The Law Offices of Peter N. Brewer, a real estate and lending law firm located in Silicon Valley, recently produced a webinar about the basic legal information that California landlords needs to know. Attorneys Henry Chuang and Ashlee D. Adkins, of the Law Offices of Peter N. Brewer, covered a number of important topics surrounding landlord and tenant law in California, including leases, deposits, and habitability issues. OUTLINE Deposit & Deposit Disputes Collecting Upfront Deposits Rules, Uses, & Return Requirements Dispute Resolution Techniques & Damages Available Habitability Issues Timeline & Urgency Reasonableness Repair & Deduct Remedy Habitable vs. Non-Habitable Determination (with Specific Violations) Methods of Dispute Resolution Leases Drafting, Terminating, Renewing, & Modifying Leases Rent Increases & Local, State, & Federal

2. DISCLAIMER
You agree, by participating in this webinar, that
the information presented does not constitute
legal advice and is being presented for
informational purposes only. You agree that no
attorney-client relationship is established or
assumed by participating in this webinar and that
the information or suggestions presented in this
broad overview may not apply to your specific
circumstances.

8. LEASE
DRAFTING
• Standard Forms
• Create Your Own

9. LEASE
DRAFTING
• Identify the Key Terms
• Occupants and Limits
• Rent Amount and Deposits
• Duration
• Notices (Entry, Termination)
• Pets
• Decide on “House Rules”
• Addendum

10. LEASE
TERMINATING
• Automatic Terminations
• 30/60 Day Notices

12. LEASE
RENEWING
• Automatic Month-to-Month
• Notice Requirement
• Executing New Leases

13. LEASE DISPUTES &
REMEDIES
• 3-day Notices
• Negotiations and Buyouts
• Unlawful Detainer Actions

15. DEFINITION OF
HABITABILITY
• Court Definition
• Green v. Superior Court (1974)
• Vagueness
• Minimum Requirements
• Court Interpretation, If Condition Is
Substantially Lacking
• Cal. Civil Code Section 1941.1

16. DEFINITION OF
HABITABILITY
• Habitable vs. Non-Habitable
• Landlord has Duty of
• IMPLIED WARRANTY OF HABITABILITY
-Green v. Superior Court
• Building Codes and State Statutes
• Includes: heat, water, plumbing, electrical,
dead bolt lock entry doors, etc.
-(Cal Civ. Code 1941.1)

18. SPECIFIC
VIOLATIONS
• Examples (NECESSITIES)
• Broken water heater
• Hole in roof
• Broken heater
• Examples (AMENITIES)
• Broken washer/dryer
• Broken AC
• Other aesthetic conditions

19. RESPONSIBILITY OF
LANDLORDS
Repairs in REASONABLE TIME
1. Tenant Notifies Landlord
2. Repair Time Depends on TYPE of
Violation
• Typically 30 days, some violations prompt
quicker attention
• Water heater (1-3 days more reasonable)
• Broken locks (24 hours reasonable)
• Broken heater in the winter
3. Comply with Statues & Codes

20. RESPONSIBILITY OF
TENANTS
Tenant Responsibility for
REASONABLE CARE
• Duty to Repair on Landlord, but Tenant
must:
1. Keep unit clean and sanitary
2. Dispose of garbage appropriately
3. Appropriate gas, electrical, plumbing use
4. No destruction, damaging, or removal of any
part of the unit
5. Use the premises only for intended purpose

21. AVAILABLE DISPUTE
REMEDIES
• Repair & Deduct Remedy
• After Neglect By Landlord, Tenant Can Use
Rent to Make Repairs
• Available Twice per any 12-month period
• Specific Notice Requirements
• See Article in Resource Library

22. AVAILABLE DISPUTE
REMEDIES
• Withholding Rent
• Violations More Severe Than Repair and
Deduct
• Threat to Tenant’s Health or Safety
• Risky: Usually End Up in Court, Complex
Calculations

23. AVAILABLE DISPUTE
REMEDIES
• Abandonment
• If Successful, Not Responsible For Future
Rent
• Seriously and Directly Affect Tenant’s
Health and Safety
• Similar Requirements to Repair and
Deduct Remedy
• Notice, Reasonable amount of time, etc.

25. RULES FOR
UPFRONT DEPOSITS
• Must be Refundable
• Deposit Maximums
• Separate Application Screening Fee and
Tenant Processing Fee Allowed

27. RULES FOR
UPFRONT DEPOSITS
• Must be Refundable
• Deposit Maximums
• Separate Application Screening Fee and
Tenant Processing Fee Allowed

28. ALLOWABLE USES FOR
DEPOSITS
• Unpaid Rent
• Cleaning of Unit
• Repair of Damages Beyond Normal Wear
and Tear
• If Permitted – Restoring Furniture or
Other Personal Property

30. REQUIREMENTS FOR
RETURNING DEPOSITS
Itemized Statement of Deductions
• Must Include Receipts for Anything Over
$125 Unless Waived
• If Work Completed by Landlord or
Landlord’s Employee, Must Included
Itemized Statements
• Good Faith Estimate for Work Not Yet
Completed

31. DEPOSIT
DISPUTES
• Process
• Informal Resolution
• Mediation
• Small Claims Court

32. DEPOSIT
DISPUTES
• Damages
• Actual Damages
• Bad Faith Penalty – Two Times the
Deposit
• Potentially Attorney Fees