The California Landlord's Law Book:: Rights and Responsibilities

by Brown, David Wayne; Warner, Ralph E.; Portman, Janet

• ISBN13: 9780873379311
• ISBN10: 0873379314
• Edition: 9th
• Format: Paperback
• Copyright: 2003-04-01
• Publisher: Nolo

Summary

The definitive guide for California landlords for over 12 years, this book clearly and comprehensively covers: -- deposits and returns-- leases and rental agreements-- inspections and habitability-- liability and discrimination-- rent control for 15 cities-- toxic mold Provides forms as tear-outs and on CD-ROM.

Table of Contents

Introduction
Renting Your Property: How to Choose Tenants and Avoid Legal Pitfalls
Adopt a Rental Plan and Stick to It	1/2	(1)
Advertising Rental Property	1/2	(1)
Dealing With Prospective Tenants	1/3	(1)
Checking Background, References and Credit History of Potential Tenants	1/12	(1)
Choosing---and Rejecting---an Applicant	1/17	(1)
Holding Deposits	1/20	(1)
Understanding Leases and Rental Agreements
Oral Agreements Are Not Recommended	2/2	(1)
Written Agreements: Which Is Better, a Lease or a Rental Agreement?	2/3	(1)
Common Legal Provisions in Lease and Rental Agreement Forms	2/6	(1)
How to Modify and Sign Form Agreements	2/29	(1)
About Cosigners	2/31	(1)
Illegal Lease and Rental Agreement Provisions	2/32	(1)
Basic Rent Rules
How Much Can You Charge?	3/2	(1)
When Rent Is Due	3/2	(1)
Where and How Rent Is Due	3/4	(1)
Late Charges	3/5	(1)
Returned Check Charges	3/7	(1)
Partial Rent Payments	3/7	(1)
Rent Control
Property Exempt From Rent Control	4/3	(1)
Local Rent Control Administration	4/3	(1)
Registration of Rental Properties	4/3	(1)
Rent Formula and Individual Adjustments	4/4	(1)
Security Deposits	4/6	(1)
Certification of Correct Rent Levels by Board	4/6	(1)
Vacancy Decontrol	4/6	(1)
Tenant Protections: Just Cause Evictions	4/7	(1)
Rent Control Board Hearings	4/9	(1)
Legal Sanctions for Violating Rent Control	4/13	(1)
Security Deposits
Security Deposits Must Be Refundable	5/2	(1)
How Landlords May Use Deposits	5/3	(1)
Dollar Limits on Deposits	5/3	(1)
How to Increase Deposit Amounts	5/4	(1)
Last Month's Rent	5/4	(1)
Interest, Accounts and Recordkeeping on Deposits	5/5	(1)
Insurance as a Back-Up to Deposits	5/6	(1)
When Rental Property Is Sold	5/8	(1)
If You're Purchasing Rental Property	5/9	(1)
Property Managers
Hiring Your Own Manager	6/2	(1)
Avoiding Legal Problems	6/3	(1)
Management Companies	6/11	(1)
An Owner's Liability for a Manager's Acts	6/12	(1)
Notifying Tenants of the Manager	6/16	(1)
Firing a Manager	6/17	(1)
Evicting a Manager	6/17	(1)
Getting the Tenant Moved In
Inspect and Photograph the Unit	7/2	(1)
Send New Tenants a Move-In Letter	7/3	(1)
Cash Rent and Security Deposit Checks	7/13	(1)
Lawyers, Legal Research, Eviction Services and Mediation
Legal Research Tools	8/2	(1)
Mediating Disputes With Tenants	8/4	(1)
Nonlawyer Eviction Services	8/6	(1)
Finding a Lawyer	8/7	(1)
Paying a Lawyer	8/8	(1)
Resolving Problems With Your Lawyer	8/9	(1)
Discrimination
Legal Reasons for Refusing to Rent to a Tenant	9/2	(1)
Sources of Discrimination Laws	9/7	(1)
Forbidden Types of Discrimination	9/8	(1)
Occupancy Limits	9/24	(1)
Legal Penalties for Discrimination	9/25	(1)
Owner-Occupied Premises and Occasional Rentals	9/26	(1)
Managers and Discrimination	9/27	(1)
Insurance Coverage for Discrimination Claims	9/28	(1)
Cotenants, Subtenants and Guests
Renting to More Than One Tenant	10/2	(1)
Subtenants and Sublets	10/4	(1)
When a Tenant Brings in a Roommate	10/5	(1)
If a Tenant Leaves and Assigns the Lease to Someone	10/8	(1)
The Landlord's Duty to Repair and Maintain the Property
State and Local Housing Standards	11/3	(1)
Enforcement of Housing Standards	11/4	(1)
Maintenance of Appliances and Other Amenities	11/7	(1)
The Tenant's Responsibilities	11/8	(1)
The Tenant's Right to Repair and Deduct	11/9	(1)
