Landlord Tenantv 1
Landlord Tenantv 1
Landlord Tenantv 1
INTRODUCTION
With the average price of buying a home in San
Bernardino County being near $300,000, many families are
forced to rent places to live. Combining with that mobile
lifestyles and fluctuating unemployment levels, the issue of
landlord/tenant law moves to the forefront. More than
ever, the need for Self-Help Centers is being felt. By
assisting both landlord and tenants, our services provide
more efficient ways to move cases through the court
system.
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Landlord Tenant Law – The Landlord’s Perspective
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Landlord Tenant Law – The Landlord’s Perspective
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Landlord Tenant Law – The Landlord’s Perspective
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Landlord Tenant Law – The Landlord’s Perspective
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Landlord Tenant Law – The Landlord’s Perspective
LANDLORD RESPONSIBILITIES
Protect Tenants from Crime
(A landlord owes a duty to take responsible
measures to protect tenants and visitors from
foreseeable assault. If a landlord’s negligence
results in injury to a tenant from a criminal act from
a stranger, another tenant, or an employee, the
landlord may be liable. This is a tricky area of law
and tenants/landlords should be directed to private
counsel for further information.)
Disclosure of Environmental Hazards
(Asbestos, Lead-based paint, periodic pest control
treatments, carcinogenic material, illegal controlled
substances, methamphetamine contamination,
demolition permit, military base or explosives,
death in the rental unit, and condominium
conversion projects.)
Provide Habitable Rental Unit (Civil Code Section
1941)
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Landlord Tenant Law – The Landlord’s Perspective
SECURITY DEPOSITS
At the beginning of the tenancy, the landlord has the
right and will most likely require a security deposit to be
paid. The landlord can use the security for rent if the tenant
moves out owing rent. The landlord can also use the
security deposit to cover damage to the rental beyond
normal wear and tear, and for cleaning. (Under California
Law, a lease or rental agreement cannot say that a security
deposit is non-refundable, CCP §1950.5(m).)
Almost all landlords charge tenants a security deposit.
The security deposit may be called “last month’s rent,”
“security deposit,” “pet deposit,” “key fee,” or “cleaning
fee.” The security deposit may be a combination of last
month’s rent plus a specific amount for security. No matter
what these payments or fees are called, the law considers
them all, as well as any deposit or charge, to be part of the
security deposit. The only exception is the application
screening fee. This may not be considered part of the
security deposit.
*Note: It is not recommended to name the security deposit
“last month’s rent” unless the landlord and tenant intend to
be held to it.
The security deposit may be used by the landlord “in
only those amounts as may be reasonably necessary” to do
the following:
To remedy defaults in payments of rent.
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Landlord Tenant Law – The Landlord’s Perspective
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Landlord Tenant Law – The Landlord’s Perspective
HABITABILITY
A rental unit must be fit to live in; that is, it must be
habitable. In legal terms, a “habitable” rental unit is fit for
occupation by human beings and it substantially compiles
with state and local building and health codes.
California law makes landlords and tenants each
responsible for certain kinds of repairs, although landlords
ultimately are legally responsible for assuring that the
rental units are habitable.
There are many kinds of defects which could make a
rental unit unlivable. The implied warrant of habitability
requires landlords to maintain their rental units in a
condition for the occupation of rental units. (CCP Section
1941.) A rental unit may be considered uninhabitable if it
contains a lead hazard that endangers the occupants or the
public, or is substandard building. (Examples: a structural
hazard, inadequate sanitation, or a nuisance that endangers
the health, life, safety, property, or welfare of the occupants
or the public.)
A dwelling may also be considered uninhabitable if it
substantially lacks any of the following:
Effective water-proofing and weather protection of
roof and exterior walls, including unbroken
windows and doors.
Plumbing facilities in good working order,
including cold and hot running water connected to a
sewage disposable system.
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Landlord Tenant Law – The Landlord’s Perspective
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Landlord Tenant Law – The Landlord’s Perspective
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Landlord Tenant Law – The Landlord’s Perspective
TYPES OF NOTICES
3-Day Landlords can use this notice when the
Notice to tenant is behind on the rent.
Pay Rent or The notice must:
Quit
Be in writing,
Say the full name of the tenant or
tenants,
Say the address the notice is about,
Say exactly how much rent the tenant
owes* (the notice can't go back more
than 1 year, even if the tenant owes
back rent for a longer time),
Have the dates the overdue rent is
for,
Say that this rent must be paid in full
within 3 days of receiving this notice
or the tenant must move out,
Say the days and times the tenant can
pay the rent s/he owes, and the
address s/he can pay it at,
If the tenant can pay the back rent by
mail, give the address the tenant
should send the money to, and
Have the landlord's signature and the
date of the notice.
