11th edition The California Landlord’s Law Book: Rights and Responsibilities by Attorneys David Brown, Ralph Warner & Janet Portman always up to date The law changes, but Nolo is always on top of it! We offer several ways to make sure you and your Nolo products are always up to date: Nolo’s Legal Updater We’ll send you an email whenever a new edition of your book is published! Sign up at www.nolo.com/legalupdater Updates @ Nolo.com Check www.nolo.com/updates to find recent changes in the law that affect the current edition of your book Nolo Customer Service To make sure that this edition of the book is the most recent one, call us at 800-728-3555 and ask one of our friendly customer service representatives Or find out at www.nolo.com NOLO please note We believe accurate and current legal information should help you solve many of your own legal problems on a cost-efficient basis But this text is not a substitute for personalized advice from a knowledgeable lawyer If you want the help of a trained professional, consult an attorney licensed to practice in your state NOLO 11th edition The California Landlord’s Law Book: Rights and Responsibilities by Attorneys David Brown, Ralph Warner & Janet Portman ELEVENTH EDITION JANUARY 2005 Editor JANET PORTMAN Book Design STEPHANIE HAROLDE JACKIE MANCUSO Cover Design KEN ARMISTEAD Production SARAH HINMAN Proofreading ROBERT WELLS Index MICHAEL FERREIRA CD-ROM Preparation ANDRÉ ZIVKOVICH Printing DELTA PRINTING SOLUTIONS, INC Brown, David Wayne, 1949The California landlord’s law book Rights and responsibilties / by David Brown, Ralph Warner & Janet Portman. 11th ed p cm Includes index ISBN 1-4133-0141-X (alk paper) Landlord and tenant California Popular works I Title: Landlord’s law book II Title: Rights and responsibilities III Warner, Ralph E IV Portman, Janet V Title KFC145.Z9B73 2005 346.79404'34 dc22 2004059982 Copyright © 1985, 1987, 1991, 1994, 1996, 1998, 2001, 2002, 2003, 2004, and 2005 by David Brown ALL RIGHTS RESERVED Printed in the USA No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission Reproduction prohibitions not apply to the forms contained in this product when reproduced for personal use For information on bulk purchases or corporate premium sales, please contact the Special Sales Department For academic sales or textbook adoptions, ask for Academic Sales Call 800-955-4775 or write to Nolo at 950 Parker Street, Berkeley, CA 94710 thank you This book could not have been published without the generous assistance of many people A special thank you to Stephanie Harolde, who, in addition to word processing virtually the entire manuscript, made numerous helpful suggestions, nearly all of which were incorporated Steve Elias, Carol Pladsen and Carol Marciel also made extremely helpful comments and suggestions We would also like to acknowledge the generous help of Mike Mansel, a commercial insurance specialist in Walnut Creek; Joe Kelly, President of K&S Company, specialists in property management; D J Soviero, an attorney specializing in landlord/tenant law based in San Francisco; Jo Biel, a legal administrator with Eviction Assistance in San Francisco; Ira Serkes, a Berkeley Realtor with RE/MAX; and Bradley Booth, Assistant Chief Counsel, Department of Fair Employment and Housing Thanks, too, to Darlene Hopper and Coral Swain for their assistance in typing the earlier and later manuscripts, respectively Special thanks to Marcia Stewart, Mary Randolph, Patricia Gima and Lisa Goldoftas Thanks also to Terri Hearsh, Barbara Hodovan, Amy Ihara, Robin Leonard, Jackie Mancuso, Ely Newman, André Zivkovich, John O’Donnell, Kate Thill, Sayre Van Young, Erica Etelson and, especially, Ken Armistead, who was responsible for the wonderful front cover design about the authors David Brown practices law in the Monterey, California, area, where he has represented both landlords and tenants in hundreds of court cases—most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law Brown, a graduate of Stanford University (chemistry) and the University of Santa Clara Law School, and is the author of Fight Your Ticket, Beat Your Ticket and The California Landlord’s Law Book: Evictions and the co-author of The Guardianship Book Ralph Warner is founder and publisher of Nolo, and an expert on landlord/tenant law Ralph has been a landlord, a tenant, and, for several years, a property manager Having become fed up with all these roles, he bought a single-family house Janet Portman, an attorney and Nolo’s Managing Editor, received undergraduate and graduate degrees from Stanford and a