day notice due to the fact that a purchaser seeks to occupy the premises themselves. This federal bill/law also provides similar protections to section 8 housing voucher holders. These protections go into effect immediately and sunset/expire at the end of 2012. In many cases where the rental property is an apartment complex or multi-unit dwelling the bank or lender may encourage you to continue the tenancy and ask you to pay your rent to them instead of your previous landlord/owner. If the bank or lending institution wants you out and you are having a difficult time finding another place contact them and ask them for some extra time and make arrangements to send rental payments directly to them. If your landlord has filed bankruptcy, contact the bankruptcy court and get in touch with the bankruptcy trustee in charge of the landlords property to get information on how this affects your tenancy, where you should pay your rent, and what will happen to your security deposit. If you have no other choice and have to wait until the last minute to move because you cannot find another place the law (Sec.1946 of California code) still applies in that after the landlord new owner, bank, or lending institution gives you a 90 day written notice and you don't comply, their second step must be to sue you in court. The landlord new owner, bank, or lending institution cannot legally walk into your dwelling and physically remove you, or lock you out, if you do not comply with the written 90 day notice. He/she must go through the courts. The important thing to remember is that the written notice is only the first step. Thereafter they must file a lawsuit in court (called an Unlawful Detainer) and serve you with legal papers called the Summons and Complaint and thereafter get a court order (called a Writ of Possession). They cannot evict you without first taking these steps. (Sec.789.3 of California Code) In addition they cannot turn off your utilities, prevent you from entering your place by locking you out, remove the outside door or any windows with the intention of making you move or illegally remove your personal property from the premises. If he/she does these prohibited actions and you go to court, you can receive actual damages plus reasonable attorney's fees and up to $100 for each day of the violation. If you decide not to comply with the 90 day notice and your landlord sues to evict you, you should talk to an attorney or a registered non-attorney unlawful detainer assistant, and do it fast. In most of these suits, you will have only five days to answer the complaint or a decision may be entered against you without an opportunity to defend the eviction in court. If you don't respond, (or if you respond and lose), you may find the sheriff or Marshall will remove you from the premises after giving you a final five day notice to leave called a Writ of Execution. Keep in mind that Unlawful Detainer suits, although masked/withheld form creditors by the court for 60 days, eventually find their way on to your personal credit record. Some California cities have local laws prohibiting foreclosure evictions. The new federal protections do not preempt these laws and in such a case these local laws will remain in full force.

New Domestic Violance Law Now Allows Tenants to Terminate their Tenancy <

Effective January 1, 2009- Civil Code 1946.7 has been added to California law which allows a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking, and intends to terminate tenancy. The tenant is required to attach a copy of the temporary restraining order or emergency protective order, or a copy of a written report by a peace officer, to the notice to vacate. As a result the tenant is authorized to quit the premises and be discharged from payment of rent for any period following 30 days from the date of tenants notice to vacate. The notice to terminate tenancy must be given within 60 days of the date of the temporary restraining order, emergency protective order, or written report by a peace officer.

TABLE OF CONTENTS

RENTAL APPLICATION SCREENING FEES
(Sec. 1950.6 of cc) A landlord or his or her agent may charge an applicant an application screening fee to cover the costs of obtaining information about the applicant. In no case shall the amount charged be greater than ($30) per applicant. And the amount of the fees charged shall be no more than the actual out-of-pocket expenses incurred. In addition, an itemized receipt, (i.e. expenses & time spent), shall be provided in person or by mail. Upon request and providing a screening fee has been paid by the applicant, a landlord or his agent is required to provide a copy of the consumer credit report if one was ordered for the purpose of screening the applicant. Unless the applicant agrees in writing, a landlord or agent may not charge such a fee when he/she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.

