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Renting law

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  • 1. Renting Law Chapter 27 (about 112 slides) 1
  • 2. I am not a lawyer I am a high school teacherFor a complete discussion of California rental law, please see thisvery 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” 2
  • 3. Landlord Tenant 3
  • 4. Landlord TenantOwns the living space 4
  • 5. Landlord TenantOwns the living space Rents the living space 5
  • 6. Landlord Tenant 6
  • 7. Landlord provides Tenant provides 7
  • 8. Landlord provides Tenant provides Habitable Space 8
  • 9. Landlord provides Tenant provides Habitable Space Rent Money 9
  • 10. Landlord receives Tenant receives 10
  • 11. Landlord receives Tenant receives Rent Money 11
  • 12. Landlord receives Tenant receives Rent Money Quiet Enjoyment 12
  • 13. TenancyOccupation of property owned by someone else•for rent•exclusive possession•for a fixed period of time 13
  • 14. Rent or Lease? 14
  • 15. “Rent” means “Lease” means 15
  • 16. “Rent” means “Lease” meansJan Feb Mar AprMay Jun Jul AugSept Oct Nov DecTenants commit to stay for only one month at a time. 16
  • 17. “Rent” means “Lease” meansJan Feb Mar Apr Jan Feb Mar AprMay Jun Jul Aug May Jun Jul AugSept Oct Nov Dec Sept Oct Nov Dec Tenants commit toTenants commit to stay for longer than a stay for only one month, typically a month at a time. whole year at a time. 17
  • 18. “Rent” means “Lease” meansJan Feb Mar Apr Jan Feb Mar AprMay Jun Jul Aug May Jun Jul AugSept Oct Nov Dec Sept Oct Nov Dec Tenants commit toTenants commit to stay for longer than a stay for only one month, typically a month at a time. whole year at a time. 18
  • 19. Before you move in 19
  • 20. Application Screening FeeNon-refundable “screening” fee – Used by potential landlord to do credit check/background check – Not to exceed actual cost of screening 20
  • 21. The “walkthrough” 21
  • 22. The “walkthrough”• Do the electric outlets work? 22
  • 23. The “walkthrough”• Do the electric outlets work?• Do the toilets work? 23
  • 24. The “walkthrough”• Do the electric outlets work?• Do the toilets work?• Is the hot water hot? 24
  • 25. The “walkthrough”• Do the electric outlets work?• Do the toilets work?• Is the hot water hot?• Does the stove/oven work? 25
  • 26. 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? 26
  • 27. 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? 27
  • 28. 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? 28
  • 29. Take pictures during “walkthrough” 29
  • 30. Before you move in 30
  • 31. Written Agreement 31
  • 32. Written Agreement Duties of the landlord Responsibilities of the tenant a.k.a. “obligations” a.k.a. “covenants” 32
  • 33. 10 special considerations of a rental agreement1.2.3.4.5.6.7.8.9.10. 33
  • 34. 10 special considerations of a rental agreement1. Pets2.3.4.5.6.7.8.9.10. 34
  • 35. 10 special considerations of a rental agreement1. Pets2.3.4.5.6.7.8.9.10. 35
  • 36. 10 special considerations of a rental agreement1. Pets2.3.4.5.6.7.8.9.10. 36
  • 37. 10 special considerations of a rental agreement1. Pets2.3.4.5.6.7.8.9.10. 37
  • 38. 10 special considerations of a rental agreement1. Pets2.3.4.5.6.7.8.9.10. 38
  • 39. 10 special considerations of a rental agreement1. Pets2. Late charges (typically 5% of the rent)3.4.5.6.7.8.9.10. 39
  • 40. 10 special considerations of a rental agreement1. Pets2. Late charges (typically 5% of the rent)3. Number of people allowed to live there4.5.6.7.8.9.10. 40
  • 41. 10 special considerations of a rental agreement1. 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. 41
  • 42. 10 special considerations of a rental agreement1. 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. 42
  • 43. 10 special considerations of a rental agreement1. 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. 43
  • 44. 10 special considerations of a rental agreement1. 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. 44
  • 45. 10 special considerations of a rental agreement1. 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. 45
  • 46. 10 special considerations of a rental agreement1. 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. 46
  • 47. 10 special considerations of a rental agreement1. 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 47
  • 48. www.MegansLaw.ca.gov • 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 48
  • 49. Let’s check www.MegansLaw.ca.gov 49
  • 50. Before you move in 50
  • 51. Roommates: Maybe both sign the lease…Roommate 1 LandlorRoommate 2 d 51
  • 52. Roommates: Maybe only one signs the lease…Roommate 1 LandlorRoommate 2 d 52
  • 53. Roommate Agreements • Can a roommate have a boyfriend stay over night? 53
  • 54. Roommate Agreements • Can a roommate have a boyfriend stay over night? • How many nights a week? 54
  • 55. Roommate Agreements • 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? 55
  • 56. Roommate Agreements • 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)? 56
  • 57. Roommate Agreements • 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? 57
  • 58. Roommate Agreements • 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? 58