The Tenant's Right to Withhold Rent When the Premises Aren't Habitable	11/10	(1)
The Landlord's Options If a Tenant Repairs and Deducts or Withholds Rent	11/13	(1)
The Tenant's Right to Move Out	11/16	(1)
The Tenant's Right to Sue for Defective Conditions	11/18	(1)
Avoid Rent Withholding and Other Tenant Remedies by Adopting a High-Quality Repair and Maintenance System	11/21	(1)
Tenant Updates and Landlord's Regular Safety and Maintenance Inspections	11/26	(1)
Tenants' Alterations and Improvements	11/28	(1)
Cable TV	11/33	(1)
Satellite Dishes and Antennas	11/36	(1)
Landlord's Liability for Dangerous Conditions, Criminal Acts and Environmental Health Hazards
Legal Standards for Liability	12/3	(1)
Landlords' Responsibility to Protect Tenants From Crime	12/12	(1)
How to Protect Your Tenants From Criminal Acts While Also Reducing Your Potential Liability	12/17	(1)
Protecting Tenants From Each Other (and From the Manager)	12/23	(1)
Landlord Liability for Drug-Dealing Tenants	12/26	(1)
Liability for Environmental Hazards	12/30	(1)
Liability and Other Types of Property Insurance	12/49	(1)
Landlord's Right of Entry and Tenant's Privacy
The Landlord's Right of Entry	13/3	(1)
Entry by Others	13/10	(1)
Other Types of Invasions of Privacy	13/11	(1)
What to Do When Tenants Are Unreasonable	13/13	(1)
Tenants' Remedies If a Landlord Acts Illegally	13/14	(1)
Raising Rents and Changing Other Terms of Tenancy
Basic Rules to Change or End a Tenancy	14/2	(1)
Rent Increase Rules	14/3	(1)
Preparing a Notice to Raise Rent	14/8	(1)
How the Notice Is Served on the Tenant	14/8	(1)
When the Rent Increase Takes Effect	14/11	(1)
Changing Terms Other Than Rent	14/11	(1)
Retaliatory Rent Increases and Evictions
Types of Retaliation That Are Prohibited	15/2	(1)
Proving Retaliation	15/3	(1)
Avoiding Charges of Retaliation	15/4	(1)
Liability for Illegal Retaliation	15/10	(1)
The Three-Day Notice to Pay Rent or Quit
When to Use a Three-Day Notice	16/2	(1)
How to Determine the Amount of Rent Due	16/2	(1)
How to Fill Out a Three-Day Notice	16/5	(1)
Serving the Three-Day Notice on the Tenant	16/7	(1)
If the Tenant Offers to Pay Rent	16/10	(1)
If the Tenant Won't Pay Rent (or Leave)	16/10	(1)
Self-Help Evictions, Utility Terminations and Taking Tenant's Property
Forcible Evictions	17/2	(1)
Locking or Driving the Tenant Out Without Force	17/3	(1)
Seizing the Tenant's Property	17/4	(1)
Effect of Landlord Forcible Eviction on a Tenant's Liability for Rent	17/4	(1)
Terminating Tenancies
The 30-, 60- or 90-Day Notice	18/3	(1)
The Three-Day Notice in Cities That Don't Require Just Cause for Eviction	18/11	(1)
Termination When Just Cause for Eviction Is Required	18/17	(1)
Termination When No Notice Is Required	18/25	(1)
Notifying the Tenant of Initial Move-Out Inspection	18/25	(1)
When A Tenant Leaves: Month-To-Month Tenancies, Fixed-Term Leases, Abandonment and Death of Tenant
Termination of Month-to-Month Tenancies	19/2	(1)
Termination of Fixed-Term Leases	19/5	(1)
Termination by Tenant Abandoning Premises	19/8	(1)
What to Do When Some Tenants Leave and Others Stay	19/11	(1)
Death of a Tenant	19/13	(1)
Returning Security Deposits
Basic Rules for Returning Deposits	20/3	(1)
Initial Move-Out Inspection	20/4	(1)
Final Inspection	20/11	(1)
Deductions for Cleaning and Damages	20/11	(1)
Deductions for Unpaid Rent	20/14	(1)
Preparing an Itemized Statement of Deductions	20/16	(1)
Small Claims Lawsuits by the Tenant	20/21	(1)
If the Deposit Doesn't Cover Damage and Unpaid Rent	20/27	(1)
Property Abandoned by a Tenant
Personal Property	21/2	(1)
Motor Vehicles	21/7	(2)
APPENDIX A HOW TO USE THE CD-ROM
A. Installing the Form Files Onto Your Computer	2	(1)
B. Using the Word Processing Files to Create Documents	3	(1)
C. Using PDF Files to Print Out Forms	4
APPENDIX B TEAR-OUT FORMS AND RENT CONTROL CHART