Back to Table of Contents

WHAT IS A CREDIT REPORT?
(Sec. 1785.10 of cc) In most cases when you rent a apartment or house you will be asked to fill out an application and in tern the owner, manager and or property management company will want to check your credit by running a credit report. A credit report shows the records that represent your credit history and in some cases your rental history. A credit-reporting agency is primarily concerned with reporting any debts, if you pay your bills on time, and if you have any judgments for monies against you. Some landlords use an additional service that checks your rental history. In addition to your financial history, your landlord might also check to see if you have ever been evicted or if you pay your rent on time. Your rental application could be rejected if you have a negative credit and or rental history. Before you begin your housing search you may want to become aware of your credit and rental history by ordering updated copies of your credit report. The fair Credit Reporting Act is a federal law that allows you to examine and correct any information that may be used by consumer reporting agencies. Under the law you are entitled to receive one free credit file disclosure every 12 months from the three major nationwide consumer credit reporting companies by calling Equifax (1-800-685-1111), Experian (1-888-397-3742), and TransUnion (1-800-916-8800). Unfortunately, all other consumer-reporting agencies are not required to provide you with a free report every twelve months. One of those agencies, which exclusively reports evictions, U.D. Registry (818-785-3905 or 818-785-4025), charges a fee. If you believe you might have been evicted you should check to see if it has been reported. In any event if you are denied/rejected because of alleged bad credit and/or rental history you have a right to request a free copy of the report utilized to make that determination without charge so long as you do so within 60-days.  If you find there is incorrect information on your report, you have the right to dispute it with the reporting bureau.  A good proactive policy is to be up front with your potential housing provider if you become aware of any adverse information and or previous problems regarding past credit and or rental history. Explain what as happened when the time is appropriate.

Back to Table of Contents

LEASE AND RENTAL AGREEMENTS
(Sec. 1624 of cc) (Civil Code) Many of the rights and responsibilities of landlords and tenants are spelled out by the written or oral agreement that the two parties make. These agreements are usually either on a month-to-month basis (i.e., renting for no definite period of time) or by a lease, (i.e., renting for a definite period of time.) If you are leasing for a period longer than one year, the lease must be in writing. In most other cases, the lease or month-to-month agreement can be oral, although it is definitely a good idea to put it in writing. Both leases and rental agreements have advantages and disadvantages to consider. You may not want the long-term commitment of a lease but realize that this kind of agreement offers protection that a month-to-month rental agreement will not. With a lease, a renter is assured that he/she can stay in the residence for a specific period of time, and the rent cannot be raised during that time unless the lease states otherwise. In a month-to-month rental, agreement the landlord can choose to evict a renter or raise the rent, as well as change other terms of the agreement, under certain conditions described herein. (Sec. 1962 of cc) Your landlord is required to provide you with a copy of your rental agreement within 15 days of its execution and once each calendar year thereafter upon your request.


Back to Table of Contents

HOW CAN I GET MY DEPOSIT BACK?
(Sec. 1950.5(e) of cc) A landlord often requires a security deposit.  Normally, the landlord may keep only that part of the deposit reasonably necessary to pay for unpaid rent, to repair damages to the dwelling caused by the tenant and warranted cleaning. Your landlord may not claim monies for damages or defective conditions that existed before your tenancy.

(Sec. 1953 of cc) In lease and rental agreements made on or after January 1, 1978, California law does not permit non-refundable security deposits, including those called cleaning deposits or fees, no matter what the agreement states.

(Sec. 1950.5) Within a reasonable amount of time of either parties written notice to terminate a tenancy, or before the end of a fixed term lease, a landlord is required to notify their tenant in writing of his or her option to request an initial inspection of the premises and his or her right to be present at the inspection. At that time you need to respond to your landlord in writing informing him/her if you wish or do not wish to have an initial pre-move out inspection. The inspection should take place at a reasonable time but not earlier than two weeks before the termination of the tenancy or the end of the lease. The parties should attempt to schedule the inspection at a mutually acceptable time and date. A landlord is required give at least 48 hours written notice of the date and time of the inspection even if you and your landlord are able to agree to a mutual time and date, or if a mutually agreed time cannot be scheduled but you still wish an initial inspection.  Tenant and Landlord may agree to forgo a 48-hour written notice if both parties sign a written waiver. If a tenant fails to show up for a scheduled inspection a landlord can proceed with the inspection whether the tenant is present or not, unless the tenant previously withdrew his or her request for inspection in writing. Upon inspection a landlord shall give a tenant an itemized statement specifying any proposed repairs and cleaning that are to be the basis of any deductions. If the tenant is not present at the time of inspection a copy of the itemized statement shall be left inside the premises. The itemized statement shall also include text of subdivision (d) and paragraphs (1) to (4), inclusive of subdivision (b) of 1950.5 of the civil code - (California's security deposit statute).  The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy or lease to remedy any identified deficiencies. The purpose of this inspection is to allow the tenant an opportunity to remedy any identified damages in order to avoid deductions from his/her security deposit.  Note that your option to have an initial move out inspection does not apply if you were served a 3-day notice based on one of the following:  Your failure to pay rents due, and or failure to perform covenants in your lease or rental agreement, and or you were committing waste, (wrecking the place), and or illegally subletting- (see subdivision (2), (3), or (4) of section 1161 of the Code of Civil Procedure.