  • 59. Roommate Agreements • 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? 59
  • 60. Move-in Costs • First month’s rent 60
  • 61. Move-in Costs • First month’s rent Tenants pay the rent, then they live in the apartment. 61
  • 62. Move-in Costs • First month’s rent • Security deposit 62
  • 63. Security Deposit The tenant pays money when they move in called a “security deposit”. 63
  • 64. Security Deposit Usually equal to one month’s rent. 64
  • 65. Security Deposit 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. 65
  • 66. Security Deposit If things are clean and unbroken when the tenant leaves, they will get their security deposit back. 66
  • 67. Move-in Costs • First month’s rent • Security deposit • Last month’s rent • Pet security deposit • Waterbed deposit 67
  • 68. TenancyMonth-to-Month (periodic tenancy) 68
  • 69. Tenancy Month-to-Month (periodic tenancy)$600 $600 $600 $600$600 back$600 69
  • 70. Tenancy Month-to-Month (periodic tenancy)$600 $600 $600 $600$600 back$600 Lease (tenancy for years) 70
  • 71. Tenancy Month-to-Month (periodic tenancy)$600 $600 $600 $600$600 back$600 Lease (tenancy for years)$600 $600 $600 $600 $600 $600$600 back$600 71
  • 72. Quiet Enjoyment 72
  • 73. Quiet Enjoyment Renters have the rightto the “quiet enjoyment” of their living space. 73
  • 74. Quiet EnjoymentLandlords cannot just come into your living space whenever they want to. 74
  • 75. When can the landlord enter your apartment? 75
  • 76. When can the landlord enter your apartment?• In normal business hours• With 24 hour advanced notice• For specific reasons… 76
  • 77. 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 77
  • 78. Living If a tenant breaks something in the apartment, they should tell the landlord about it right away. 78
  • 79. Living Accident’s happen. Fess up right away. 79
  • 80. Damage vs. “normal wear-and-tear” 80
  • 81. Damage vs. “normal wear-and-tear”Tenant’s pay for damage. Landlord’s pay for wear-and- 81
  • 82. Tort Liability (who is responsible?) 82
  • 83. Renting Law Chapter 27 83
  • 84. Renting LawPlease take the 8-question “Rental Law Intro Quiz”in the Assignments folder. 84
  • 85. Landlord Tenant 85
  • 86. Tenant 86
  • 87. TenantLet’s say thetenant’s aregoing to CostaRica for threemonths to workon a Peace Corpsproject… 87
  • 88. TenantLet’s say thetenant’s aregoing to CostaRica for threemonths to workon a Peace Corpproject…do theystill have to paythe rent? 88
  • 89. TenantAre they allowed toconvince a friend torent their apartmentfor three months (untilthey get back)? 89
  • 90. TenantAre they allowed toconvince a friend torent their apartmentfor three months (untilthey get back)?Or can they move alltheir belongings to astorage locker and thenrent their apartment toa total stranger? 90
  • 91. Transferring a TenancySubletting (for part of the lease) 91
  • 92. Transferring a Tenancy Subletting (for part of the lease)To “let” means to “rent”. 92
  • 93. Transferring a Tenancy Subletting (for part of the lease)To “let” means to “rent”.To “sublet” means the renter rents to a third party. 93
  • 94. Transferring a Tenancy Subletting (for part of the lease)Subletting is generally not allowed in most rentalagreements. 94
  • 95. TenantLet’s say the tenant’sdon’t plan to comeback from CostaRica…can theytransfer theremainder of theirrental contract tosomeone else? 95
  • 96. Transferring a TenancyAssignment (to the end of the lease) 96
  • 97. Transferring a TenancyAssignment (to the end of the lease)Assignment is generally not allowed in most rentalagreements. 97
  • 98. Transferring a TenancyTwo ways totransfer atenancy… 98
  • 99. Transferring a TenancySubletting (for part of the lease)Assignment (to the end of the lease) 99
  • 100. TenantWhat if thetenants don’tmove out at theend of theirlease? 100
  • 101. Tenancy at SufferanceMonth-to-Month You stayed too long!Lease 101
  • 102. Eviction (getting kicked out)• Didn’t pay the rent on time• Damaged the property• Prevented the quiet enjoyment of neighbors 102
  • 103. Eviction (getting kicked out)Landlord needs a court order to lock a tenant out. 103
  • 104. “Constructive Eviction”Criminal landlords might shut off the electricity orgas or water to try to get a tenant to move out.This action by a landlord is NOT legal. 104
  • 105. Moving out 105
  • 106. ≥ 30 day November 15, 2013 written Dear Mr. Hardin, and I’ll be moving out of the dated apartment on January 1, 2014. My new address will be:notice to 3121 West Lanelandlord Lodi, 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 106
  • 107. Security Deposit If a tenant leaves damage or a mess, the landlord may keep some or all of their security deposit. 107
  • 108. Return of security deposit No damage or trash left behind? The landlord will return the security deposit within 21 calendar days from the day of move out. 108
  • 109. Security deposit returned within… 109
  • 110. Security deposit returned within… 110
  • 111. Renting Law Chapter 27For a complete discussion of California rental law, please see thisvery 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” 111
  • 112. 112

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