renting law
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Renting LawChapter 27
(about 112 slides)
1
I am not a lawyerI am a high school teacher
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For a complete discussion of California rental law, please see this very handy and informative 122-page publication: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
“California Tenants A guide to residential tenants’ and landlords’ rights and responsibilities”
Landlord Tenant
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Landlord Tenant
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Owns the living space
Landlord Tenant
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Owns the living space Rents the living space
Landlord provides Tenant provides
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Landlord provides Tenant provides
Habitable Space
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Landlord provides Tenant provides
Habitable Space Rent Money
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Landlord receives Tenant receives
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Landlord receives Tenant receives
Rent Money
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Landlord receives Tenant receives
Rent Money Quiet Enjoyment
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Tenancy
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Occupation of property owned by someone else•for rent•exclusive possession•for a fixed period of time
“Rent” means “Lease” means
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“Rent” means “Lease” means
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Jan Feb Mar Apr
May Jun Jul Aug
Sept Oct Nov Dec
Tenants commit to stay for only one month at a time.
“Rent” means “Lease” means
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Jan Feb Mar Apr
May Jun Jul Aug
Sept Oct Nov Dec
Jan Feb Mar Apr
May Jun Jul Aug
Sept Oct Nov Dec
Tenants commit to stay for only one month at a time.
Tenants commit to stay for longer than a
month, typically a whole year at a time.
“Rent” means “Lease” means
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Jan Feb Mar Apr
May Jun Jul Aug
Sept Oct Nov Dec
Jan Feb Mar Apr
May Jun Jul Aug
Sept Oct Nov Dec
Tenants commit to stay for only one month at a time.
Tenants commit to stay for longer than a
month, typically a whole year at a time.
Before you move in
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Application Screening Fee
Non-refundable “screening” fee–Used by potential
landlord to do credit check/background check–Not to exceed actual
cost of screening
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The “walkthrough”
• Do the electric outlets work?
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The “walkthrough”
• Do the electric outlets work?• Do the toilets work?
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The “walkthrough”
• Do the electric outlets work?• Do the toilets work?• Is the hot water hot?
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The “walkthrough”
• Do the electric outlets work?• Do the toilets work?• Is the hot water hot?• Does the stove/oven work?
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The “walkthrough”
• Do the electric outlets work?• Do the toilets work?• Is the hot water hot?• Does the stove/oven work?• Does the disposal work?
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The “walkthrough”
• Do the electric outlets work?• Do the toilets work?• Is the hot water hot?• Does the stove/oven work?• Does the disposal work?• Do the doors/windows lock?
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The “walkthrough”
• Do the electric outlets work?• Do the toilets work?• Is the hot water hot?• Does the stove/oven work?• Does the disposal work?• Do the doors/windows lock?• Are there ice cube trays in the freezer?
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Take pictures during “walkthrough”
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Before you move in
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Written Agreement
Duties of the landlordResponsibilities of the tenanta.k.a. “obligations”a.k.a. “covenants”
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10 special considerations of a rental agreement
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. Late charges (typically 5% of the rent)3. 4. 5. 6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. Late charges (typically 5% of the rent)3. Number of people allowed to live there4. 5. 6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. Late charges (typically 5% of the rent)3. Number of people allowed to live there4. Utilities (gas, electricity, water, garbage)5. 6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. Late charges (typically 5% of the rent)3. Number of people allowed to live there4. Utilities (gas, electricity, water, garbage)5. Waterbed6. 7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. Late charges (typically 5% of the rent)3. Number of people allowed to live there4. Utilities (gas, electricity, water, garbage)5. Waterbed6. Subletting allowed?7. 8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. Late charges (typically 5% of the rent)3. Number of people allowed to live there4. Utilities (gas, electricity, water, garbage)5. Waterbed6. Subletting allowed?7. Yard? Who waters/mows?8. 9. 10.
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10 special considerations of a rental agreement
1. Pets2. Late charges (typically 5% of the rent)3. Number of people allowed to live there4. Utilities (gas, electricity, water, garbage)5. Waterbed6. Subletting allowed?7. Yard? Who waters/mows?8. Parking9. 10.
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10 special considerations of a rental agreement
1. Pets2. Late charges (typically 5% of the rent)3. Number of people allowed to live there4. Utilities (gas, electricity, water, garbage)5. Waterbed6. Subletting allowed7. Yard? Who waters/mows?8. Parking9. Permission for parties?10.
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10 special considerations of a rental agreement
1. Pets2. Late charges (typically 5% of the rent)3. Number of people allowed to live there4. Utilities (gas, electricity, water, garbage)5. Waterbed6. Subletting allowed7. Yard? Who waters/mows?8. Parking9. Permission for parties?10.Megan’s Law notice
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www.MegansLaw.ca.gov
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• New Jersey• Megan’s family moved
next door• Man had previously
attacked a 5-year old girl and a 7-year old girl.• Six years in prison• Lured Megan into his
house• Attacked and killed her• Megan’s teeth marks
found on his hand• She was 7
Before you move in
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Roommates:Maybe both sign the lease…
LandlordRoommate 1
Roommate 2
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Roommates:Maybe only one signs the lease…
LandlordRoommate 1
Roommate 2
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Roommate Agreements
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• Can a roommate have a boyfriend stay over night?
Roommate Agreements
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• Can a roommate have a boyfriend stay over night?
• How many nights a week?
Roommate Agreements
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• Can a roommate have a boyfriend stay over night?
• How many nights a week?• Do they pay rent if they stay more
than that many nights?
Roommate Agreements
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• Can a roommate have a boyfriend stay over night?
• How many nights a week?• Do they pay rent if they stay more
than that many nights?• Are the number of overnight guests
limited (can I have 20 people stay over)?