law degree from Santa Clara University She is an expert on landlord-tenant law and the coauthor of Every Tenant’s Legal Guide, Renters’ Rights, Leases & Rental Agreements and Leasing Space for Your Small Business about the illustrator Linda Allison was born before the invention of the computer and has been one step ahead of the game ever since There is absolutely no truth to the rumor that she just sits around the house all day and makes little drawings contents INTRODUCTION RENTING YOUR PROPERTY: HOW TO CHOOSE TENANTS AND AVOID LEGAL PITFALLS A Adopt a Rental Plan and Stick to It 1/2 B Advertising Rental Property 1/2 C Dealing With Prospective Tenants 1/3 D Checking Background, References, and Credit History of Potential Tenants 1/12 E Choosing—and Rejecting—an Applicant 1/18 F Holding Deposits 1/21 UNDERSTANDING LEASES AND RENTAL AGREEMENTS A Oral Agreements Are Not Recommended 2/2 B Written Agreements: Which Is Better, a Lease or a Rental Agreement? 2/3 C Common Legal Provisions in Lease and Rental Agreement Forms 2/7 D How to Modify and Sign Form Agreements 2/32 E Cosigners 2/34 F Illegal Lease and Rental Agreement Provisions 2/35 BASIC RENT RULES A How Much Can You Charge? 3/2 B When Rent Is Due 3/3 C Where and How Rent Is Due 3/4 D Late Charges 3/6 E Returned Check Charges 3/7 F Partial Rent Payments 3/8 INDEX / T HE C ALIFORNIA L ANDLORD ’ S L AW B OOK : R IGHTS & R ESPONSIBILITIES Time Estimate for Repair form, 11/26, 11/27 time for responding to complaints, 11/24 Repair orders, failure to comply with, 11/6 Repair-and-deduct rights landlord’s options, 11/13–14 restrictions on, 11/9–10 waiver of, 2/37 Residential Rental Property Manager Memorandum, 6/6–9 Retaliatory rent increases and evictions, 15/2–12 avoiding charges of, 15/4–9 landlord’s liability for, 15/10–12 proving retaliation, 15/3–4 termination of tenancy and, 18/4 types prohibited, 15/2–3 Returned check charges, 3/7–8 in the agreement, 2/15 Right of entry, 13/2–15 in the agreement, 2/23 emergencies and, 2/23, 13/3–4 by government inspectors, 13/10–11 for inspections, 13/6 laws about, 13/3 for move-out inspection, 13/9–10 notice of intent to enter, 13/3, 13/7 by police, 13/11 remedies for illegal entry, 13/14–15 repairs and, 13/4–7 to show property, 13/8–9 tenant moves out or abandons premises, 13/10 tenant’s permission for, 13/4 unreasonable tenants and, 13/13–14 Roommates defined, 10/2 giving permission for, 10/5–6 unapproved occupants, 10/7–8 RTF form files, A/3 S Sale of property, and security deposits, 5/8–9 San Francisco master tenants, 10/6 Satellite dishes and other antennas, 11/36–40 Section program, 9/23 termination of tenancy requirements, 18/3–4, 18/6 Security complaint handling, 12/23 disclosures about, 12/21 educating tenants about, 12/21–22 enhanced security, when it is needed, 12/14–17 inspecting premises, 12/18–19, 12/22–23 key control, 12/20 landlord’s duty of due care and, 12/13–14 laws about, 12/12–13 preventative approach to, 12/17–23 tenant requests for additional security, 12/20 Security deposits, 5/2–11 See also Move-out inspection in the agreement, 2/15–16 deceased tenant and, 19/13 deductions for cleaning and damages, 20/14–16 deductions for unpaid rent, 20/16–18 defined, 20/3 evicted tenants and, 20/4 increasing amounts, 5/4 interest requirements, 5/5–6, 5/7 itemization of deductions, 20/18, 20/20–23 landlord use of, 5/3 last month’s rent and, 5/4–5, 19/2–3 lawsuits by landlords, 20/29–32 lawsuits by tenants, 20/23–29 limits on amount, 5/3–4 Notice of Tenant’s Rights, 20/11 for pets, 2/21 and purchase of rental property, 5/9–11 receipts for deductions, 20/4–5, 20/8 refundability requirements, 5/2–3 rent control, 4/6, 5/3, 5/4 return of entire deposit (letter), 20/19 returning, 20/3–4 sale of property and, 5/8–9 separate bank account requirements, 5/6, 5/7 short-term rental exception, 5/2 time for refunding, 5/3 transfer to new owner, 5/8–9, 5/10 waiver of right to refund, 2/38 waterbeds and, 2/27 Security freezes on credit reports, 1/17 Security guards, 12/19 Selecting tenants background check consent form, 1/7 bank account information, 1/17 choosing an applicant, 1/18–19 court records review, 1/17–18 credit check and screening fees, 1/8–9 credit reports, obtaining, 1/16–17 income and employment verification, 1/13 objective criteria for, 9/3 rejecting an applicant, 1/18–21, 9/2–7 Rental Application, 1/3–7 screening process, 1/12–18 Tenant References form, 1/14–15 Self-help evictions, 2/38, 17/2, 17/3 I NDEX Semi-Annual Safety and Maintenance Update, 11/29, 11/30–31 Service authority to receive legal papers, 2/29 Notice