California Tenants' Rights

by Moskovitz, Myron; Warner, Ralph E.

• ISBN13: 9780873378086
• ISBN10: 0873378083
• Edition: 16th
• Format: Paperback
• Copyright: 2003-01-01
• Publisher: Nolo

Summary

Renting isn't what it used to be, particularly in highly competitive housing markets such as San Francisco, Berkeley and Santa Monica. Now, more than ever, it is important that tenants know their rights. This Nolo bestseller covers these rights and explains how to:- handle repair problems- protect privacy- get deposits back- fight discrimination- break a lease- deal with roommates- fight an eviction- understand rent control laws.

Table of Contents

Introduction
Some General Things You Should Know
Who Is Your Landlord?	p. 2
The Landlord Business	p. 3
Renters' Tax Credit	p. 5
Lawyers	p. 5
Typing Services	p. 7
Legal Research Notes	p. 8
Mediation	p. 11
Looking for a Place and Renting It
Get Organized	p. 2
Learn About Rental Agreements	p. 3
Fees and Deposits	p. 10
Rental Applications and Credit Reports	p. 12
How to Check a Place Over	p. 14
How to Bargain for the Best Deal	p. 18
Get All Promises in Writing	p. 19
The Landlord-Tenant Checklist	p. 21
Your Responsibilities as a Tenant	p. 21
Co-Signing Leases	p. 24
Sharing a Home
Is It Legal to Live Together?	p. 2
The Legal Obligations of Roommates to the Landlord	p. 2
The Legal Obligations of Roommates to Each Other	p. 3
Having a Friend Move In	p. 4
Guests	p. 8
All About Rent
When Is Rent Due?	p. 2
Late Charges	p. 2
Partial Rent Payments	p. 3
Rent Increases: General Law	p. 4
Rent Increase Notices	p. 4
Rent Control	p. 4
General Types of Rent Control Laws	p. 7
Rent Control Board Hearings	p. 8
What to Do If the Landlord Violates Rent Control Rules	p. 11
Specific Provisions of Rent Control Laws	p. 11
Discrimination
Forbidden Types of Discrimination	p. 2
Legal Reasons to Discriminate	p. 4
How to Tell If a Landlord Is Discriminating	p. 7
What to Do About Discrimination	p. 7
Sexual Harassment by Landlords or Managers	p. 9
The Obnoxious Landlord and Your Right to Privacy
Your Landlord's Right of Entry	p. 2
What to Do About a Landlord's Improper Entry	p. 4
Other Types of Invasions of Privacy	p. 5
Repairs and Maintenance
The Landlord's Duties	p. 2
Remedies	p. 4
Satellite Dishes and Wireless Antennas	p. 13
Injuries to a Tenant Due to Substandard Housing Conditions
Standard of Care Imposed on Landlords	p. 2
Landlord's Duty to Protect Tenant From Injury Caused by Others	p. 4
Landlord Liability for Damage to Your Property	p. 6
Breaking a Lease, Subleasing and other Leasing Problems
What Happens When the Lease Runs Out	p. 2
Subleases and Assignments	p. 2
Subleasing With the Idea of Returning Later	p. 3
How to Break a Lease	p. 4
Belongings You Leave Behind	p. 7
Security Deposits and Last Month's Rent
Amount of Deposit	p. 2
Non-Refundable Deposits	p. 3
What the Deposits May Be Used For	p. 3
Landlord's Duty to Return Deposit	p. 4
Effect of Sale of Premises on Security Deposits	p. 4
May the Landlord Increase the Security Deposit?	p. 4
Avoiding Deposit Problems	p. 5
If the Landlord Won't Return Your Deposit	p. 5
Rent Withholding as a Way to Get Deposits Back in Advance	p. 8
Interest on Security Deposits	p. 9
Last Month's Rent	p. 10
If your Landlord Demands More Money	p. 10
Evictions
Illegal Self-Help Evictions	p. 3
Illegal Retaliatory Evictions	p. 4
Overview of Eviction Procedure	p. 5
Termination of Tenancy Notices	p. 7
Your Options After a Three-Day or 30-Day Notice Is Served	p. 12
The Eviction Lawsuit	p. 12
Stopping an Eviction	p. 44
Postponing an Eviction	p. 45
Appeal From an Eviction	p. 48
After the Lawsuit--Eviction by the Sheriff	p. 48
Tenants Acting Together
Tenant Organizing	p. 2
Setting Up a Tenants' Organization	p. 3
Getting Information on the Landlord	p. 5
Tactics	p. 7
Negotiations	p. 11
The Agreement	p. 11
Renter's Insurance
Condominium Conversion
Legal Protection for Tenants	p. 2
Changing the Law	p. 4
Appendix
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