Millions have relied on California Tenants' Rights since 1971! Many tenants have to deal with roommates who don't pull their weight, neighbors who routinely engage in illegal activities, landlords who don't know -- or won’t follow -- national or state laws and local rent ordinances. With California Tenants' Rights, you'll have what you need to: -understand and negotiate a lease -inspect a rental before moving in -fight discrimination -get needed repairs and maintenance -deal with a nosy landlord -break a lease with minimum fall-out -get your security deposit back -figure out rules for rent increases -fight an eviction The 16th edition of California Tenants' Rights is completely revised and updated, with expanded discussions of major and minor repairs, lead paint, mold, satellite dishes, crime, injuries and alterations. --List of Forms-- Landlord/Tenant Checklist Fixed-Term Residential Lease Month-to-Month Residential Rental Agreement Notice Requesting Repair of Premises Notice of Rent Withholding Prejudgment Claim of Right to Possession Blank Numbered Legal Paper Blank Numbered Legal Paper with Superior Court Heading Proof of Service by Mail Demurrer Points and Authorities in Support of Demurrer Notice of Hearing on Demurrer Answer - Unlawful Detainer Request to Inspect and for Production of Documents Form Interrogatories - Unlawful Detainer Settlement Agreement Demand for Jury Trial Application and Declaration for Relief from Eviction Order Granting Relief from Eviction Application and Declaration for Stay of Eviction Order Granting Stay of Eviction Notice of Appeal and Notice to Prepare Clerk's Transcript Claim of Right to Possession and Notice of Hearing Collective Bargaining Agreement

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Some General Things You Should Know A. Your Basic Right to Livable Premises All landlords are legally required to offer livable premises when they originally rent a unit, and to maintain it in that condition throughout the rental term. In legal terminology, this promise of fit housing has the lofty-sounding name "the implied warranty of habitability." The word "implied" means that by virtue of offering a residential rental, the landlord is automatically promising you a fit place to live -- even if the landlord doesn't realize it. Importantly, you have the right to a habitable rental even if you've willingly moved into a place that's clearly below habitability standards, or even if the lease or rental agreement you've signed states that the landlord doesn't have to provide a habitable unit. No California judge will accept these sleazy attempts to secure tenant "waivers," and none will uphold landlord "disclaimers." So far, your right to a livable rental probably sounds rather imprecise. What does a "fit and habitable" rental really mean? Fortunately, in California the landlord's responsibility to provide habitable housing is quite specific. The sections below give you chapter and verse from state law, building codes, and court decisions. Taken together, they form an impressive list of entitlements for tenants. 1. Fit and Habitable: State Statutes The major California law defining habitable housing is Civil Code 1941.1 and 1941.3. According to these laws, at a minimum every rental must have: effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order a water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law heating facilities that conformed with applicable law at the time of installation, maintained in good working order electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin an adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under the landlord's control floors, stairways, and railings maintained in good repair deadbolt locks on certain doors and windows (see Chapter 12 for specifics), and No lead paint hazards (deteriorated lead-based paint, lead-contaminated dust or soil, or lead-based paint disturbed without containment).

 

With California Tenants' Rights, you'll have what you need to: -understand and negotiate a lease -inspect a rental before moving in -fight discrimination -get needed repairs and maintenance -deal with a nosy landlord -break a lease with minimum fall-out -get your security deposit back -figure out rules for rent increases -fight an eviction

