must use the courtprocedures.

If the landlord uses unlawful methods toevict a tenant, the landlord may be subject toliability for the tenant’s damages, as well aspenalties of up to $100 per day for the time thatthe landlord used the unlawful methods.173

In an unlawful detainer lawsuit, the courtholds a hearing at which the parties can presenttheir evidence and explain their case. If the courtfinds that the tenant has a good defense, thecourt will not evict the tenant. If the courtdecides in favor of the tenant, the tenant will nothave to move, and the landlord may be orderedto pay court costs (for example, the tenant’sfiling fees). The landlord also may have to paythe tenant’s attorney’s fees, if the rental agree-ment or lease contains an attorney’s fee provi-sion and the tenant was represented by anattorney.174

If the court decides in favor of the landlord,the court will issue a writ of possession. Thewrit of possession orders the sheriff to removethe tenant from the rental unit, but gives thetenant five days from the date that the writ isserved to leave voluntarily. If the tenant does notleave by the end of the five-day period, the writof possession authorizes the sheriff to physicallyremove and lock the tenant out, and seize (take)the tenant’s belongings that have been left in therental unit. The landlord is not entitled topossession of the rental unit until after thesheriff has removed the tenant.

168 Code of Civil Procedure Section 1162(3).169 Walters v. Meyers (1990) 226 Cal.App.3d Supp. 15,

19-20 [277 Cal.Rptr. 316, 318-319] (service of a three-day notice is effective from the date the notice ismailed, not from the date the tenant received it).

170 Civil Code Sections 827(a), 1946; Code of CivilProcedure Section 1162.

171 Code of Civil Procedure Section 1167.3.172 Code of Civil Procedure Section 1170.5(a).173 Civil Code Section 789.3.174 Civil Code Section 1717.

43

The court also may award the landlord anyunpaid rent if the eviction is based on the tenant’sfailure to pay rent. The court also may award thelandlord damages, court costs, and attorney’s fees(if the rental agreement or lease contains anattorney’s fee provision). If the court finds that thetenant acted maliciously in not giving up the rentalunit, the court also may award the landlord up to$600 as a penalty.175 The judgment against thetenant will be reported on the tenant’s credit reportfor seven years.176

How to respond to an unlawfuldetainer lawsuit

If you are served with an unlawful detainercomplaint, you should get legal advice or assistanceimmediately. Tenant organizations, tenant-landlordprograms, housing clinics, legal aid organizations,or private attorneys can provide you with advice,and assistance if you need it. (See “Getting HelpFrom a Third Party,” page 47.)

You usually have only five days to respond inwriting to the landlord’s complaint. You mustrespond during this time by filing the correct legaldocument with the Clerk of the court in which thelawsuit was filed. If the fifth day falls on a weekendor holiday, you can file your written response on thefollowing Monday or nonholiday.177 Typically, atenant responds to a landlord’s complaint by filing awritten “answer.” (You can get a copy of a form touse for filing an answer from the Clerk of Court’soffice.)

You may have a legal defense to the landlord’scomplaint. If so, you must state the defense in awritten answer and file your written answer with theClerk of Court by the end of the fifth day. Other-wise, you will lose any defenses that you may have.Some typical defenses that a tenant might have arelisted here as examples:

• The landlord’s three-day notice requestedmore rent than was actually due.

• The rental unit violated the implied war-ranty of habitability.

• The landlord filed the eviction action inretaliation for the tenant exercising a tenantright or because the tenant complained to the

building inspector about the condition ofthe rental unit.

Depending on the facts of your case, thereare other legal responses to the landlord’scomplaint that you might file instead of ananswer. For example, if you believe that yourlandlord did not properly serve the summonsand the complaint, you might file a Motion toQuash Service of Summons. If you believethat the complaint has some technical defect ordoes not properly allege the landlord’s right toevict you, you might file a Demurrer. It isimportant that you obtain advice from a lawyerbefore you attempt to use these procedures.

If you don’t file a written response to thelandlord’s complaint by the end of the fifth day,the court will enter a default judgment in favorof the landlord. A default judgment allows thelandlord to obtain a writ of possession (seepage 45), and may also award the landlordunpaid rent, damages and court costs.

The Clerk of Court will ask you to pay afiling fee when you file your written response.The filing fee typically is between $35 and $85.However, if you can’t afford to pay the filingfee, you can request that the Clerk allow you tofile your response without paying the fee (thatis, you can request a waiver of the fee). Anapplication form for a fee waiver, called an“Application for Waiver of Court Fees andCosts,” can be obtained from the Clerk ofCourt.

After you have filed your written answer tothe landlord’s complaint, the Clerk of Court willmail to both you and the landlord a notice of thetime and place of the trial. If you don’t appearin court, a default judgment will be enteredagainst you.

Eviction of “unnamed occupants”Sometimes, people who are not parties to

the rental agreement or lease move into therental unit with the tenant or after the tenantleaves, but before the unlawful detainer lawsuitis filed. When a landlord thinks that these“occupants” might claim a legal right to possessthe rental unit, the landlord may seek to include

TERMINATIONS AND EVICTIONS

175 Code of Civil Procedure Section 1174(b).176 Civil Code Sections 1785.13(a)(2),(3).

177 Code of Civil Procedure Section 1167.

44

them as defendants in the eviction action, evenif the landlord doesn’t know who they are. Inthis case, the landlord will tell the processserver to serve the occupants with a Prejudg-ment Claim of Right to Possession form at thesame time that the eviction summons andcomplaint are served on the tenants who arenamed defendants.178 See additional discussionof “unnamed occupants” and Claim of Right toPossession forms on pages 52-53.

Appearing in courtBefore appearing in court, you must

carefully prepare your case, just as an attorneywould. Among other things, you should:

• Talk with a housing clinic, tenantorganization, attorney, or legal aidorganization. This will help you under-stand the legal issues in your case andthe evidence that you will need.

• Decide how you will present the factsthat support your side of the case —whether by witnesses, letters, otherdocuments, photographs or video, orother evidence.

• Have at least four copies of all docu-ments that you intend to use as evidence— an original for the judge, a copy forthe opposing party, a copy for yourself,and copies for your witnesses.

• Ask witnesses to testify at the trial, ifthey will help your case. You can sub-poena a witness who will not testifyvoluntarily. A subpoena is an order fromthe court for a witness to appear. Thesubpoena must be served (handed to) thewitness, and can be served by anyone butyou who is over the age of 18. You canobtain a subpoena from the Clerk ofCourt. You must pay witness fees at thetime the subpoena is served on thewitness, if the witness requests them.

The parties to an unlawful detainer lawsuithave the right to a jury trial, and either partycan request one. After you have filed your

answer to the landlord’s complaint, the courtwill send you a document called a Memoran-dum to Set Case for Trial (called an “At-IssueMemorandum” or a “Memo to Set” in somecounties). This document will indicate whetherthe plaintiff (landlord) has requested a jurytrial. If not, and if you are not represented by alawyer, tenant advisers usually recommend thatyou not request a jury trial.

There are several good reasons for thisrecommendation: first, presenting a case to ajury is more complex than presenting a case to ajudge, and a nonlawyer representing himself orherself may find it very difficult; second, theparty requesting a jury trial will be responsiblefor depositing the initial cost of jury fees withthe court; and third, the losing party will haveto pay all of the jury costs.

After the court’s decisionIf the court decides in favor of the tenant,

the tenant will not have to move, and thelandlord may be ordered to pay the tenant’scourt costs (for example, filing fees) and thetenant’s attorney’s fees. However, the tenantwill have to pay any rent that the court orders.

If the landlord wins, the tenant will have tomove. In addition, the court may order thetenant to pay the landlord’s court costs and

178 Code of Civil Procedure Section 415.46.179 Code of Civil Procedure Section 1179.180 California Practice Guide, Landlord-Tenant,

Paragraph 9:432.4 (Rutter Group 1999).181 California Practice Guide, Landlord-Tenant,

Paragraph 9:444 (Rutter Group 1999).

182 Code of Civil Procedure Section 1176.183 Code of Civil Procedure Section 715.010.184 Code of Civil Procedure Section 715.020.

”

If the court decides infavor of the tenant, thetenant will not have to

move ... [but] the tenantwill have to pay any rentthat the court orders. Ifthe landlord wins, the

tenant will have to move.

“

45

attorney’s fees, and any proven damages, such asoverdue rent or the cost of repairs if damage wasdone to the premises.

It is possible, but rare, for a losing tenant toconvince the court to allow the tenant to remain inthe rental unit. This is called relief from forfei-ture of the tenancy. The tenant must convince thecourt of two things in order to obtain relief fromforfeiture: that the eviction would cause the tenantor the tenant’s family severe hardship, and that thetenant is able to pay all of the rent that is due orthat the tenant will fully comply with the lease.179

A tenant cannot obtain relief from forfeiture whenthe term of the tenancy has already expired (forexample, in a month-to-month tenancy).180 Anypetition for relief of forfeiture should be filedimmediately after the court issues its judgment.181

A tenant who loses an unlawful detainerlawsuit may appeal the judgment if the tenantbelieves that the judge mistakenly decided a legalissue in the case. However, the tenant will have tomove before the appeal is heard, unless the tenantfiles a petition for stay of enforcement of thejudgment, or a petition for relief from forfeiture(described immediately above). The court will notgrant the tenant’s request for a stay of enforcementunless the court finds that the tenant or thetenant’s family will suffer extreme hardship, andthat the landlord will not suffer irreparable harm.If the court grants the request for a stay of en-forcement, it will order the tenant to make rentpayments to the court in the amount ordered by thecourt.182

A landlord who loses an unlawful detainerlawsuit also may appeal the judgment.

