TABLE OF CONTENTS
The California Landlord's Legal Companion 1
California-Specific Legal Information 1
California Legal Forms and Notices 1
California Rent Control Rules 1
How (and Why) to Use This Book 2
Evicting a Tenant 2
Renting Out a Condo or Townhouse 2
Who Should Not Use This Book 2
Chapter 1
Renting Your Property: How to Choose Tenants
and Avoid Legal Pitfalls 5
Adopt a Rental Plan and Stick to It 6
Advertising Rental Property 6
Dealing With Prospective Tenants 7
Checking Background, References, and Credit History of Potential Tenants 16
Choosing - And Rejecting - An Applicant 22
Holding Deposits 26
Chapter 2
Understanding Leases and Rental Agreements 29
Oral Agreements Are Not Recommended 31
Written Agreements: Which Is Better, a Lease or a Rental Agreement? 32
Foreign Language Note on California Leases and Rental Agreements 35
Common Legal Provisions in Lease and Rental Agreement Forms 36
How to Modify and Sign Form Agreements 54
Cosigners 58
Illegal Lease and Rental Agreement Provisions 60
Chapter 3
Basic Rent Rules 65
How Much Can You Charge? 66
When Rent Is Due 66
Where and How Rent Is Due 68
Late Charges 69
Returned Check Charges 71
Partial Rent Payments 71
Chapter 4
Rent Control 75
Property Exempt From Rent Control 77
Local Rent Control Administration 77
Registration of Rental Properties 77
Rent Formula and Individual Adjustments 78
Security Deposits 79
Certification of Correct Rent Levels by Board 79
Vacancy Decontrol 80
Tenant Protections: Just Cause Evictions 80
Rent Control Board Hearings 83
Legal Sanctions for Violating Rent Control 86
Chapter 5
Security Deposits 89
Security Deposits Must Be Refundable 90
How Landlords May Use Deposits 91
Dollar Limits on Deposits 91
How to Increase Deposit Amounts 92
Last Month's Rent 92
Interest, Accounts, and Record Keeping on Deposits 93
Insurance as a Backup to Deposits 95
When Rental Property Is Sold 95
When YouÕre Purchasing Rental Property 96
Chapter 6
Property Managers 99
Hiring Your Own Manager 100
Avoiding Legal Problems 101
Management Companies 111
An Owner's Liability for a Manager's Acts 112
Notifying Tenants of the Manager 113
Firing a Manager 114
Evicting a Manager 114
Chapter 7
Getting the Tenant Moved In 117
Inspect and Photograph the Unit 118
Send New Tenants a Move-In Letter 125
First Month's Rent and Security Deposit Checks 129
Chapter 8
Lawyers, Legal Research, Eviction Services, and Mediation 131
Legal Research Tools 132
Mediating Disputes With Tenants 135
Nonlawyer Eviction Services 136
Finding a Lawyer 137
Paying a Lawyer 138
Resolving Problems With Your Lawyer 139
Chapter 9
Discrimination 141
Legal Reasons for Refusing to Rent to a Tenant 142
Sources of Discrimination Laws 146
Forbidden Types of Discrimination 147
Occupancy Limits 161
Legal Penalties for Discrimination 163
Owner-Occupied Premises and Occasional Rentals 164
Managers and Discrimination 165
Insurance Coverage for Discrimination Claims 165
Chapter 10
Cotenants, Subtenants, and Guests 169
Renting to More Than One Tenant 170
Subtenants and Sublets 171
When a Tenant Brings in a Roommate 173
If a Tenant Leaves and Assigns the Lease to Someone 174
Chapter 11
The Landlord's Duty to Repair and Maintain the Property 177
State and Local Housing Standards 179
Enforcement of Housing Standards 180
Maintenance of Appliances and Other Amenities 183
The Tenant's Responsibilities 184
The Tenant's Right to Repair and Deduct 185
The Tenant's Right to Withhold Rent When the Premises Aren't Habitable 186
The Landlord's Options If a Tenant Repairs and Deducts or Withholds Rent 188
The Tenant's Right to Move Out 191
The Tenant's Right to Sue for Defective Conditions 193
