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 17th edition is completely updated with the latest laws and official legal forms, and now covers the new bankruptcy rules and how it affects evictions.
Major Repairs and Maintenance
Introduction
Everywhere in California, you are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair. But suppose a landlord comes up short? When landlords fail to take care of important maintenance, you may have the legal right to use the "big sticks" in a tenant's arsenal -- the rights to:
withhold rent
pay for repairs yourself and deduct the cost from the rent
sue the landlord, or
move out without notice.
This chapter describes your right to basic, important things, such as hot water, a floor that will not collapse under your feet, decent heat, and a roof that doesn't leak -- in other words, your right to a safe and livable home. It also provides practical advice on how to get a reluctant landlord to perform needed repairs (and how to get them done yourself, using the big sticks mentioned above, if the landlord refuses). Less important maintenance and repair issues -- such as unclogging kitchen drains or mowing the front lawn -- are covered in the next chapter.
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.
Synopsis
Millions have relied on California Tenants' Rights since 1971!
Table of Contents
Introduction
1. Some General Things You Should Know
Who Is Your Landlord?
Renters' Tax Credit
Lawyers
Typing Services
Legal Research
Mediation
2. Looking for a Place and Renting It
Get Organized
Learn About Rental Agreements
Fees and Deposits
Rental Applications and Credit Reports
How Landlords Must Handle Your Credit Information
How to Check a Place Over
How to Bargain for the Best Deal
Get All Promises in Writing
The Landlord-Tenant Checklist
Your Responsibilities as a Tenant
Cosigning Leases
3. Sharing a Home
Is It Legal to Live Together?
The Legal Obligations of Roommates to the Landlord
The Legal Obligations of Roommates to Each Other
Having a Friend Move In
Guests
4. All About Rent
When Is Rent Due?
Late Charges
Partial Rent Payments
Rent Increases
Rent Increase Notices
Rent Control and Eviction Protection
General Types of Rent Control Laws
Rent Control Board Hearings
What to Do If the Landlord Violates Rent Control Rules
Rent Control Laws
5. Discrimination
Forbidden Types of Discrimination
Legal Reasons to Discriminate
How to Tell If a Landlord Is Discriminating
What to Do About Discrimination
Sexual Harassment by Landlords or Managers
6. The Obnoxious Landlord and Your Right to Privacy
7. Major Repairs & Maintenance
8. Minor Repairs & Maintenance
9. Alterations & Satellite Dishes
10. Injuries on the Premises
11. Environmental Hazards
12. Crime on the Premises
13. Breaking a Lease, Subleasing, and Other Leasing Problems
14. Security Deposits and Last Month's Rent
15. Evictions
16. Tenants Acting Together
17. Renter's Insurance
18. Condominium Conversion
A. Appendix
Forms to use when your tenancy begins
Landlord-Tenant Checklist
Fixed-Term Residential Lease
Month-to-Month Residential Rental Agreement
Forms to use during your tenancy
Notice to Repair
Notice of Rent Withholding
Collective Bargaining Agreement
Forms to use when fighting an eviction
Application for Waiver of Court Fees and Costs
Information Sheet on Waiver of Court Fees and Costs
Order on Application for Waiver of Additional Court Fees and Costs
Prejudgment Claim to Right of 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
Forms to use if you lose an eviction
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
Index
Reviews
Oakland Tribune...
"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."
San Diego Union-Tribune...
"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."
San Francisco Bay Guardian...
"Who said that attorneys can’t drop the legalese and talk from the gut? Here is some straight talk on how to protect yourself from your landlord before you move in, then what to do when he turns mean."
About the Author
Ms. Portman is the Managing Editor at Nolo. She specializes in residential and commercial landlord/tenant law, legal issues related to courts, landlords and tenants, and neighbor disputes. She is the co-author of Every Landlord's Legal Guide, Every Landlord's Guide to Finding Great Tenants, 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.