* The notice must NOT include other money
the tenant owes, like late fees, interest,
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Landlord Tenant Law – The Landlord’s Perspective
utilities, or damages.
3-Day Landlords can use this kind of notice if
Notice to the tenant is breaking the lease or rental
Perform agreement and the problem can be fixed. For
Covenants example, if the tenant is subletting the unit,
or Quit not keeping the unit clean or violating some
other term of the agreement, the notice must
ask the tenant to correct the violation within
3 days or move out.
The notice must:
Be in writing
Say the full name of the tenant or
tenants,
Have the address the notice is about,
Say what the tenant did to break the
lease,
Say the tenant has the chance to fix
the problem or move out in 3 days,
and
Have the landlord's signature and
date of the notice.
3-Day This kind of notice is used if there have
Notice to been ongoing problems with the tenant who:
Quit
Causes or allows a "nuisance" on the
property,
Uses the property to do something
illegal (like sell drugs),
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Landlord Tenant Law – The Landlord’s Perspective
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Landlord Tenant Law – The Landlord’s Perspective
tenants,
Have the address the notice is about,
Say that the month-to-month tenancy
will end in 30 days if the landlord is
giving a 30-day notice or in 60 days
if s/he is giving a 60-day notice, and
Have the landlord's signature and
date of the notice.
*In rent-controlled cities, a landlord can not
cancel a month-to-month tenancy for just
any reason. The landlord must find out if the
unit is in a rent-controlled city, and if so,
whether the landlord has the right to evict the
tenant. Currently, there are no such cities
in our County.
90-Day A landlord must use this kind of notice
Notice to if the tenant is in subsidized housing (Section
Quit 8). The landlord must explain why she or he
is asking the tenant to move out. The
landlord must have a good reason (“just
cause”) during the first year of tenancy.
After one year, the landlord does not need a
reason to evict, they just cannot have a bad
one, such as retaliation after exercising a
legal right. *Note: A three-day notice can be
used by the landlord for non-payment of
rent.
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Landlord Tenant Law – The Landlord’s Perspective
SERVICE OF NOTICES
The landlord has to serve the notice on the tenant or
tenants properly. The landlord can do it him or herself, or
s/he can ask a friend to do it. The landlord can also hire a
process server. The person who serves the notice must be at
least 18 years old.
There are 3 ways to serve the notice:
Personal service: The landlord or someone else
gives the notice directly to the tenant in person.
Substitute service: If the tenant isn't home, the
landlord can leave the notice with someone else at
least 18 who is at the house AND then mail a
second copy to the tenant at the property.
"Nail and Mail" (posting) service: If there is no one
home to leave the papers with, the landlord can tape
or nail the notice to the front door or somewhere
where it can be seen easily, AND send a copy by
mail to the tenant at the property.
Section 8 service also requires that the housing
authority be served.
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Landlord Tenant Law – The Landlord’s Perspective
DEFAULT JUDGMENT
First, the landlord must make sure that the tenant's
time to respond is over.
Then, the landlord must ask the court to make an order
in his/her favor. This is called a "default judgment" and it
means the tenant won't be able to fight the case in court.
To do this, the landlord must fill out and file these
forms:
Request for Entry of Default (CIV-100)
Judgment-Unlawful Detainer (UD-110)
Declaration for Default Judgment by Court (UD-
116)
Writ of Execution (or Writ of Possession) (EJ-130)
If there is more than one defendant in the case, the
landlord can ask for a default against the ones that have not
responded.
If the landlord wants to get an order giving him/her
possession of the property right away, s/he can first just ask
for a Clerk's Judgment for Possession. The landlord can do
that on form UD-110, the Judgment.
The landlord won't be able to include back rent in this
Clerk's Judgment, but if the clerk confirms that the landlord
has done everything correctly, s/he can process it and give
it to the landlord very quickly. With the Judgment for
Possession, the landlord can get the Writ of Execution,
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Landlord Tenant Law – The Landlord’s Perspective
APPEAL
The landlord may appeal a decision by the trial court
or start the proceedings for a new unlawful detainer action.
BANKRUPTCY
If a tenant files for bankruptcy, the landlord has the
option to file a Motion for Relief from Automatic Stay;
however, this is a complicated procedure and a customer
should be advised to consult a private attorney.
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Landlord Tenant Law – The Landlord’s Perspective
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