Writ of possessionIf a judgment is entered against you and

becomes final (for example, if you do not appealor if you lose on appeal), and you do not moveout, the court will issue a writ of possession tothe landlord.183 The landlord can deliver this legaldocument to the sheriff, who will then forciblyevict you from the rental unit if you don’t leavepromptly.

Before evicting you, the sheriff will serveyou with a copy of the writ of possession.184

The writ of possession instructs you that youmust move out by the end of the fifth day afterthe writ is served on you, and that if you do notmove out, the sheriff will remove you from therental unit and place the landlord in possessionof it.185 The cost of serving the writ of posses-sion will be added to the other costs of the suitthat the landlord will collect from you.

After you are served with the writ ofpossession, you have five days to move. If youhave not moved by the end of the fifth day, thesheriff will return and physically remove you.186

If your belongings are still in the rental unit, thesheriff may either remove them or have themstored by the landlord, who can charge youreasonable storage fees. If you do not reclaimthese belongings within 18 days, the landlordcan mail you a notice to pick them up, and thencan either sell them at auction or keep them (iftheir value is less than $300).187 If the sheriffforcibly evicts you, the sheriff’s cost will alsobe added to the judgment, which the landlordcan collect from you.

Setting aside a default judgmentIf the tenant does not file a written response

to the landlord’s complaint, the landlord can askthe court to enter a default judgment againstthe tenant. The tenant then will receive a noticeof judgment and writ of possession, as de-scribed above.

There are many reasons why a tenant mightnot respond to the landlord’s complaint. Forexample, the tenant may have received thesummons and complaint, but was not able torespond because the tenant was ill or incapaci-tated, or for some other very good reason. It iseven possible (but not likely) that the tenantwas never served with the landlord’s summonsand complaint. In situations such as these,where the tenant has a valid reason for notresponding to the landlord’s complaint, thetenant can ask the court to set aside the defaultjudgment.

TERMINATIONS AND EVICTIONS

185 Code of Civil Procedure Section 715.010(b)(2).186 Code of Civil Procedure Section 715.020(c).

187 Code of Civil Procedure Sections 715.030,1174(h); Civil Code Sections 1965, 1988. See theDepartment of Consumer Affairs’ Legal GuidesLT-4, “How to Get Back Possessions You HaveLeft in a Rental Unit,” and LT-5, “Options for aLandlord: When a Tenant’s Personal Propertyhas Been Left in the Rental Unit.”

46

Setting aside a default judgment can be acomplex legal proceeding. The most commonreasons for seeking to set aside a defaultjudgment are the tenant’s (or the tenant’slawyer’s) mistake, inadvertence, surprise, orexcusable neglect.188 A tenant who wants to askthe court to set aside a default judgment mustact promptly. The tenant should be able toshow the court that he or she has a satisfactoryexcuse for the default, acted promptly inmaking the request, and has a good chance towin at trial.189 A tenant who thinks that groundsexist for setting aside a default judgmentshould first seek advice and assistance from alawyer, a legal aid organization, or a tenantorganization.

RETALIATORY ACTIONS, EVICTIONS ANDDISCRIMINATION

Retaliatory actions and evictionsA landlord may try to evict a tenant

because the tenant has exercised a legal right(for example, using the repair and deductremedy, page 26) or has complained about aproblem in the rental unit. Or, the landlord mayraise the tenant’s rent or otherwise seek topunish the tenant for complaining or lawfullyexercising a tenant right.

In either situation, the landlord’s action issaid to be retaliatory because the landlord ispunishing the tenant for the tenant’s exercise ofa legal right. The law offers tenants protectionfrom retaliatory eviction and other retaliatoryacts.190

The law infers (assumes) that the landlordhas a retaliatory motive if the landlord seeks toevict the tenant (or takes other retaliatoryaction) within six months after the tenant hasexercised any of the following tenant rights:191

• Using the repair and deduct remedy, ortelling the landlord that the tenant willuse the repair and deduct remedy.

• Complaining about the condition of therental unit to the landlord, or to an

appropriate public agency after givingthe landlord notice.

• Filing a lawsuit or beginning arbitrationbased on the condition of the rental unit.

• Causing an appropriate public agency toinspect the rental unit or to issue acitation to the landlord.

In order for the tenant to defend againsteviction on the basis of retaliation, the tenantmust prove that he or she exercised one or moreof these rights within the six-month period, thatthe tenant’s rent is current, and that the tenanthas not used the defense of retaliation morethan once in the past 12 months. If the tenantproduces all of this evidence, then the landlordmust produce evidence that he or she did nothave a retaliatory motive.192 If both sidesproduce the necessary evidence, the judge orjury then must decide whether the landlord’saction was retaliatory or was based on a validreason.

A tenant can also assert retaliation as adefense to eviction if the tenant has lawfullyorganized or participated in a tenants’ organiza-tion or protest, or has lawfully exercised anyother legal right. In these circumstances, thetenant must prove that he or she engaged in theprotected activity, and that the landlord’sconduct was retaliatory.193

If you feel that your landlord has retaliatedagainst you because of an action that you’veproperly taken against your landlord, talk withan attorney or legal aid organization. Anattorney also may be able to advise you aboutother defenses.

Retaliatory discriminationA landlord, managing agent, real estate

broker, or salesperson violates California’s FairEmployment and Housing Act by harassing,evicting, or otherwise discriminating against aperson in the sale or renting of housing whenthe “dominant purpose” is to retaliate against aperson who has done any of the following:194

188 Code of Civil Procedure Section 473(b). SeeMoskovitz, California Eviction DefenseManual, Section 12.12 (Cal. Cont. Ed. Bar2001).

189 Moskovitz, California Eviction DefenseManual, Sections 12.15, 12.16 (Cal. Cont.Ed. Bar 2001).

190 Civil Code Section 1942.5.191 Civil Code Section 1942.5.192 Civil Code Sections 1945.2 (a),(b); see California

Practice Guide, Landlord-Tenant, Paragraphs 7:368-7:380 (Rutter Group 1999).

47

• Opposed practices that are unlawful underthe Act;

• Informed law enforcement officials ofpractices that the person believes areunlawful under the Act; or

• Aided or encouraged a person to exerciserights protected by the Act.

A tenant who can prove that the landlord’seviction action is based on a discriminatorymotive has a defense to the unlawful detaineraction. A tenant who is the victim of retaliatorydiscrimination also has a cause of action fordamages under the Fair Employment and Hous-ing Act.195

RESOLVING PROBLEMS

TALK WITH YOUR LANDLORD

Communication is the key to avoiding andresolving problems. If you have a problem withyour rental unit, it’s usually best to talk withyour landlord before taking other action. Yourlandlord may be willing to correct the problemor to work out a solution. By the same token, thelandlord (or the landlord’s agent or manager)should discuss problems with the tenant beforetaking formal action. The tenant may be willingto correct the problem once he or she under-stands the landlord’s concerns. Both partiesshould bear in mind that each has the duty todeal with the other fairly and in good faith (seepage 15).

If discussing the problem with the landlorddoesn’t solve it, and if the problem is thelandlord’s responsibility (see pages 23-25), youshould write a letter to the landlord. The lettershould describe the problem, its effect on you,how long the problem has existed, what you mayhave done to remedy the problem or limit itseffect, and what you would like the landlord todo. You should keep a copy of this letter.

If you have been dealing with an agent of thelandlord, such as a property manager, you maywant to directly contact the owner of the rentalunit. The name, address and telephone number ofthe owner and the property manager, or theperson who is authorized to receive legal notices

for the owner, must be written in your rentalagreement (or lease) or posted conspicuously inthe building.196 You can also contact your CountyAssessor’s Office for this information.

If you don’t hear from the landlord after yousend the letter, or if the landlord disagrees withyour complaint, you may need to use one of thetenant remedies that are discussed in this booklet(such as the repair and deduct remedy, page26), or obtain legal assistance. The length of timethat you should wait for the landlord to actdepends on the seriousness of the problem.Normally, 30 days is considered appropriateunless the problem is extremely serious.

REMEMBER: The landlord and the tenantdiscussing problems with each other can preventlittle problems from becoming big ones. Trying towork out problems benefits everybody. Some-times, it’s helpful to involve someone else, suchas a mutual friend or a trained arbitrator ormediator (see page 48). If the problem trulycannot be resolved by discussion, negotiation,and acceptable compromise, then each party canlook to the remedies provided by the law.

GETTING HELP FROM A THIRD PARTY

Many resources are available to help tenantsand landlords resolve problems. Check which ofthe following agencies are available in your area,and call or write them for information or assis-tance:

• Local consumer protection agency. See theCity and County Government listings inthe phone book.

• Local housing agency. See the City andCounty Government listings in the phonebook.

• Local district attorney’s office. See theCounty Government listings in the phonebook.

• City or county rent control board. See theCity and County Government listings inthe phone book.