Introduction 1. Some General Things You Should Know A. Who Is Your Landlord? B. Renters' Tax Credit C. Lawyers D. Typing Services E. Legal Research F. Mediation 2. Looking for a Place and Renting It A. Get Organized B. Learn About Rental Agreements C. Fees and Deposits D. Rental Applications and Credit Reports E. How to Check a Place Over F. How to Bargain for the Best Deal G. Get All Promises in Writing H. The Landlord-Tenant Checklist I. Your Responsibilities as a Tenant J. Co-Signing Leases 3. Sharing a Home A. Is It Legal to Live Together? B. The Legal Obligations of Roommates to the Landlord C. The Legal Obligations of Roommates to Each Other D. Having a Friend Move In E. Guests 4. All About Rent A. When Is Rent Due? B. Late Charges C. Partial Rent Payments D. Rent Increases: General Law E. Rent Increase Notices F. Rent Control G. General Types of Rent Control Laws H. Rent Control Board Hearings I. What to Do If the Landlord Violates Rent Control Rules J. Specific Provisions of Rent Control Laws 5. Discrimination A. Forbidden Types of Discrimination B. Legal Reasons to Discriminate C. How to Tell If a Landlord Is Discriminating D. What to Do About Discrimination E. Sexual Harassment by Landlords or Managers 6. The Obnoxious Landlord and Your Right to Privacy A. Your Landlord's Right of Entry B. What to Do About a Landlord's Improper Entry C. Other Types of Invasions of Privacy 7. Major Repairs & Maintenance A. Your Basic Right to Livable Premises B. Your Repair and Maintenance Responsibilities C. Agreeing to Be Responsible for Repairs D. How to Get Action From Your Landlord: The Light Touch E. What to Do If the Landlord Won't Make Repairs 8. Minor Repairs & Maintenance A. Minor Repairs: What Are They? B. The Landlord's Responsibilities C. Agreeing to Do Maintenance D. Getting the Landlord to Make Minor Repairs E. Making Minor Repairs Yourself 9. Alterations & Satellite Dishes A. Improvements That Become Part of the Property B. Improving Your Rental Unit Without Enriching Your Landlord C. Cable TV Access D. Satellite Dishes and Other Antennas 10. Injuries on the Premises A. What to Do If You're Injured B. Is the Landlord Liable? C. If You're at Fault, Too D. How Much Money You're Entitled To 11. Environmental Hazards A. Asbestos B. Lead C. Radon D. Carbon Monoxide E. Mold 12. Crime on the Premises A. The Landlord's Basic Duty to Keep You Safe B. Problems With Other Tenants C. Illegal Activity on the Property and Nearby D. Getting Results From the Landlord E. Protecting Yourself 13. Breaking a Lease, Subleasing, and Other Leasing Problems A. What Happens When the Lease Runs Out B. Subleases and Assignments C. Subleasing With the Idea of Returning Later D. How to Break a Lease E. Belongings You Leave Behind 14. Security Deposits and Last Month's Rent A. Amount of Deposit B. Nonrefundable Deposits C. What the Deposits May Be Used For D. Landlord's Duty to Return Deposit E. Effect of Sale of Premises on Security Deposits F. May the Landlord Increase the Security Deposit? G. Avoiding Deposit Problems H. If the Landlord Won't Return Your Deposit I. Rent Withholding as a Way to Get Deposits Back in Advance J. Interest on Security Deposits K. Last Month's Rent L. If Your Landlord Demands More Money 15. Evictions 16. Tenants Acting Together 17. Renter's Insurance 18. Condominium Conversion Appendix

Want to break a lease? The landlord won’t make needed repairs? Want to get your deposit back when you move out? The answer to these and many other questions about the magic of renting are answered in detail in California Tenant’s Rights.

 

Are you shopping for an apartment, or already renting one and wondering about repairs, your rights as a tenant or collecting a security or cleaning deposit when you move? Your legal rights and how to pursue them are spelled out in California Tenant’s Rights.

 

Janet Portman, Attorney

Ms. Portman is the Managing Editor at Nolo. She specializes in legal issues related to courts, landlords and tenants, and neighbor disputes. She is the co-author of Every Landlord's Legal Guide, Every Tenant's Legal Guide, Renters' Rights, Negotiate the Best Lease for Your Business, Leases & Rental Agreements, The California Landlord's Law Book: Rights and Responsibilities, and California Tenants' Rights. Ms. Portman received undergraduate and graduate degrees from Stanford University and a law degree from Santa Clara University. Before joining Nolo in 1994, she practiced law as a public defender.

--Products by Janet Portman, Attorney:--

Break Your Lease Without Breaking the Law

The California Landlord's Law Book: Rights & Responsibilities

California Tenants' Rights

Every Landlord's Legal Guide

Every Tenant's Legal Guide

Get Your Security Deposit Back

Landlords: How to Screen & Choose Excellent Tenants

Leases & Rental Agreements

Negotiate the Best Lease for Your Business

Renters' Rights: The Basics

 

California Tenants' Rights by Janet Portman
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