of Change of Terms of Tenancy, 14/12–13, 14/12–14, 14/16 Notice of Termination of Tenancy, 18/7–9, 18/11 three-day notice requirements, 16/7–10 Three-Day Notice to Quit, 18/17–18 Service dogs, 9/7 Servicemembers’ Civil Relief Act (formerly known as Soldiers’ and Sailors’ Civil Relief Act), 2/5, 8/3, 19/7 Settlement Agreement, security deposit dispute, 20/24 Sex discrimination, 9/16, 9/21 Sexual harassment by manager, 6/15 by owner or manager, 9/16 Sexual offender database See Megan’s Law database Sexual orientation and discrimination, 9/21 Short-term rentals, security deposits, 5/2 Small claims lawsuits by landlords, 20/29–32 by tenants, 20/23–29 Small Family Day Care, 2/9 Smoking disclosure about, 1/12 and discrimination, 9/22 provision in agreement, 2/30 Soldiers’ and Sailors’ Civil Relief Act See Servicemembers’ Civil Relief Act Spying on a tenant, 13/13 State database disclosure, 1/9, 2/30, 2/32 State laws, locating, 8/2–3 State regulations, locating, 8/3 Strict liability, 12/10 Sublease, defined, 10/2 Subletting and avoiding vacancy decontrol, 4/6–7 prohibition against in the agreement, 2/19 and subtenants, 10/4–5 Subsidized housing See Section program Substituted service requirements, 14/16, 16/9 See also Service Subtenants, 10/2, 10/4–5, 19/11 T Taxes income tax withholding, 6/5, 6/11 payroll taxes, 6/5, 6/10 Temporary occupation of premises, caution against, 1/3 Tenant rules and regulation, in the agreement, 2/27–28 Tenant-reporting services, 1/17 INDEX / Tenants’ insurance See Renters’ insurance Term of tenancy lease provision, 2/12–13 rental agreement provision, 2/13 Terminating tenancies fixed-term leases, 19/5–8 just cause eviction requirement, 4/7–9, 18/3, 18/18–26 by landlord, 18/2–26 month-to-month tenancy terminated by tenant, 19/2–5 notice types listed, 18/2, 18/9 Termination notice period, shortening, 2/39 Termination of agreement, grounds for, 2/32 Terrorism insurance, 12/51 30- 60-, or 90-Day notice changing terms other than rent, 14/15–16 Notice of Termination of Tenancy, 18/5 rent increases and, 14/4–6 termination of tenancy, 18/3–11 termination of tenancy under rent control, 18/25–26 Three-day Notice to Pay Rent or Quit, 16/2–11 accepting partial rent payments after, 3/9 determining amount of rent due, 16/2–5 habitability defenses and, 16/4 preparing the notice, 16/5–7 rent control and just cause eviction, 18/19 serving the notice, 16/7–10 tenant offers to pay, 16/10–11 tenant refuses to pay, 16/11 when to use, 16/2 Three-Day Notice to Perform Covenant or Quit, 18/11–12 rent control and just cause eviction, 18/19, 18/22 Three-Day Notice to Quit, 18/12, 18/14–16 rent control and just cause eviction, 18/22, 18/25 Title X See Lead exposure Toxic mold See Mold Toxic Substances Control, Dept of, 18/16 Transfer of security deposits to new owner, 5/8–9, 5/10 Translation of documents, leases and rental agreements, 2/8 U Unfurnished property, security deposit limit, 5/3 Uniform Housing Code, occupancy limits and, 9/25 Unlawful detainer assistant registration, 8/8 Use and occupancy limits in the agreement, 2/12 Utilities in the agreement, 2/16, 2/18 disclosure about sharing of, 1/11, 2/16, 2/18 terminating to force out tenant, 17/3 INDEX / 10 T HE C ALIFORNIA L ANDLORD ’ S L AW B OOK : R IGHTS & R ESPONSIBILITIES V Vacancy decontrol, 4/6–7 Violating laws, prohibitions against in agreement, 2/23–24 W W-2 form for managers, 6/5, 6/11 Waivers of procedural rights in a lawsuit, 2/38 of rent control laws, 2/36 repair-and-deduct rights, 2/37 right to receipts and invoices for security deposit deductions, 20/8 right to refund of deposit, 2/38 Waste (extreme damage) defined, 2/23 Three-Day Notice to Quit, 18/12 Water submetering, 2/18 Waterbeds clause in the agreement, 2/25, 2/27 and discrimination, 9/22 inspection of by landlord, 13/6 security deposit limits, 5/3 Weekends, rent due date and, 3/4 Windows locks for, 12/12 responsibility for fixing, 11/10 Worker’s compensation 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(chemistry) and the University of Santa Clara Law School, and is the author of Fight Your Ticket, Beat Your Ticket and The California Landlord’s Law Book: Evictions and the co-author of The Guardianship.. .11th edition The California Landlord’s Law Book: Rights and Responsibilities by Attorneys David Brown, Ralph Warner & Janet Portman always up to date The law changes, but Nolo... reporting agency These agencies collect and sell credit and other information about consumers—for example, whether they pay their bills on time or, if reported by prior landlords, whether they’ve failed