• Local tenant association, or rental housingor apartment association. Check the white(business) and yellow pages in the phonebook.

RESOLVING PROBLEMS

193 Civil Code Section 1942.5(c).194 Government Code Sections 12955(f), 12955.7.195 California Practice Guide, Landlord-Tenant, Para-

graphs 7:205, 7:391-7:394 (Rutter Group 2000).

196 Civil Code Sections 1961, 1962, 1962.5.

48

• Local dispute resolution program. Toorder a county-by-county list, seepage 59.

• Local tenant information and assistanceresources. See list on page 53.

You may also obtain information fromthe California Department of ConsumerAffairs’ Consumer Information Center at1-800-952-5210 (1-916-445-1254 for Sacra-mento area calls). For TDD, call 1-800-326-2297 (1-916-322-1700 for Sacramento-areacalls). You can also visit the Department ofConsumer Affairs’ Web site at www.dca.ca.gov.

Many county bar associations offer lawyerreferral services and volunteer attorney pro-grams which can help a tenant locate a low-feeor free attorney. Legal aid organizations mayprovide eviction defense service to low-incometenants. Some law schools offer free advice andassistance through landlord-tenant clinics.

Tenants should be cautious about usingso-called eviction defense clinics or bankruptcyclinics. While some of these clinics may belegitimate and provide good service, others arenot legitimate. Some of these clinics may usehigh-pressure sales tactics, make false promises,obtain your signature on blank forms, take yourmoney, and then do nothing.

These clinics may promise to get a federalstay of an eviction action. This usually meansthat the clinic intends to file a bankruptcypetition for the tenant. While this may stop theeviction temporarily, it can have an extremelybad effect on the tenant’s future ability to rentproperty or to obtain credit, since the bank-ruptcy will be part of the tenant’s credit recordfor as long as 10 years.

“Unlawful detainer assistants” are non-lawyers who are in business to provide adviceand assistance to landlords and tenants onunlawful detainer issues. Unlawful detainerassistants (UDAs) must be registered with theCounty Clerk’s office in the counties where theyhave their principal place of business and where

they do business.197 The fact that a UDA isproperly registered with the County Clerk doesnot assure you that he or she is any more knowl-edgeable or competent than a person who is notregistered. A tenant who signs a contract with aUDA can cancel the contract within 24 hoursafter signing it.198

“Legal document assistants” are non-lawyerswho type and file legal documents as directed bypeople who are representing themselves in legalmatters. Similar registration and contract cancel-lation requirements apply to legal documentassistants.199

ARBITRATION AND MEDIATION

Some local housing agencies refer landlord-tenant disputes to a local dispute resolutioncenter or mediation service. The goal of theseservices is to resolve disputes without the burdenand expense of going to court.

Mediation involves assistance from animpartial third person who helps the tenant andlandlord reach a voluntary agreement on how tosettle the dispute. The mediator normally doesnot make a binding decision in the case.

Arbitration involves referral of the disputeto an impartial third person, called an arbitrator,who decides the case. If the landlord and tenantagree to submit their dispute to arbitration, theywill be bound by the decision of the arbitrator,unless they agree to nonbinding arbitration.

Tenants and landlords should always con-sider resolving their disputes by mediation orarbitration instead of a lawsuit. Mediation isalmost always faster, cheaper, and less stressfulthan going to court. While arbitration is moreformal than mediation, arbitration can be faster,and is usually less stressful and burdensome, thana court action.

Mediation services are listed in the yellowpages of the telephone book under MediationServices. To obtain a county-by-county listing ofdispute resolution services, see page 59.

197 Business and Professions Code Sections6400-6415.

198 Business and Professions Code Section6410(e). The contents of the UDA’s contractare governed by regulation. See 16 Califor-nia Code of Regulations, Section 3890.

199 Business and Professions Code Sections 6400-6415. The contents of the legal documentassistant’s contract for self-help services aregoverned by regulation. See 16 California Codeof Regulations, Section 3950.

49

GLOSSARY[All words in boldface type are explained in

this Glossary. The number at the end of eachexplanation refers to the page in the text wherethe term is discussed.]

abandon/abandonment — the tenant’sremedy of moving out of a rental unit that isuninhabitable and that the landlord has notrepaired within a reasonable time after receivingnotice of the defects from the tenant. (26)

appeal — a request to a higher court toreview a lower court’s decision in a lawsuit. (45)

Application for Waiver of Court Fees andCosts — a form that tenants may complete andgive to the Clerk of Court to request permissionto file court documents without paying the courtfiling fee. (43)

arbitration — using a neutral third personto resolve a dispute instead of going to court.Unless the parties have agreed otherwise, theparties must follow the arbitrator’s decision.(48)

arbitrator — a neutral third person, agreedto by the parties to a dispute, who hears anddecides the dispute. An arbitrator is not a judge,but the parties must follow the arbitrator’sdecision (the decision is said to be “binding” onthe parties). (See arbitration.) (48)

assign/assignment — an agreement be-tween the original tenant and a new tenant bywhich the new tenant takes over the lease of arental unit and becomes responsible to thelandlord for everything that the original tenantwas responsible for. The original tenant is stillresponsible to the landlord if the new tenantdoesn’t live up to the lease obligations. (Compareto sublease.) (22)

California Department of Fair Employ-ment and Housing — the state agency thatinvestigates complaints of unlawful discrimina-tion in housing and employment. (10)

Claim of Right to Possession — a formthat the occupants of a rental unit can fill out totemporarily stop their eviction by the sheriffafter the landlord has won an unlawful detainer(eviction) lawsuit. The occupants can use thisform only if the landlord did not serve a Pre-judgment Claim of Right to Possession formwith the summons and complaint; the occupantswere not named in the writ of possession; andthe occupants have lived in the rental unit sincebefore the unlawful detainer lawsuit was filed.(52)

credit report — a report prepared by a creditreporting service that describes a person’s credithistory for the last seven years (except for bankrupt-cies, which are reported for 10 years). A creditreport shows, for example, whether the person payshis or her bills on time, has delinquent or charged-off accounts, has been sued, and is subject to courtjudgments. (6)

credit reporting agency — a business thatkeeps records of people’s credit histories, and thatreports credit history information to prospectivecreditors (including landlords). (6)

default — a tenant’s failure to do somethingthat the law requires the tenant to do. For example,the law requires a tenant to pay all of the rent that isdue before the tenant moves out. A tenant whomoves out without paying all of the rent that is dueis in default of this obligation. (16)

default judgment — a judgment issued by thecourt, without a hearing, after the tenanthas failed to file a response to the landlord’s com-plaint. (43)

Demurrer — a legal response that a tenant canfile in an unlawful detainer lawsuit to test the legalsufficiency of the charges made in the landlord’scomplaint. (43)

discrimination (in renting) — denying a personhousing, telling a person that housing is not avail-able (when the housing is actually available at thattime), providing housing under inferior terms,harassing a person in connection with housingaccommodations, or providing segregated housingbecause of a person’s race, color, religion, sex,sexual orientation, national origin, ancestry, sourceof income, age, disability, whether the person ismarried, or whether there are children under the ageof 18 in the person’s household. Discrimination alsocan be refusal to make reasonable accommodationfor a person with a disability. (8)

escrow account — a bank account into which atenant deposits withheld rent, to be withdrawn onlywhen the landlord has corrected uninhabitableconditions in the rental unit or when the tenant isordered by a court to pay withheld rent to thelandlord. (29)

eviction — a court-administered proceeding forremoving a tenant from a rental unit because thetenant has violated the rental agreement or did notcomply with a notice ending the tenancy (also calledan “unlawful detainer” lawsuit). (39)

eviction notice (or three-day notice) — athree-day notice that the landlord serves on thetenant when the tenant has violated the lease or

GLOSSARY

50

rental agreement. The three-day notice usuallyinstructs the tenant to either leave the rental unitor comply with the lease or rental agreement (forexample, by paying past-due rent) within thethree-day period. (19, 39)

fair housing organizations — city or countyorganizations that help renters resolve housingdiscrimination problems. (10)

federal stay — an order of a federalbankruptcy court that temporarily stopsproceedings in a state court, including aneviction proceeding. (48)

guest — a person who does not have therights of a tenant, such as a person who stays ina transient hotel for fewer than seven days. (2)

habitable — a rental unit that is fit forhuman beings to live in. A rental unit that substan-tially complies with building and safety codestandards that materially affect tenants’ health andsafety is said to be “habitable.” See uninhabit-able and implied warranty of habitability. (23)

holding deposit — a deposit that a tenantgives to a landlord to hold a rental unit until thetenant pays the first month’s rent and the securitydeposit. (8)

implied warranty of habitability — a legalrule that requires landlords to maintain theirrental units in a condition fit for human beings tolive in. The basic minimum requirements for arental unit to be habitable are listed on page 23.In addition, a rental unit must substantiallycomply with building and housing code standardsthat materially affect tenants’ health and safety.(23-25)

item of information — information in acredit report that causes a creditor to deny creditor take other adverse action against an applicant(such as refusing to rent a rental unit to theapplicant). (7)

landlord — a business or person who owns arental unit, and who rents or leases the rental unitto another person, called a tenant. (2)

lease — a rental agreement, usually inwriting, that establishes all the terms of theagreement and that lasts for a predeterminedlength of time (for example, six months or oneyear). Compare to periodic rental agreement.(11)

legal aid organizations — organizations thatprovide free legal advice, representation, andother legal services in noncriminal cases toeconomically disadvantaged persons. (10, 47, 53)

lockout — when a landlord locks a tenantout of the rental unit with the intent of terminat-ing the tenancy. Lockouts, and all other self-helpeviction remedies, are illegal. (42)

lodger — a person who lives in a room in ahouse where the owner lives. The owner canenter all areas occupied by the lodger, and hasoverall control of the house. (3)

mediation — a process in which a neutralthird person meets with the parties to a dispute inorder to assist them in formulating a voluntarysolution to the dispute. (48)

