The California Landlord's Law Book: Rights and Responsibilities

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

• ISBN13: 9781413300000
• ISBN10: 1413300006
• Edition: 10th
• Format: Paperback
• Copyright: 2004-04-01
• Publisher: Nolo

Summary

A successful landlord is a landlord who knows the law. Armed with the right information, you can protect your property, find good tenants, respond to problems appropriately and stay out of trouble. Turn to The California Landlord's Law Book for the latest forms you need and a clear understanding of landlord/tenant law. Guiding landlords and property managers since 1985, this book includes the most current information on state and federal laws and local ordinances. The 10th edition provides the latest information landlords need, covering invoices for security deposit deductions, new wrinkles on pre-move out inspections, heightened penalties for retaliatory acts and new rules governing access to rental property. It also has updated rent-control charts for 15 cities. Book jacket.

Author Biography

David Brown practices law in Monterey, California Ralph Warner co-founded Nolo in 1971 and is the author of many books Janet Portman is an attorney

Table of Contents

INTRODUCTION
1 RENTING YOUR PROPERTY: HOW TO CHOOSE TENANTS AND AVOID LEGAL PITFALLS
A. Adopt a Rental Plan and Stick to It	1/2	(1)
B. Advertising Rental Property	1/2	(1)
C. Dealing With Prospective Tenants	1/3	(1)
D. Checking Background, References, and Credit History of Potential Tenants	1/12	(1)
E. Choosing-and Rejecting-an Applicant	1/18	(1)
F. Holding Deposits	1/20	(1)
2 UNDERSTANDING LEASES AND RENTAL AGREEMENTS
A. Oral Agreements Are Not Recommended	2/2	(1)
B. Written Agreements: Which Is Better, a Lease or a Rental Agreement?	2/3	(1)
C. Common Legal Provisions in Lease and Rental Agreement Forms	2/6	(1)
D. How to Modify and Sign Form Agreements	2/32	(1)
E. Cosigners	2/34	(1)
F. Illegal Lease and Rental Agreement Provisions	2/35	(1)
3 BASIC RENT RULES
A. How Much Can You Charge?	3/2	(1)
B. When Rent Is Due	3/3	(1)
C. Where and How Rent Is Due	3/4	(1)
D. Late Charges	3/6	(1)
E. Returned Check Charges	3/7	(1)
F. Partial Rent Payments	3/8	(1)
4 RENT CONTROL
A. Property Exempt From Rent Control	4/3	(1)
B. Local Rent Control Administration	4/3	(1)
C. Registration of Rental Properties	4/3	(1)
D. Rent Formula and Individual Adjustments	4/4	(1)
E. Security Deposits	4/6	(1)
F. Certification of Correct Rent Levels by Board	4/6	(1)
G. Vacancy Decontrol	4/6	(1)
H. Tenant Protections: Just Cause Evictions	4/7	(1)
I. Rent Control Board Hearings	4/9	(1)
J. Legal Sanctions for Violating Rent Control	4/13	(1)
5 SECURITY DEPOSITS
A. Security Deposits Must Be Refundable	5/2	(1)
B. How Landlords May Use Deposits	5/3	(1)
C. Dollar Limits on Deposits	5/3	(1)
D. How to Increase Deposit Amounts	5/4	(1)
E. Last Month's Rent	5/4	(1)
F. Interest, Accounts and Recordkeeping on Deposits	5/5	(1)
G. Insurance as a Back-Up to Deposits	5/6	(1)
H. When Rental Property Is Sold	5/8	(1)
I. If You're Purchasing Rental Property	5/9	(1)
6 PROPERTY MANAGERS
A. Hiring Your Own Manager	6/2	(1)
B. Avoiding Legal Problems	6/3	(1)
C. Management Companies	6/11	(1)
D. An Owner's Liability for a Manager's Acts	6/12	(1)
E. Notifying Tenants of the Manager	6/16	(1)
F. Firing a Manager	6/17	(1)
G. Evicting a Manager	6/17	(1)
7 GETTING THE TENANT MOVED IN
A. Inspect and Photograph the Unit	7/2	(1)
B. Send New Tenants a Move-In Letter	7/3	(1)
C. Cash Rent and Security Deposit Checks	7/13	(1)
8 LAWYERS, LEGAL RESEARCH, EVICTION SERVICES AND MEDIATION
A. Legal Research Tools	8/2	(1)
B. Mediating Disputes With Tenants	8/6	(1)
C. Nonlawyer Eviction Services	8/7	(1)
D. Finding a Lawyer	8/8	(1)
E. Paying a Lawyer	8/9	(1)
F. Resolving Problems With Your Lawyer	8/10	(1)
9 DISCRIMINATION
A. Legal Reasons for Refusing to Rent to a Tenant	9/2	(1)
B. Sources of Discrimination Laws	9/7	(1)
C. Forbidden Types of Discrimination	9/8	(1)
D. Occupancy Limits	9/24	(1)
E. Legal Penalties for Discrimination	9/26	(1)
F. Owner-Occupied Premises and Occasional Rentals	9/27	(1)
G. Managers and Discrimination	9/28	(1)
H. Insurance Coverage for Discrimination Claims	9/29	(1)
10 COTENANTS, SUBTENANTS, AND GUESTS
A. Renting to More Than One Tenant	10/2	(1)
B. Subtenants and Sublets	10/4	(1)
C. When a Tenant Brings in a Roommate	10/5	(1)
D. If a Tenant Leaves and Assigns the Lease to Someone	10/8	(1)