Avoid Rent Withholding and Other Tenant Remedies by
Adopting a High-Quality Repair and Maintenance System 196
Tenant Updates and Landlord's Regular Safety and Maintenance Inspections 202
Tenants' Alterations and Improvements 205
Cable TV 209
Satellite Dishes and Other Antennas 209
Chapter 12
The Landlord's Liability for Dangerous Conditions,
Criminal Acts, and Environmental Health Hazards 215
Legal Standards for Liability 217
Landlord's Responsibility to Protect Tenants From Crime 224
How to Protect Your Tenants From Criminal Acts While
Also Reducing Your Potential Liability 229
Protecting Tenants From Each Other (and From the Manager) 235
Landlord Liability for Drug-Dealing Tenants 237
Liability for Environmental Hazards 240
Liability, Property, and Other Types of Insurance 263
Chapter 13
The Landlord's Right of Entry and Tenant's Privacy 269
The Landlord's Right of Entry 270
Entry by Others 277
Other Types of Invasions of Privacy 278
What to Do When Tenants Are Unreasonable 279
Tenants' Remedies If a Landlord Acts Illegally 280
Chapter 14
Raising Rents and Changing Other Terms of Tenancy 283
Basic Rules to Change or End a Tenancy 284
Rent Increase Rules 284
Preparing a Notice to Raise Rent 290
How to Serve the Notice on the Tenant 293
When the Rent Increase Takes Effect 294
Changing Terms Other Than Rent 295
Chapter 15
Retaliatory Rent Increases and Evictions 299
Types of Prohibited Retaliation 300
Proving Retaliation 301
Avoiding Charges of Retaliation 302
Liability for Illegal Retaliation 305
Chapter 16
The Three-Day Notice to Pay Rent or Quit 309
When to Use a Three-Day Notice to Pay Rent or Quit 310
How to Determine the Amount of Rent Due 310
Directions for Completing the Three-Day Notice to Pay Rent or Quit 313
Serving the Three-Day Notice on the Tenant 314
When the Tenant Offers to Pay Rent 318
The Tenant Moves Out 318
If the Tenant Won't Pay Rent (or Leave) 319
Chapter 17
Self-Help Evictions, Utility Terminations, and
Taking Tenants' Property 321
Forcible Evictions 322
Blocking or Driving the Tenant Out Without Force 323
Seizing the Tenant's Property and Other Harassment 324
Effect of Landlord's Forcible Eviction on a Tenant's Liability for Rent 324
Chapter 18
Terminating Tenancies 327
The 30-, 60-, or 90-Day Notice 329
The Three-Day Notice in Cities That Don't Require Just Cause for Eviction 337
Termination When Just Cause for Eviction Is Required 344
Termination Without Notice 353
The Initial Move-Out Inspection Notice 353
Chapter 19
When a Tenant Leaves: Month-to-Month Tenancies,
Fixed-Term Leases, Abandonment, and Death of a Tenant 357
Terminating Month-to-Month Tenancies 358
Terminating Fixed-Term Leases 360
Termination by Tenant Abandoning Premises 364
What to Do When Some Tenants Leave and Others Stay 367
Death of a Tenant 368
Chapter 20
Returning Security Deposits 373
Basic Rules for Returning Deposits 375
Initial Move-Out Inspection and Tenant's Right to Receipts 376
Final Inspection 385
Deductions for Cleaning and Damages 386
Deductions for Unpaid Rent 387
Preparing an Itemized Statement of Deductions 389
Small Claims Lawsuits by the Tenant 394
If the Deposit DoesnÕt Cover Damage and Unpaid Rent 399
Chapter 21
Property Abandoned by a Tenant 403
Handling, Storing, and Disposing of Personal Property 404
Motor Vehicles Left Behind 408
Appendixes
A
Rent Control Chart 411
Reading Your Rent Control Ordinance 412
Finding Municipal Codes and Rent Control Ordinances Online 413
Rent Control Rules by California City 415
B
How to Use the Interactive Forms on the Nolo Website 445
Editing RTFs 446
List of Forms Available on the Nolo Website 446
Index 449