Memorandum to Set Case for Trial — acourt document that notifies the parties in anunlawful detainer lawsuit that the case has beenset for trial. This document also states whetherthe plaintiff (the landlord) has requested a jurytrial. (44)

Motion to Quash Service of Summons — alegal response that a tenant can file in an unlaw-ful detainer lawsuit if the tenant believes thatthe landlord did not properly serve the summonsand complaint. (43)

negligence — a person’s carelessness (thatis, failure to use ordinary or reasonable care) thatresults in injury to another person or damage toanother person’s property. (17)

novation — in an assignment situation, anovation is an agreement by the landlord, theoriginal tenant, and the new tenant that makes thenew tenant (rather than the original tenant) solelyresponsible to the landlord. (23)

periodic rental agreement — an oral orwritten rental agreement that states the length oftime between rent payments — for example, aweek or a month — but not the total number ofweeks or months that the agreement will be ineffect. (10)

Prejudgment Claim of Right to Possession— a form that a landlord in an unlawful de-tainer (eviction) lawsuit can have served alongwith the summons and complaint on all personsliving in the rental unit who might claim to betenants, but whose names the landlord does notknow. Occupants who are not named in theunlawful detainer complaint, but who claim aright to possess the rental unit, can fill out and filethis form to become parties to the unlawfuldetainer action. (52)

prepaid rental listing services — busi-nesses that sell lists of available rental units. (4)

relief from forfeiture — an order by a courtin an unlawful detainer (eviction) lawsuit that

51

allows the losing tenant to remain in the rentalunit, based on the tenant’s convincing the courtthat he or she is able to pay all of the rent thatis due, or to otherwise fully comply with thelease. (45)

rent control ordinances — laws in somecommunities that limit or prohibit rent increases,or that limit the circumstances in which a tenantcan be evicted. (18)

rent withholding — the tenant’s remedy ofnot paying some or all of the rent if the landlorddoes not fix defects that make the rental unituninhabitable within a reasonable time after thelandlord receives notice of the defects from thetenant. (27)

rental agreement — an oral or writtenagreement between a tenant and a landlord, madebefore the tenant moves in, which establishes theterms of the tenancy, such as the amount of the rentand when it is due. See lease and periodic rentalagreement. (10)

rental application form — a form that alandlord may ask a tenant to fill out prior torenting that requests information about the tenant,such as the tenant’s address, telephone number,employment history, credit references, and the like.(6)

rental period — the length of time betweenrental payments; for example, a week or a month.(18)

rental unit — an apartment, house, duplex, orcondominium that a landlord rents to a tenant tolive in. (2)

renter’s insurance — insurance protecting thetenant against property losses, such as losses fromtheft or fire. This insurance usually also protectsthe tenant against liability (legal responsibility) forclaims or lawsuits filed by the landlord or byothers alleging that the tenant negligently injuredanother person or property. (17)

repair and deduct remedy — the tenant’sremedy of deducting from future rent the amountnecessary to repair defects covered by the impliedwarranty of habitability. The amount deductedcannot be more than one month’s rent. (26)

retaliatory eviction or action — an act by alandlord, such as raising a tenant’s rent, seeking toevict a tenant, or otherwise punishing a tenantbecause the tenant has used the repair and deductremedy or the rent withholding remedy, or hasasserted other tenant rights. (46)

security deposit — a deposit or a fee that thelandlord requires the tenant to pay at the begin-ning of the tenancy to protect the landlord if thetenant defaults, for example, by moving out owingrent or leaving the unit damaged or less clean thanwhen the tenant moved in. (16)

serve/service — legal requirements andprocedures that seek to assure that the personto whom a legal notice is directed actuallyreceives it. (40)

sublease — a separate rental agreementbetween the original tenant and a new tenantto whom the original tenant rents all or partof the rental unit. The new tenant is called a“subtenant.” The agreement between the originaltenant and the landlord remains in force, and theoriginal tenant continues to be responsible forpaying the rent to the landlord and for other tenantobligations. (Compare to assignment.) (22)

subpoena — an order from the court thatrequires the recipient to appear as a witness orprovide evidence in a court proceeding. (44)

subtenant — see sublease.

tenancy — the tenant’s exclusive right,created by a rental agreement between thelandlord and the tenant, to use and possess thelandlord’s rental unit. (11)

tenant — a person who rents or leases arental unit from a landlord. The tenant obtainsthe right to the exclusive use and possession ofthe rental unit during the lease or rental period.(2)

tenant screening service — a business thatcollects and sells information on tenants, such aswhether they pay their rent on time and whetherthey have been defendants in unlawful detainerlawsuits. (6)

three-day notice — see eviction notice.

thirty-day notice — a written notice from alandlord to a tenant telling the tenant that thetenancy will end in 30 days. A thirty-day noticeusually does not have to state the landlord’sreason for ending the tenancy. (32-39)

uninhabitable — a rental unit which hassuch serious problems or defects that the tenant’shealth or safety is affected is “uninhabitable.” Arental unit may be uninhabitable if it is not fit forhuman beings to live in, or if it fails to substan-tially comply with building and safety codestandards that materially affect tenants’ health andsafety. (Compare to habitable.) (23)

GLOSSARY

52

unlawful detainer lawsuit — a lawsuit that alandlord must file and win before he or shecan evict a tenant (also called an “eviction”lawsuit). (39, 42)

U.S. Department of Housing and UrbanDevelopment — the federal agency that enforcesthe federal fair housing law, which prohibitsdiscrimination based on sex, race, religion, nationalor ethnic origin, familial status, or mental handicap.(10)

waive — to sign a written document (awaiver”) giving up a right, claim, privilege, etc. Inorder for a waiver to be effective, the person givingthe waiver must do so knowingly, and must knowthe right, claim, privilege, etc. that he or she isgiving up. (37)

writ of possession — a document issued by thecourt after the landlord wins an unlawful detainer(eviction) lawsuit. The writ of possession is servedon the tenant by the sheriff. The writ informs thetenant that the tenant must leave the rental unit bythe end of five days, or the sheriff will forciblyremove the tenant. (45)

APPENDIX 1 — OCCUPANTSNOT NAMED IN EVICTION

LAWSUIT OR WRIT OFPOSSESSION

OCCUPANTS NOT NAMED INEVICTION LAWSUIT

People who are not named as tenants in therental agreement or lease sometimes move into arental unit before the landlord files the unlawfuldetainer (eviction) lawsuit. The landlord may notknow that these people (called “occupants”) areliving in the rental unit, and therefore may notname them as defendants in the summons andcomplaint. As a result, these occupants are notnamed in the writ of possession if the landlordwins the unlawful detainer action. A sheriff enforc-ing the writ of possession cannot lawfully evict anoccupant whose name does not appear on the writof possession and who claims to have lived in theunit since before the unlawful detainer lawsuit wasfiled. (See “Writ of possession,” page 45.)

The landlord can take steps to avoid thisresult. The landlord can instruct the processserver who serves the summons and complainton the named defendants to ask whether there areother occupants living in the unit who have notbeen named as defendants. If there are, the personserving the summons and complaint can serve eachof the so-called “unnamed occupants” with a blankPrejudgment Claim of Right to Possession formand an extra copy of the summons and com-plaint.200

These occupants then have 10 days from thedate they are served to file a Prejudgment Claim ofRight to Possession form with the Clerk of Court,and to pay the clerk the required filing fee (or filean “Application for Waiver of Court Fees andCosts” if they are unable to pay the filing fee).Any unnamed occupant who does not file aPrejudgment Claim of Right to Possession formwith the Clerk of Court (along with the filing feeor a request for waiver of the fee) can then beevicted.

An unnamed occupant who files a PrejudgmentClaim of Right to Possession form automaticallybecomes a defendant in the unlawful detainerlawsuit, and must file an answer to the complaintwithin five days after filing the form. The courtthen rules on the occupant’s defense to the evictionalong with the defenses of the other defendants.201

If the landlord wins, the occupant cannot delay theeviction, whether or not the occupant is named inthe writ of possession issued by the court.202

OCCUPANTS NOT NAMED INWRIT OF POSSESSION

The landlord sometimes does not serve aPrejudgment Claim of Right to Possession form onthe unnamed occupants when the unlawful detainercomplaint is served. When the sheriff arrives toenforce the writ of possession (that is, to evict thetenants [see “Writ of possession,” page 45]), anoccupant whose name does not appear on the writof possession, and who claims a right of posses-sion, may fill out a Claim of Right to Possessionform and give it to the sheriff. The sheriff mustthen stop the eviction of the occupant, and mustgive the occupant a copy of the completed form ora receipt for it.203

201 Code of Civil Procedure Section 1174.25.202 Code of Civil Procedure Section 415.46.203 Code of Civil Procedure Section 1174.3.

