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Renting Law Chapter 27 (about 112 slides) 1

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Page 1: Renting law

Renting LawChapter 27

(about 112 slides)

1

Page 2: Renting law

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”

Page 3: Renting law

Landlord Tenant

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Page 7: Renting law

Landlord provides Tenant provides

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Page 8: Renting law

Landlord provides Tenant provides

Habitable Space

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Page 9: Renting law

Landlord provides Tenant provides

Habitable Space Rent Money

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Page 10: Renting law

Landlord receives Tenant receives

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Landlord receives Tenant receives

Rent Money

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Page 12: Renting law

Landlord receives Tenant receives

Rent Money Quiet Enjoyment

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Page 15: Renting law

“Rent” means “Lease” means

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Page 16: Renting law

“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.

Page 17: Renting law

“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.

Page 18: Renting law

“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.

Page 19: Renting law

Before you move in

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Page 20: Renting law

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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Page 22: Renting law

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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Page 24: Renting law

The “walkthrough”

• Do the electric outlets work?• Do the toilets work?• Is the hot water hot?

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Page 25: Renting law

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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Page 26: Renting law

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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Page 27: Renting law

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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Page 28: Renting law

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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Page 29: Renting law

Take pictures during “walkthrough”

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Page 30: Renting law

Before you move in

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Page 32: Renting law

Written Agreement

Duties of the landlordResponsibilities of the tenanta.k.a. “obligations”a.k.a. “covenants”

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Page 33: Renting law

10 special considerations of a rental agreement

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

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Page 34: Renting law

10 special considerations of a rental agreement

1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.

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Page 35: Renting law

10 special considerations of a rental agreement

1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.

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Page 36: Renting law

10 special considerations of a rental agreement

1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.

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Page 37: Renting law

10 special considerations of a rental agreement

1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.

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Page 38: Renting law

10 special considerations of a rental agreement

1. Pets2. 3. 4. 5. 6. 7. 8. 9. 10.

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Page 39: Renting law

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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Page 40: Renting law

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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Page 41: Renting law

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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Page 42: Renting law

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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Page 43: Renting law

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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Page 44: Renting law

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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Page 45: Renting law

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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Page 46: Renting law

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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Page 47: Renting law

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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Page 48: Renting law

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

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Let’s check www.MegansLaw.ca.gov

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Before you move in

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Page 51: Renting law

Roommates:Maybe both sign the lease…

LandlordRoommate 1

Roommate 2

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Page 52: Renting law

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?

• 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)?

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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?

Page 58: Renting law

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?

Page 59: Renting law

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?

Page 61: Renting law

Move-in Costs

• First month’s rent

Tenants pay the rent, then they live in the apartment.

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Page 63: Renting law

Security Deposit

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The tenant pays money when they move in called a “security deposit”.

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Security Deposit

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Usually equal to one month’s rent.

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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.

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Security Deposit

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If things are clean and unbroken when the tenant leaves, they will get their security deposit back.

Page 68: Renting law

TenancyMonth-to-Month (periodic tenancy)

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TenancyMonth-to-Month (periodic tenancy)

$600$600$600

$600 $600 $600back

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Page 70: Renting law

TenancyMonth-to-Month (periodic tenancy)

Lease (tenancy for years)

$600$600$600

$600 $600 $600back

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Page 71: Renting law

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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Page 76: Renting law

When can the landlord enter your apartment?

• In normal business hours• With 24 hour advanced notice• For specific reasons…

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Page 77: Renting law

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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Page 78: Renting law

Living

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If a tenant breaks something in the apartment, they should tell the landlord about it right away.

Page 79: Renting law

Living

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Accident’s happen.

Fess up right away.

Page 80: Renting law

Damage vs. “normal wear-and-tear”

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Page 81: Renting law

Damage vs. “normal wear-and-tear”

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Tenant’s pay for damage.

Landlord’s pay for wear-and-

tear.

Page 82: Renting law

Tort Liability (who is responsible?)

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Page 83: Renting law

Renting LawChapter 27

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Page 84: Renting law

Renting LawPlease take the 8-question

“Rental Law Intro Quiz”in the Assignments folder.

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Page 90: Renting law

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?

Page 91: Renting law

Transferring a Tenancy

Subletting (for part of the lease)

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Page 92: Renting law

Transferring a Tenancy

Subletting (for part of the lease)

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To “let” means to “rent”.

Page 93: Renting law

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.

Page 94: Renting law

Transferring a Tenancy

Subletting (for part of the lease)

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Subletting is generally not allowed in most rental agreements.

Page 96: Renting law

Transferring a Tenancy

Assignment (to the end of the lease)

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Page 97: Renting law

Transferring a Tenancy

Assignment (to the end of the lease)

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Assignment is generally not allowed in most rental agreements.

Page 99: Renting law

Transferring a Tenancy

Assignment (to the end of the lease)

Subletting (for part of the lease)

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Page 101: Renting law

Tenancy at Sufferance

Month-to-Month

Lease

You stayed too long!

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Page 102: Renting law

Eviction (getting kicked out)

• Didn’t pay the rent on time• Damaged the property• Prevented the quiet enjoyment of neighbors

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Page 103: Renting law

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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Page 105: Renting law

Moving out

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Page 106: Renting law

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

Page 107: Renting law

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.

Page 108: Renting law

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.

Page 109: Renting law

Security deposit returned within…

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Page 110: Renting law

Security deposit returned within…

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Page 111: Renting law

Renting LawChapter 27

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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”

Page 112: Renting law

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