11 THE LANDLORD'S DUTY TO REPAIR AND MAINTAIN THE PROPERTY
A. State and Local Housing Standards	11/3	(1)
B. Enforcement of Housing Standards	11/4	(1)
C. Maintenance of Appliances and Other Amenities	11/6	(1)
D. The Tenant's Responsibilities	11/8	(1)
E. The Tenant's Right to Repair and Deduct	11/9	(1)
F. The Tenant's Right to Withhold Rent When the Premises Aren't Habitable	11/10	(1)
G. The Landlord's Options If a Tenant Repairs and Deducts or Withholds Rent	11/13	(1)
H. The Tenant's Right to Move Out	11/16	(1)
I. The Tenant's Right to Sue for Defective Conditions	11/18	(1)
J. Avoid Rent Withholding and Other Tenant Remedies by Adopting a High-Quality Repair and Maintenance System	11/21	(1)
K. Tenant Updates and Landlord's Regular Safety and Maintenance Inspections	11/29	(1)
L. Tenants' Alterations and Improvements	11/32	(1)
M. Cable TV	11/36	(1)
N. Satellite Dishes and Other Antennas	11/36	(1)
12 THE LANDLORD'S LIABILITY FOR DANGEROUS CONDITIONS, CRIMINAL ACTS, AND ENVIRONMENTAL HEALTH HAZARDS
A. Legal Standards for Liability	12/3	(1)
B. Landlord's Responsibility to Protect Tenants From Crime	12/12	(1)
C. How to Protect Your Tenants From Criminal Acts While Also Reducing Your Potential Liability	12/17	(1)
D. Protecting Tenants From Each Other (and From the Manager)	12/23	(1)
E. Landlord Liability for Drug-Dealing Tenants	12/26	(1)
F. Liability for Environmental Hazards	12/30	(1)
G. Liability, Property, and Other Types of Insurance	12/50	(1)
13 LANDLORD'S RIGHT OF ENTRY AND TENANT'S PRIVACY
A. The Landlord's Right of Entry	13/3	(1)
B. Entry by Others	13/10	(1)
C. Other Types of Invasions of Privacy	13/11	(1)
D. What to Do When Tenants Are Unreasonable	13/13	(1)
E. Tenants' Remedies If a Landlord Acts Illegally	13/14	(1)
14 RAISING RENTS AND CHANGING OTHER TERMS OF TENANCY
A. Basic Rules to Change or End a Tenancy	14/2	(1)
B. Rent Increase Rules	14/3	(1)
C. Preparing a Notice to Raise Rent	14/8	(1)
D. How the Notice Is Served on the Tenant	14/8	(1)
E. When the Rent Increase Takes Effect	14/11	(1)
F. Changing Terms Other Than Rent	14/11	(1)
15 RETALIATORY RENT INCREASES AND EVICTIONS
A. Types of Retaliation That Are Prohibited	15/2	(1)
B. Proving Retaliation	15/3	(1)
C. Avoiding Charges of Retaliation	15/4	(1)
D. Liability for Illegal Retaliation	15/10	(1)
16 THE THREE-DAY NOTICE TO PAY RENT OR QUIT
A. When to Use a Three-Day Notice	16/2	(1)
B. How to Determine the Amount of Rent Due	16/2	(1)
C. How to Fill Out a Three-Day Notice	16/5	(1)
D. Serving the Three-Day Notice on the Tenant	16/7	(1)
E. If the Tenant Offers to Pay Rent	16/10	(1)
F. If the Tenant Won't Pay Rent (or Leave)	16/11	(1)
17 SELF-HELP EVICTIONS, UTILITY TERMINATIONS, AND TAKING TENANTS' PROPERTY
A. Forcible Evictions	17/2	(1)
B. Locking or Driving the Tenant Out Without Force	17/3	(1)
C. Seizing the Tenant's Property and Other Harassment	17/4	(1)
D. Effect of Landlord's Forcible Eviction on a Tenant's Liability for Rent	17/5	(1)
18 TERMINATING TENANCIES
A. The 30-, 60-, or 90-Day Notice	18/3	(1)
B. The Three-Day Notice in Cities That Don't Require Just Cause for Eviction	18/11	(1)
C. Termination When Just Cause for Eviction Is Required	18/18	(1)
D. Termination When No Notice Is Required	18/26	(1)
E. Notifying Tenant of Initial Move-Out Inspection	18/26	(1)
19 WHEN A TENANT LEAVES: MONTH-TO-MONTH TENANCIES, FIXED-TERM LEASES, ABANDONMENT, AND DEATH OF TENANT
A. Termination of Month-to-Month Tenancies	19/2	(1)
B. Termination of Fixed-Term Leases	19/5	(1)
C. Termination by Tenant Abandoning Premises	19/8	(1)
D. What to Do When Some Tenants Leave and Others Stay	19/11	(1)
E. Death of a Tenant	19/12	(1)
20 RETURNING SECURITY DEPOSITS
A. Basic Rules for Returning Deposits	20/3	(1)
B. Initial Move-Out Inspection and Right to Receipts	20/4	(1)
C. Final Inspection	20/13	(1)
D. Deductions for Cleaning and Damages	20/14	(1)
E. Deductions for Unpaid Rent	20/16	(1)
F. Preparing an Itemized Statement of Deductions	20/18	(1)
G. Small Claims Lawsuits by the Tenant	20/23	(1)
H. If the Deposit Doesn't Cover Damage and Unpaid Rent	20/29	(1)
21 PROPERTY ABANDONED BY A TENANT
A. Handling, Storing, and Disposing of Personal Property	21/2	(1)
B. Motor Vehicles Left Behind	21/7	(112)
APPENDIX A HOW TO USE THE CD-ROM
A. Installing the Form Files Onto Your Computer	A/2
B. Using the Word Processing Files to Create Documents	A/3
C. Using PDF Files to Print Out Forms	A/4
APPENDIX B TEAR-OUT FORMS
APPENDIX C RENT CONTROL CHART