200 Code of Civil Procedure Section 415.46.

53

Within two business days after completing theform and giving it to the sheriff, the occupant mustdeliver to the Clerk of Court the court’s filing fee(or file an “Application for Waiver of Court Feesand Costs” if the occupant is unable to pay thefiling fee). The occupant also should deliver to thecourt an amount equal to 15 days’ rent for therental unit (the writ of possession must state thedaily rental value of the rental unit).

Five to fifteen days after the occupant haspaid the filing fee (or has filed a request forwaiver of the fee), and has deposited an amountequal to 15 days’ rent, the court will hold ahearing. If the occupant does not deposit the15 days’ rent, the court will hold the hearingwithin 5 days.

At the hearing, the court will decide whetheror not the occupant has a valid claim to posses-sion. If the court decides that the occupant’s claimto possession is valid, the amount of rent depos-ited will be returned to the occupant. The courtwill then order further proceedings, as appropriateto the case (for example, the occupant may begiven five days to answer the landlord’s com-plaint).

If the court finds that the occupant’s claim topossession is not valid, an amount equal to thedaily rent for each day the eviction was delayedwill be subtracted from the rent that is returned tothe occupant, and the sheriff or marshal willcontinue with the eviction.204

APPENDIX 2 — LIST OF CITIESWITH RENT CONTROL205

BerkeleyBeverly HillsCampbellEast Palo AltoFremontHaywardLos AngelesLos Gatos

APPENDIX 3 — TENANTINFORMATION AND

ASSISTANCE RESOURCES[This listing (updated periodically) is available

through the Department of Consumer Affairs’ Website at www.dca.ca.gov.]

ALAMEDA COUNTY

Bay Area Legal AidAlameda County Regional Office405 14th Street, 11th FloorOakland, CA 94612(510) 663-4744Berkeley Rent Stabilization Board2125 Milvia StreetBerkeley, CA 94704(510) 644-6128City of Fremont - Office of Neighborhoods39550 Liberty Street, Second FloorFremont, CA 94538(510) 494-4511(510) 494-4500Department of Fair Employment and Housing1515 Clay Street, Suite 701Oakland, CA 94612(510) 622-2945(800) 233-3212

Eden Council for Hope and Opportunity, Inc.(ECHO)770 A StreetHayward, CA 94541(510) 581-9380Livermore (925) 449-7340Fremont Fair Housing(housing discrimination only)39155 Liberty St.Fremont, CA 94538(510) 574-2270

Housing Rights, Inc.2718 Telegraph Street, No. 100Berkeley, CA 94704(510) 548-8776(northern Alameda County)

Law Center for Families22531 Watkins StreetHayward, CA 94541(510) 538-6507

TENANT INFORMATION AND ASSISTANCE

204 Code of Civil Procedure Section 1174.3. 205 See Brown and Warner, The California Landlord’sLaw Book, Vol. I: Rights & Responsibilities,Appendix B (NOLO Press 2001) for descriptions ofrent control ordinances and finding aides.

OaklandPalm SpringsSan FranciscoSan JoseSanta MonicaThousand OaksWest Hollywood

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BUTTE COUNTY

Community Legal Information CenterWest 2nd & Cherry StreetChico, CA 95929(530) 898-4354Legal Services of Northern CaliforniaButte Regional Office541 Normal AvenueChico, CA 95929(530) 345-9491

CONTRA COSTA COUNTYBay Area Legal AidContra Costa Regional Office1017 MacDonald AvenueRichmond, CA 94801(510) 233-9954Bay Area Legal AidPittsburg Office1901 Railroad Avenue, Suite DPittsburg, CA 94565(925) 432-1123Housing Rights, Inc.2718 Telegraph Street, No. 100Berkeley, CA 94704(510) 548-8776(except Pittsburg)Pacific Community Services329 Railroad AvenuePittsburg, CA 94565(925) 439-1056Shelter, Inc.1815 Arnold DriveMartinez, CA 94553(925) 335-0698

DEL NORTE COUNTY(SEE HUMBOLDT COUNTY)

FRESNO COUNTYCalifornia Rural Legal AssistanceFresno Regional Office2115 Kern Street, Suite 370Fresno, CA 93721(559) 441-8721Central California Legal Services2014 Tulare Street, Suite 600Fresno, CA 93721(800) 675-8001Centro La Familia de Fresno2014 Tulare AvenueFresno, CA 93721(559) 237-8530

HUMBOLDT COUNTYLegal Services of Northern California123 Third StreetEureka , CA 95501(707) 445-0866

IMPERIAL COUNTYCalifornia Rural Legal AssistanceEl Centro Regional Office449 BroadwayEl Centro, CA 92243(760) 353-0220

KERN COUNTYCalifornia Rural Legal AssistanceDelano Regional Office629 Main StreetDelano, CA 93215(661) 725-4350City of Bakersfield Fair Housing Division515 Truxton Avenue(moving to 900 Truxton Avenue in August 2002)Bakersfield, CA 93301(661) 634-9245(City of Bakersfield only)Kern County Fair Housing Division2700 M Street, Suite 250Bakersfield, CA 93301(661) 862-5299(800) 552-5376

LOS ANGELES COUNTY

Bet Tzedek Legal Services145 South Fairfax Avenue, No. 200Los Angeles, CA 90036(323) 939-0506Citizens of Inglewood Tenant Association6824 La Tijera BoulevardLos Angeles, CA 90045(310) 677-7294Coalition for Economic Survival1296 N. Fairfax AvenueLos Angeles, CA 90046(323) 656-4410Tenants’ Rights Clinic (Wed 7 p.m., Sat 10 a.m.)Plummer Park Community Building7377 Santa Monica BoulevardWest Hollywood, CA 90046Consumer Affairs Protection Unitand Fair Housing1685 Main Street, Room 310Santa Monica, CA 90401(310) 458-8336Fair Housing Council of the San FernandoValley8134 Van Nuys Boulevard, Suite 206Panorama City, CA 91402(818) 373-1185Legal Aid Foundation of Los Angeles200 Pine Avenue, #240Long Beach, CA 90802(213) 640-3881(800) 446-3247Long Beach Fair Housing Foundation200 Pine Avenue, Suite 240Long Beach, CA 90802(562) 901-0808(800) 446-3247

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Los Angeles CountyDepartment of Consumer Affairs500 West Temple Street, Room B-96Los Angeles, CA 90012-2706(213) 974-1452 (24-hr recorded info.)

Los Angeles County Department of ConsumerAffairs–East Los Angeles Service Center133 North Sunol DriveLos Angeles, CA 90063(323) 260-2893 (Mon 8-4:30, Thurs 8-4:30)

Los Angeles County Department of ConsumerAffairs–Florence Firestone Service Center7807 South Compton AvenueLos Angeles, CA 90001(323) 586-6508 (Mon 8-4:30, Wed 8-4:30)Los Angeles County Department of ConsumerAffairs–Lancaster Public Library601 West Lancaster BoulevardLancaster, CA 93534(661) 726-7550 (Fri 10-3:30)Los Angeles County Department of ConsumerAffairs–San Gabriel Service Center3017 Tyler AvenueEl Monte, CA 91731(626) 575-5425 (Mon 8-4:30, Fri 8-4:30)Los Angeles County Department of ConsumerAffairs–South Bay/Lomita Center24340 South Narbonne AvenueLomita, CA 90717(310) 325-1035 (Tues 8-4:30, Thurs 8-4:30)Los Angeles County Department of ConsumerAffairs–Valencia/Court House23747 West Valencia BoulevardValencia, CA 91355(661) 253-7328 (Wed 8:30-4:30)Los Angeles County Department of ConsumerAffairs–San Fernando Valley Office14340 Sylvan StreetVan Nuys, CA 91411(818) 901-3829 (Tues 8-4:30, Wed 8-4:30)San Fernando ValleyNeighborhood Legal Services Program13327 Van Nuys BoulevardPacoima, CA 91331(818) 896-5211San Gabriel Valley Fair Housing Council1020 North Fair Oaks AvenuePasadena, CA 91103(626) 791-0211(800) 346-2883Santa Monica Rent Control Board1685 Main Street, No. 202Santa Monica, CA 90401(310) 458-8751Culver City Housing Agency(Contracts w/ Housing Rights Center. See next entry.)