Roommate Agreements
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• Can a roommate have a boyfriend stay over night?
• How many nights a week?• Do they pay rent if they stay more
than that many nights?• Are the number of overnight guests
limited (can I have 20 people stay over)?
• Will dirty dishes stay in the sink overnight?
Roommate Agreements
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• Can a roommate have a boyfriend stay over night?
• How many nights a week?• Do they pay rent if they stay more
than that many nights?• Are the number of overnight guests
limited (can I have 20 people stay over)?
• Will dirty dishes stay in the sink overnight?
• Who will vacuum and how often?
Roommate Agreements
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• Can a roommate have a boyfriend stay over night?
• How many nights a week?• Do they pay rent if they stay more
than that many nights?• Are the number of overnight guests
limited (can I have 20 people stay over)?
• Will dirty dishes stay in the sink overnight?
• Who will vacuum and how often?• Are refrigerator shelves reserved for
each person?
Move-in Costs
• First month’s rent
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Move-in Costs
• First month’s rent
Tenants pay the rent, then they live in the apartment.
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Move-in Costs
• First month’s rent• Security deposit
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Security Deposit
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The tenant pays money when they move in called a “security deposit”.
Security Deposit
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Usually equal to one month’s rent.
Security Deposit
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If a tenant leaves a mess or damage when moving out, the landlord keeps some or all of the security deposit money to clean it up or get it fixed.
Security Deposit
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If things are clean and unbroken when the tenant leaves, they will get their security deposit back.
Move-in Costs
• First month’s rent• Security deposit
• Last month’s rent• Pet security deposit• Waterbed deposit
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TenancyMonth-to-Month (periodic tenancy)
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TenancyMonth-to-Month (periodic tenancy)
$600$600$600
$600 $600 $600back
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TenancyMonth-to-Month (periodic tenancy)
Lease (tenancy for years)
$600$600$600
$600 $600 $600back
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TenancyMonth-to-Month (periodic tenancy)
Lease (tenancy for years)
$600$600$600
$600 $600 $600back
$600$600$600
$600 $600 $600 $600 $600back
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Quiet Enjoyment
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Renters have the right to the “quiet enjoyment”
of their living space.
Quiet Enjoyment
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Landlords cannot just come into your living space whenever they want to.
When can the landlord enter your apartment?
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When can the landlord enter your apartment?
• In normal business hours• With 24 hour advanced notice• For specific reasons…
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Specific reasons to enter the apartment:
• Emergency• Make necessary repairs• Make agreed repairs• Show rental to prospective tenants or
purchasers• Tenant has abandoned or vacated the
premises• Pursuant to court order
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Living
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If a tenant breaks something in the apartment, they should tell the landlord about it right away.
Living
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Accident’s happen.
Fess up right away.
Damage vs. “normal wear-and-tear”
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Damage vs. “normal wear-and-tear”
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Tenant’s pay for damage.
Landlord’s pay for wear-and-
tear.
Tort Liability (who is responsible?)
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Renting LawChapter 27
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Renting LawPlease take the 8-question
“Rental Law Intro Quiz”in the Assignments folder.
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Tenant
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Let’s say the tenant’s are going to Costa Rica for three months to work on a Peace Corps project…
Tenant
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Let’s say the tenant’s are going to Costa Rica for three months to work on a Peace Corp project…do they still have to pay the rent?
Tenant
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Are they allowed to convince a friend to rent their apartment for three months (until they get back)?
Tenant
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Are they allowed to convince a friend to rent their apartment for three months (until they get back)?
Or can they move all their belongings to a storage locker and then rent their apartment to a total stranger?
Transferring a Tenancy
Subletting (for part of the lease)
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Transferring a Tenancy
Subletting (for part of the lease)
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To “let” means to “rent”.
Transferring a Tenancy
Subletting (for part of the lease)
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To “let” means to “rent”.To “sublet” means the renter rents to a third party.
Transferring a Tenancy
Subletting (for part of the lease)
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Subletting is generally not allowed in most rental agreements.
Tenant
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Let’s say the tenant’s don’t plan to come back from Costa Rica…can they transfer the remainder of their rental contract to someone else?
Transferring a Tenancy
Assignment (to the end of the lease)
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Transferring a Tenancy
Assignment (to the end of the lease)
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Assignment is generally not allowed in most rental agreements.
Transferring a Tenancy
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Two ways to transfer a tenancy…
Transferring a Tenancy
Assignment (to the end of the lease)
Subletting (for part of the lease)
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Tenant
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What if the tenants don’t move out at the end of their lease?
Tenancy at Sufferance
Month-to-Month
Lease
You stayed too long!
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Eviction (getting kicked out)
• Didn’t pay the rent on time• Damaged the property• Prevented the quiet enjoyment of neighbors
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Eviction (getting kicked out)
Landlord needs a court order to lock a tenant out.
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“Constructive Eviction”
Criminal landlords might shut off the electricity or gas or water to try to get a tenant to move out.
This action by a landlord is NOT legal.
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Moving out
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30 day written
and dated
notice to landlord
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November 15, 2013
Dear Mr. Hardin,
I’ll be moving out of the apartment on January 1, 2014. My new address will be:3121 West LaneLodi, CA 95242
I’ve had a great time here and thank you so much for the help you’ve given me while I was here.
Mark Lushenko
Security Deposit
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If a tenant leaves damage or a mess, the landlord may keep some or all of their security deposit.
Return of security deposit
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No damage or trash left behind? The landlord will return the security deposit within 21 calendar days from the day of move out.
Security deposit returned within…
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Security deposit returned within…
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Renting LawChapter 27
111
For a complete discussion of California rental law, please see this very handy and informative 122-page publication: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
“California Tenants A guide to residential tenants’ and landlords’ rights and responsibilities”
112
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