The Landlord's Legal Guide in California

by Talamo, John; Warda, Mark

• ISBN13: 9781572481961
• ISBN10: 157248196X
• Edition: 1st
• Format: Paperback
• Copyright: 2002-04-01
• Publisher: Sphinx Pub

Summary

This practical, well-organized manual is designed to provide both legal and management information as a complete package for landlords. Topics covered in this title include federal laws with emphasis on areas of discrimination, dealing with various state and federal agencies that impact rental property and federal and state agency assistance.

Features of this new book include a complete glossary, thorough index, California state statutes and easy-to-follow eviction flowcharts. The addition of California Association of Realtors sample filled-in forms and blank, tear-out forms make this title the absolute tool for any landlord in California, new or veteran.

Author Biography

John J. Talamo is an attorney in Orange County, California. He is a graduate of the University of Notre Dame and received his law degree from the Detroit College of Law at Michigan State University Mark Warda received his J.D. from the University of Illinois in Champaign. He practiced law in Clearwater, Florida

Table of Contents

Using Self-Help Law Books	ix
Introduction	xiii
Laws That Govern Rental Property	1	(12)
California Landlord/Tenant Law
Other California Laws
Local Laws and Regulations
Federal Laws and Regulations
Doing Further Research
Conflicting Laws
Fictitious Names
Rent Control
Managers
Other Laws
Creating the Landlord/Tenant Relationship	13	(24)
Screening Prospective Tenants
Emergencies
Discrimination
Agreements to Lease
Rental Agreements and Leases
Problem Clauses
Guaranty
Options
Forms
Payment
Photos
Signatures
Backing Out of a Lease
Handling Security Deposits	37	(6)
Amount
Interest and Bank Account
Keeping the Deposit
Selling or Buying a Property
Responsibility For Maintenance	43	(6)
Landlord's Duties
Waiver of Landlord's Duties
Tenant's Duties
Tenant's Remedies
Landlord's Liabilities	49	(8)
General Rules of Landlord Liability
Accidents
Pets
Crimes against Tenants
Crimes by Tenants against Non-Tenants
Protection from Liability
Changing the Terms of the Tenancy	57	(6)
Assignment or Sublease by Tenant
Sale of Property by Landlord
Raising the Rent
Modifying the Lease
Problems During The Tenancy	63	(6)
Landlord's Access to the Premises
Violations by the Tenant
Violations by the Landlord
Destruction of the Premises
Problems At the End of the Tenancy	69	(4)
Tenant Holding Over
Damage to the Premises
Property Abandoned by Tenant
Terminating A Tenancy	73	(10)
Tenancies with No Specific Term
Expiration of Rental or Lease Term
Early Termination by Tenant
Early Termination by Landlord
Special Rules for Public Housing
Death of a Tenant
Options to Cancel
Evicting A Tenant	83	(18)
Self Help by Landlord
Settling with the Tenant
Grounds for Eviction
Terminating the Tenancy
Using an Attorney
The Person Who Sues
Forms
Court Procedures
Tenant's Appeal
Tenant's Bankruptcy
Landlord's Appeal
Satisfaction of Judgment
Money Damages and Back Rent	101	(6)
Making a Claim
Amount
Collecting Your Judgment
Self Service Storage Space	107	(2)
Applicability
Rental Agreement
Termination for Unpaid Rent
Liens
Mobile Home Parks	109	(4)
New and Changing Laws	113	(2)
Glossary	115	(8)
Appendix A: California Statutes	123	(28)
Appendix B: Eviction Flowcharts and Legal Holidays	151	(4)
Appendix C: The California Association of Realtors® (CAR) Sample Filled-In Forms	155	(22)
Appendix D: Sample Filled-In Forms	177	(22)
Appendix E: Blank Forms	199	(72)
Index	271