Housing Rights Center2501Wilshire Boulevard, 2nd FloorLos Angeles, CA 90057(888) 345-9342 (800) 346-2883

MADERA COUNTY

California Rural Legal AssistanceMadera Regional Office117 South Lake StreetMadera, CA 93638(559) 674-5671

MARIN COUNTY

Fair Housing Program of Marin County615 B StreetSan Rafael, CA 94901(415) 457-5025

Marin Mediation Services4 Jeanette Prandi WaySan Rafael, CA 94903(415) 499-7454

MERCED COUNTY

Central California Legal Services357 West Main Street, Suite 201Merced, CA 95340(209) 723-5466(800) 464-3111

MONTEREY COUNTY

California Rural Legal AssistanceSalinas Regional Office3 Williams RoadSalinas, CA 93905(831) 757-5221

Conflict Resolution/Mediation Center ofMonterey County1900 Garden Road, Suite 110Monterey, CA 93940(831) 649-6219From Slainas: (831) 424-4694

NAPA COUNTY

Napa County Rental Informationand Mediation Services1714 Jefferson StreetNapa, CA 94559(707) 253-2700

NORTHERN CALIFORNIA COUNTIES

Senior Legal HotlineFree telephone advice to persons over 60(without regard to income) in the followingcounties: Alameda, Alpine, Amador, Butte,Calaveras, Colusa, Contra Costa, Del Norte, ElDorado, Glenn, Humboldt, Lake, Lassen,Marin, Mariposa, Merced, Mendocino, Modoc,Napa, Nevada, Placer, Plumas, Sacramento, SanBenito, San Francisco, San Joaquin, San Mateo,Santa Clara, Santa Cruz, Shasta, Sierra,Siskiyou, Solano, Sonoma, Stanislaus, Sutter,Tehama, Trinity, Tuolumme, Yolo, Yuba(800) 222-1753(916) 551-2140 in Sacramento

TENANT INFORMATION AND ASSISTANCE

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ORANGE COUNTY

Fair Housing Council of Orange County1666 North Main Street, Suite 500Santa Ana, CA 92701(714) 569-0823

Legal Aid Society of Orange County902 North Main StreetSanta Ana, CA 92701(714) 571-5200

PLACER COUNTY

Legal Services of Northern California190 Reamer StreetAuburn, CA 95603(530) 823-7560 or (800) 660-6107(also serves Amador, Calaveras, Eldorado, Nevada,and Sierra counties)

RIVERSIDE COUNTY

California Rural Legal AssistanceCoachella Regional Office1460 6th StreetCoachella, CA 92236(760) 398-7261Fair Housing Council of Riverside County Inc.3600 Lime Street, Suite 613Riverside, CA 92501(909) 682-6581or (800) 655-1812

SACRAMENTO COUNTY

California Apartment Association980 9th Street, Suite 2150Sacramento, CA 95814(916) 447-7881

Human Rights/Fair Housing Commission for theCity and County of Sacramento1112 I Street Suite 250Sacramento, CA 95816Llandlord-tenant hotline: (916) 444-0178(916) 444-6903Legal Center for the Elderly and Disabled2862 Arden Way, Suite 200Sacramento, CA 95825(916) 488-5298Legal Services of Northern California515 12th StreetSacramento, CA 95814(916) 551-2150Sacramento Mediation Center2131 Capitol Avenue, Suite 205Sacramento, CA 95816(916) 441-7979

SAN BERNARDINO COUNTY

Inland Fair Housing and Mediation Board1005 Begonia AvenueOntario, CA 91762(909) 984-2253(800) 321-0911

SAN DIEGO COUNTY

California Rural Legal AssistanceOceanside Office215 S. Coast Highway, Suite 201Oceanside, CA 92054(760) 966-0511Heartland Human Relations and Fair Housing1068 Broadway, Suite 221El Cajon, CA 92021(619) 444-5700Legal Aid Society of San Diego110 South EuclidSan Diego, CA 92114(619) 262-5557

Neighborhood House Association841 South 41st StreetSan Diego, CA 92113(619) 263-7761 or (900) 505-5663 (the charge is$2.50 for the first minute and $.54 for each additionalminute)

San Diego Housing Commission1625 Newton AvenueSan Diego, CA 92113(619) 578-7553

San Diego Mediation Center625 Broadway, Suite 1221San Diego, CA 92101-5419(619) 238-2400

Tenants Legal Center5252 Balboa Avenue, Suite 408San Diego, CA 92117(858) 571-7100

SAN FRANCISCO COUNTY

Asian Law Caucus939 Market Street, Suite 201San Francisco, CA 94103(415) 896-1701

Bay Area Legal AidSan Francisco Regional Office50 Fell Street, 1st FloorSan Francisco, CA 94102(415) 982-1300Consumer Action Hot Line717 Market Street, #310San Francisco, CA 94103(415) 777-9635

Housing Rights Committee of San Francisco427 S. Van Ness AveSan Francisco, CA 94103(415) 703-8634

Center for Youth Law417 Montgomery StreetSan Francisco, CA 94104(415) 543-3379

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San Francisco County District Attorney–Consumer Protection Unit732 Brandon StreetSan Francisco, CA 94103(415) 553-1814

San Francisco Human Rights Commission25 Van Ness Avenue, Suite 800San Francisco, CA 94102(415) 252-2500

San Francisco Rent Board25 Van Ness Avenue, Suite 320San Francisco, CA 94102-6033(415) 252-4600

San Francisco Tenants Union558 Capp StreetSan Francisco, CA 94110(415) 282-6622Tenderloin Housing Clinic126 Hyde StreetSan Francisco, CA 94102(415) 771-2427

SAN JOAQUIN COUNTYCalifornia Rural Legal Assistance242 North Sutter, Room 411Stockton, CA 95202(209) 946-0605

SAN LUIS OBISPO COUNTYCalfornia Rural Legal Assistance1160 Marsh Street, Suite 114San Luis Obispo, CA 93401(805) 544-7997San Luis Obispo County Government Center–Economic Crime Unit1050 Monterey Street, Room 235San Luis Obispo, CA 93408(805) 781-5856

SAN MATEO COUNTYBay Area Legal AidSan Mateo Regional Office2287 El Camino RealSan Mateo, CA 94403(650) 358-0745Legal Aid Society of San Mateo County521 East 5th AvenueSan Mateo, CA 94402(650) 558-0915

San Mateo County District AttorneyConsumer Fraud Unit400 County Center, Third FloorRedwood City, CA 94063(650) 363-4651Peninsula Conflict Resolution Center520 South El Camino Real, Suite 640San Mateo, CA 94402(650) 373-3490

TENANT INFORMATION AND ASSISTANCE

SANTA BARBARA COUNTYCalifornia Rural Legal Assistance324 E. Carrillo Street, Suite BSanta Barbara, CA 93101(805) 963-5981

SANTA CLARA COUNTYBay Area Legal AidSanta Clara Regional Office2 West Santa Clara Street, 8th FloorSan Jose, CA 95113(408) 283-3700California Rural Legal AssistanceGilroy Regional Office7365 Monterey Road, Suite HGilroy, CA 95020(408) 847-1408

Legal Aid Society of Santa Clara County480 North 1st StreetSan Jose, CA 95112(408) 998-5200

Mid-Peninsula Citizens for Fair Housing457 Kingsley AvenuePalo Alto, CA 94301(650) 327-1718

Project Sentinel7365 Monterey Road, Suite AGilroy, CA 95020(408) 842-7740

Project Sentinel1055 Sunnyvale Saratoga Road, Suite 3Sunnyvale, CA 94087(408) 720-9888Project Sentinel430 Sherman Avenue, Suite 308Palo Alto, CA 94306(415) 468-7464Santa Clara District Attorney’s Office70 West Hedding StreetSan Jose, CA 95110(408) 299-7500

SANTA CRUZ COUNTY

California Rural Legal Assistance21 Car StreetWatsonville, CA 95076(831) 688-6535Santa Cruz District Attorney’s Office701 Ocean Street, Room 200Santa Cruz, CA 95060(831) 454-2050

SHASTA COUNTY

Legal Services of Northern California–Shasta Regional Office1370 West StreetRedding, CA 96001(916) 241-3565 or(800) 822-9687

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YOLO COUNTY

Community Mediation Services andOffice of Fair Housing604 Second StreetDavis, CA 95616(530) 757-5623

Legal Services of Northern California619 North StreetWoodland, CA 95695(530) 662-1065

STATE DEPARTMENTS

Department of Consumer Affairs400 R StreetSacramento, CA 95814(800) 952-5210 TDD (800) 326-2297(916) 445-1254 TDD (916) 322-1700Department of Fair Employment and Housing2000 O Street, No. 120Sacramento, CA 95814(housing discrimination complaints only)(800) 233-3212Department of Real Estate2201 BroadwaySacramento, CA 95818(916) 227-0864 Consumer Info.(916) 227-0931 Licensing Info.

APPENDIX 4 —OTHER RESOURCES

PUBLICATIONS ON LANDLORD-TENANT LAW

BooksBrown and Warner, The California Landlord’s

Law Book, Vol. I, Rights and Responsibilities(NOLO Press 2001).

Department of Consumer Affairs, ConsumerLaw Sourcebook for Small Claims Judicial Offic-ers, Ch. 18, Landlord-Tenant Disputes (1996).

Friedman et al., California Practice Guide:Landlord-Tenant (Rutter Group 1999/2000).

Moskovitz and Warner, California Tenants’Rights (NOLO Press 2001).

Moskovitz et al., California Eviction DefenseManual (California Continuing Education of theBar 2001).

Moskovitz et al., California Landlord-TenantPractice (California Continuing Education of theBar 2000).

These books are available at county anduniversity law libraries.

SOLANO COUNTY

Legal Services of Northern California–Solano1810 Capitol StreetVallejo, CA 94590(707) 643-0054 (closed Wednesdays)

SONOMA COUNTY

California Rural Legal AssistanceSanta Rosa Regional Office725 Farmers Lane, #10, Building BSanta Rosa, CA 95405(707) 528-9941Fair Housing of Sonoma County250 Sebastopol RoadSanta Rosa, CA 95407Hotline: (707) 579-5033www.fhosc.org

TULARE COUNTY

Central California Legal Services–Tulare Kings Legal Service208 West Main Street, Suite U-1Visalia, CA 93291(559) 733-8770

VENTURA COUNTY

California Rural Legal AssistanceMigrant Project445 South B StreetOxnard, CA 93030(805) 486-1068California Rural Legal Assistance(non-migrant issues)338 South A StreetOxnard, CA 93030(805) 486-1068Commission on Human Concerns621 Richmond AvenueOxnard, CA 93030(805) 486-4725Fair Housing Council of San Gabriel ValleyServing the cities of Camarillo, Filmore,Moorpark, Ojai, Oxnard, Port Hueneme, SantaPaula1020 North Fair Oaks AvenuePasadena, CA 91103(Address subject to change; check before corre-sponding.)(800) 346-2883

Oxnard Housing Department435 South D StreetOxnard, CA 93030(805) 385-8095

Ventura County District Attorney–Consumer Mediation Unit800 South Victoria AvenueVentura, CA 93009(805) 654-3110

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Department of Consumer Affairs–Legal Guides

LT-1 Security Deposits: Tenants’ Rights andResponsibilitiesLT-2 How Often Can a Landlord RaiseRent?LT-3 Rental Housing: Who’s Responsiblefor What and How to Get Repairs MadeLT-4 How to Get Back Possessions YouHave Left in a Rental UnitLT-5 Options for Landlord: When Tenant’sPersonal Property Has Been Left in theRental UnitLT-6 Damaged or Destroyed ResidentialRental Units: A Fact Sheet for Landlords andTenantsLT-8 Habitability and Repairs: Outline ofthe Landlord’s and Tenant’s ResponsibilitiesUnder the California Civil CodeThese Legal Guides are available through the

Department’s homepage at www.dca.ca.gov.They also are available in hard copy. Write theDepartment of Consumer Affairs, Publications,P.O. Box 989004, Sacramento, CA 95798-004, orcall 1-800-952-5210. Please specify LegalGuides by number and name.

DEPARTMENT OF CONSUMER AFFAIRS —OTHER PUBLICATIONS

Arbitration/MediationCalifornia Dispute Resolution Programs Act:

Program Directory (lists arbitration and media-tion programs by county).

Small Claims CourtSmall Claims Advisors Directory (lists small

claims court advisors by county).The DOs and DON’Ts of Using the Small

Claims Court.These arbitration and small claims publica-

tions can be obtained by writing the Departmentof Consumer Affairs, Publications, P.O. Box989004, Sacramento, CA 95798-004, or bycalling the Department at 1-800-952-5210.Please specify publication by name.

You can access these publications online atthe Department of Consumer Affairs’ Web site,www.dca.ca.gov.

INDEX[Glossary terms, court forms, and govern-

ment agencies are in boldface type. Pagenumbers containing definitions of terms arein boldface type.]Abandonment

defined 26, 49notice of 27, 29risks 27steps for 26-27

Advance payment of last month’s rent 33Age

discrimination against, see Discrimina-tion, unlawful

Ammunition, disclosure 6Ancestry

discrimination because of, seeDiscrimination, unlawful

Appeal 45, 49Application, rental 6, 49

fee 6Application for Waiver of Court Fees and

Costs 43, 49, 52Arbitration 29, 48, 49Arbitrator 48, 49Asbestos, disclosure 15-16Assignment 22, 49

novation 23, 49tenant’s responsibility 22-23

Attorneyfee provision in lease/rental agreement 13,38locating an 10, 48need for 42, 43, 46-47

Attorney’s fees 10, 29, 38, 42provision in lease or rental agreement 13,34, 38

Bad faith retention of security deposit 37California Department of Fair Employment

and Housing 10, 49, 58Carpet 35Children

discrimination because of, see Discrimi-nation, unlawful

Claim of Right to Possession 49, 52

INDEX

60

Electricitypayments for, see Utilities

Emergency entry, see EntryEmployment check 6Entry by landlord 14, 21-22Escrow account 29, 49Eviction

court’s decision 39, 44-45counting three days 41default judgment 41, 45-46, 49defenses 43defined 49forcible, by sheriff 45, 53illegal 42just cause for 33, 39of unnamed occupants 43-44, 52overview of process 42procedures 38-43reasons for 32-39relief from forfeiture 44responding to lawsuit 43, 52retaliatory 15, 26, 29, 43, 46setting aside judgment 45-46stay 45thirty-day notice 32, 39, 51three-day notice 32, 39-41, 51unlawful detainer lawsuit 32, 38, 39, 41, 42-46, 52writ of possession 42, 45, 52

Eviction defense services 48Eviction notice, see NoticeFair Employment and Housing Act 8, 9, 46, 47Fair Employment and Housing, California Department of 10, 49Fair housing organizations 10, 50Family status

discrimination because of, seeDiscrimination, unlawful

Federal stay 48, 50Fees

application 7attorney’s 3, 10, 29, 38, 42dishonored check 19credit check 6-7late 13, 19

Garbage collectionpayments for, see Utilities

Good faith and fair dealing, duty of 11, 15, 35, 47

Cleaningdeposits or fees 16landlord’s responsibility 23, 24-25tenant’s responsibility 23-24, 25

Cleanliness, standards of 34Color

discrimination because of, seeDiscrimination, unlawful

Condominiumsnotice for converting to 31right of first refusal 31

Court orders 21, 44-45Credit check

contents of report 6denial of rental 6-7fees for 6-7

Credit report 6-7, 18, 41, 49Credit reporting agency 6, 49Damage

checklist for 17, 38, 65-66photographs/videos for 28, 44responsibility for 17, 23-25, 34-36

Damagesmonetary 30, 37-38, 47discrimination 10loss of rental unit 10punitive 37

Default 16, 49Default judgment 43, 45, 49Demurrer 43, 49Deposit

holding, see Holding depositsecurity, see Security deposit

Disability 6, 9discrimination because of, seeDiscrimination, unlawfulalterations to accommodate 6, 15

Discrimination, unlawful 8, 49characteristics specified by law 8, 9examples of 9Fair Employment and Housing Act 8, 9, 46,47occupancy limits 6remedies for 8-10retaliatory 46-47roomers and boarders 9-10

Dishonored check fee 19Drapes 34

61INDEX

Guest 2, 50Habitable 23, 50Habitability warranty of, see Implied warranty of

habitabilityHealth and safety defects 23, 24Holding deposit 8, 50Holidays, legal 41, 43Hotels and motels 2Housing and Urban Development, U.S. Department of 10, 52Implied warranty of habitability 15, 23, 50

abandonment 26-27, 29habitability 23landlord’s responsibilities 23-25lawsuit for damages 28, 30notice of uninhabitable conditions 26, 27, 28,29out-of-court resolution 29rent withholding 27-29repair and deduct 26uninhabitable conditions 23-25

Income, aggregation of 9Inspection of rental for defects 17, 30-31, 65-66Insurance, renter’s 17-18, 51Inventory checklist 17, 38, 65-66Item of information 7Judgments, court 29-31, 42-46, 52-53Landlord

address and telephone number of 2, 37, 47defined 2, 50entry by 14, 21-22sale of building by 31, 36

Last month’s rentadvance payment of 33as part of security deposit 33

Late fees 13, 19Lawsuit

for uninhabitable housing 30-31for forcible eviction 42for invasion of privacy 21for security deposit 36, 37-38small claims court 30, 37-38

Lead-based paint, disclosure 15Lease

attorney’s fee provision 13, 34, 38change in terms 14compared to rental agreement 11-12defined 12, 50

expiration of 12, 38good faith and fair dealing, duty of 15, 35,47illegal provisions 16, 34moving at end of 38notices 38raising rent under 12, 18, 20-21renewing 38raising security deposit under 19-20, 37Spanish-language translation 12-13tenant’s basic legal rights 14-15

Legal aid organizations 8, 10, 47, 50, 53Legal document assistant 48Legal rights, tenant’s basic 14-15Liability for damage, tenant’s 17, 23-24, 25Lockout, illegal 42, 50Lodger 2, 3, 50Marital status

discrimination because of, seeDiscrimination, unlawful

Mediation 29, 31, 36, 48, 50Memorandum to Set Case for Trial 44, 50Military explosives, disclosure 6Mobilehome parks 3Month-to-month tenancy 4, 10-11, 18, 20, 32, 44Motion to Quash Service of Summons 43, 50Moving out

abandonment 26, 29, 49after eviction action 44at end of lease 38for uninhabitability 26notice 31, 38procedures 31-33

National origindiscrimination because of, seeDiscrimination, unlawful

Negligence 17, 50Notice

abandonment 26, 29acknowledgment of 29, 36by landlord 11, 15, 19, 20, 21, 32, 33, 37,39, 41-42by tenant 11, 26, 29, 31, 38by certified mail 29, 32, 36condominium conversions 31counting three days 41deductions from deposit 34-36ending periodic tenancy 32-33, 38-40, 41

62

entry by landlord 14, 21-22eviction 11, 29, 32, 38-40, 41-42giving properly 29, 38-40, 41-42increase in rent 20-21increase in security deposit 19-20, 37length of 11, 19, 20, 21, 31, 32-33, 38-40repair and deduct 26rent increase 11, 20-21rent withholding 27-29sale of building 31, 37service of 29, 31, 41thirty-day 32, 39, 41-42, 51three-day 32, 39-42, 51

Novation 23, 50Occupants

defined 43-44, 52not named in eviction lawsuit 43-44, 52not named in writ of possession 52

Owner of rental unit, address and telephone numberof 2, 37, 47

Painting 35Payment of rent, see Rent PaymentsPenalties

monetary 3, 19, 37-38, 42malicious acts by tenant 43security deposits 37-38

Perception of characteristics 9Periodic rental agreement 10-11, 19, 31, 32, 50Pest control treatments, disclosure 15Pests 15, 24, 28Physical characteristics, discrimination because of,

see Discrimination, unlawfulPlumbing 24, 28Prejudgment Claim of Right to Possession 43-

44, 50, 52Prepaid rental listing services 4, 50Privacy

right to 14violation of 21-22

Promises, oral 5, 10Property

insurance 17possession or sale of tenant’s by landlord 45removing tenant’s 42storing tenant’s 45waterbed 11, 16

Racediscrimination because of, seeDiscrimination, unlawful

Recreational vehicle park 3

Reference check 6-7Refusal to rent, see Discrimination,

unlawfulRelief from forfeiture 44, 50Religion

discrimination because of, seeDiscrimination, unlawful

Rent control ordinances 18, 19, 20, 33, 39, 51Rent increases 18, 20-21

notice 20-21, 33effective date 20-21

Rent paymentsdeducting from for repairs 26, 46due date 18late 19obtaining receipts for 19, 40partial 19reduction in 27-29withholding, see Rent withholding

Rent withholding 14, 27-29defined 27-28, 51escrow account 29notice of 28risks 29steps for 27-29

Rental agreement 10, 51changing the terms of 14compared to lease 11-12defined 10-11, 51illegal provisions 16, 34legal provisions 13-14month-to-month 4, 10-11, 18, 19, 21, 31, 32,37oral 11Spanish-language translation 12-13week-to-week 11, 12, 18written 11-12

Rental application formdefined 6, 51fee 7-8illegal questions 6legal questions 6

Rental perioddefined 18, 51defining terms of 18month-to-month 4, 10-11, 18, 19, 21, 31, 32,37terms of, provision in lease 18, 19, 20-22, 33week-to-week 11, 12, 18

Rental unit 2, 4-6, 23-25, 51

63INDEX

Renter’s insurance 17, 51Repainting 35Repair and deduct remedy 26, 46

defined 26, 51notice of 26, 29risks 26steps for 26

Repairs and maintenance 5entry for, see Entry by landlordlandlord’s responsibility for 23, 24, 25tenant’s responsibility for 18, 23-25

Residential hotel 3, 51Residential rental unit 2Resolving problems 1, 15, 36, 47-48Retaliatory discrimination 46-47Retaliatory eviction, see Eviction, retaliatorySale of rental unit and security deposits 31, 36-38Security deposit

as last month’s rent 16, 33as security for last month’s rent 16, 33deductions from 16-17, 34-38bad faith retention 37-38bad faith demand for replacement 37-38defined 16, 51increase in 19-20, 36-37limits on 16-17, 37legal action for recovering 37-38nonrefundable 16, 34normal wear and tear 16, 34-36practical suggestions 34-35provision in lease 13, 16, 19-20, 37receipt 17refund after sale of rental unit 31, 36-38refund within three weeks after vacating 16,34-36transfer to new owner 36-37waterbeds 16

Section 8 housing 20, 33Senior citizen housing 9Serve/service 40, 41-42, 51Service of notices

address of landlord or agent 2, 47methods 29, 31-33, 40, 41-42

Sex, discrimination because of, see Discrimina-tion, unlawful

Sex offender database, notice 14Sexual orientation, discrimination 8, 9Sheriff

Claim of Right to Possession 49, 52-53

forcible eviction 42, 45writ of possession 42, 45, 52, 52-53

Single roomdiscrimination 9-10lodgers 3roomers and boarders 9-10

Small claims court, see LawsuitSource of income, discrimination because of,

see Discrimination, unlawfulSublease 22, 51Subpoena 44, 51Subtenant 22, 51Telephones, inside wiring 24Tenancy

defined 11, 51month-to-month 4, 10-11, 18, 19, 21, 31,32, 37week-to-week 11, 12, 18

Tenantagreement to make repairs 25defined 2, 10-11, 51basic legal rights 14-15basic legal responsibilities 14-15, 18, 23,24-25

Tenant screening service 6, 51Termination of tenancy

by landlord 18, 26, 29, 32-33, 38-41, 42-46by tenant 26, 31-32, 41-42eviction 38-45thirty-day notice 31, 32-33, 38-39three-day notice 31, 38, 39-41

Transitional housing 3Thirty-day notice, see NoticeThree-day notice, see NoticeUninhabitable 23, 51Unlawful detainer assistant 48Unlawful detainer lawsuit, see EvictionU.S. Department of Housing and Urban Development 10, 52Utilities 4, 5, 24

ability to pay 4, 5payment of 13shared meter 12, 15shutting off to evict tenant 42

Waive (rights) 37, 41, 52Waterbeds 11, 16Week-to-week tenancy 11, 12, 18Writ of possession 42, 45, 52Withholding remedy, see Rent withholding

INVENTORY CHECKLIST

This inventory form is for the protection of both the tenant and landlord.You and your landlord should fill it out within three days of your moving in. Then, at least one week before moving

out, you should arrange a time to make the final inspection. Both you and your landlord should sign and receive a copy ofthe form following each inspection.

In completing the form, be specific and check carefully. Among the things you should look for are dust, dirt, grease,stains, burns, damage, and wear.

Additions to this list may be made as necessary. Attach additional paper if more space is needed, but remember toinclude a copy for both parties. Both parties should initial any additional pages. Cross out items that do not apply.

Apartment Name and Address _______________________________________________________________________Unit No. ______

CONDITIONUPON ARRIVAL

CONDITION UPON DEPARTURENote deterioration beyond reasonable useand wear for which tenant is alleged to beresponsible.

Cupboards

Floor covering

Walls and ceiling

Counter surfaces

Stove and oven, range hood(broiler pan, grills, etc.)

Refrigerator(ice trays, butter dish, etc.)

Sink and garbage disposal

Tables and chairs

Windows (draperies, screens, etc.)

Doors, including hardware

Light fixtures

Floor covering

Walls and ceiling

Tables and chairs

Sofa

Windows (draperies, screens, etc.)

Doors, including hardware

Light fixtures

ITEMQ

UANT

ITY

IF A

PPLI

CABL

E

KIT

CH

ENLI

VIN

G R

OO

M

Note: any refund of the security deposit to which the tenant is entitled must be returned to the tenant within three weeksafter the premises are vacated, as required by California Civil Code 1950.5. 65

Floor covering

Walls and ceiling

Shower and tub (walls, door, tracks)

Toilet

Plumbing fixtures

Windows (draperies, screens, etc.)

Doors, including hardware

Light fixtures

Sink, vanity, medicine cabinet

Floor covering

Walls and ceiling

Closet, includingdoors and tracks

Desk(s) and chair(s)

Dresser(s)

Bed(s) (frame, mattress—check bothsides for stains—pads, boxsprings)

Windows (draperies, screens, etc.)

Doors, including hardware

Light fixtures

Floor covering

Walls and ceiling

Closets, includingdoors and tracks

Light fixtures

Air conditioner filter(s)

Patio, deck, yard (planted areas,ground covering, fencing, etc.)

Other (please specify)

Beginning Inventory Date _____________________

Signature of Tenant __________________________

Signature of Owner or Agent __________________

BATH

RO

OM

BED

RO

OM

HA

LLW

AYS

OR

OTH

ER A

REA

SCONDITIONUPON ARRIVAL

CONDITION UPON DEPARTURENote deterioration beyond reasonable useand wear for which tenant is alleged to beresponsible.

ITEM

QUA

NTIT

YIF

APP

LICA

BLE

End-of-Term Inspection Date __________________

Signature of Tenant __________________________

Signature of Owner or Agent __________________

66

HOW TO ORDER COPIES OF THIS BOOKLETUp to 50 Copies of California Tenants can be ordered free of charge.Bulk orders of 51 booklets or more can be purchased for $.75 cents per booklet.These prices include all taxes, as well as handling and shipping charges.To order, please complete the order form below.

If you have Internet access, you can downloadCalifornia Tenants for free from www.dca.ca.gov

ORDER FORM

California Tenants—A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities

Name: ______________________________________________________________

Address: ____________________________________ Zip Code _______________

Contact person(name and telephone): _________________________________________________

Please send _______ copies of California Tenants—A Guide to ResidentialTenants’ and Landlords’ Rights and Responsibilities.

1-50 copies — free.

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Enclosed is a check or money order in the amount of $ _______.

Please make the check or money order payable to:“Cal. Dept. of Consumer Affairs”

Please mail this order form (or a copy) to: California Tenants, c/o Department ofConsumer Affairs, P. O. Box 989004, West Sacramento, CA 95798-0004. Pleaseallow three weeks for delivery of your order.

PLEASE: Only one free order per address, individual or group per calendar year.

67