(Sec. 1950.5(g) of cc) In any event the deposit or any portion of the deposit due you is supposed to be delivered or mailed to you within 21 calendar days from the date you moved out, together with a finial itemized list of any deductions by personal delivery or by first class mail. Your landlord is required to also include copies of documents and receipts showing charges incurred to repair and clean your premises. This also includes any materials and supplies.  If your landlord provides an itemized list but fails to include any copies of documents or receipts he/she must do so within 14 days of your written request. In the event that any deductions for repairs and cleaning together do not exceed $125 dollars your landlord is not required to include copies of supportive documents and or receipts showing incurred charges along with his/her itemized statement.  In the event of either parties written notice to terminate a tenancy, or before the end of a fixed term lease your landlord is also not required to include copies of supportive documents and or receipts showing incurred charges if a tenant decides to waive his/her rights to a pre-move out inspection. The written waiver must take place at the same time or after written notice to terminate the tenancy was given by either party. In the case of a fixed term lease the written waiver by the tenant shall take place no earlier than 60 calendar days prior to the expiration of the fixed-term lease.  In the event you were served a 3-day notice based on one of the following:  Your failure to pay rents due, and or failure to perform covenants in your lease or rental agreement, and or you were committing waste, (wrecking the place), and or illegally subletting your landlord is also not required to provide copies of supportive documents and or receipts showing charges incurred and deducted to repair and clean your premises along with his/her itemized statement.  If your landlord or his/her employee did any work your itemized statement should reasonably describe the work preformed including time spent and a reasonable hourly rate.  If your landlord or the landlords employee did not do any or all the work and a bill/receipt or invoice does not include a name, address, and phone number of the person or entity who did the work the itemized statement should also provide this information. If a repair or documentation of the repair cannot be reasonably completed within 21 calendar days of your vacating your landlord must provide a good faith estimate and provide that estimate along with the itemized statement. If the reason is because documents verifying services or materials are not in the landlord's possession, the itemized statement should include the name, address, and telephone number of the person or entity. In any event your landlord is required send you a revised itemized statement no later than 14 days after completing   the repair or receiving documentation. If you do not receive your refund and or itemized statement within 21 calendar days, write your landlord to determine the reason you were not noticed in writing as to the status of your deposit.  A form letter requesting the return of security deposit is available from PPSC.  Make sure you keep a copy of the letter.  If you disagree with the landlord's decision, you may take him/her to small claims court or request mediation through Petaluma People Services Center (PPSC).

(Sec.1950.5(k)(l) of cc) If you can show that the landlords' refusal to return your deposit was not because of some honest dispute but because he/she was acting in "bad faith", you might be able to collect "statutory damages" in court of up to twice the amount of your security deposit, in addition to actual damages.

Back to Table of Contents

SOME ADDITIONAL REMINDERS ABOUT DEPOSITS:
A.  If you rent an unfurnished place, your landlord cannot require you to pay more than two months rent for a deposit; if you rent a furnished place, you cannot be required to pay more than three months rent as a deposit. (Sec.1950.5(c)) An additional 1/2 month rent may be charged if you own a waterbed. (Sec.1940.5(h))
B.  You and your landlord should check your dwelling together when you move in and fill out a checklist describing the condition of things. Additionally it is a good idea to take pictures. Then when you move out, the two of you can go through the dwelling with this list again, and note any changes.  An inventory checklist is included herein and additional copies are available from PPSC.
C.  You should be aware that some landlords are requiring tenants to pay non-refundable "lease fees" or some other fee to avoid the word deposit.  Watch out for this practice. The definition of what constitutes a refundable security deposit, includes any payment, fee, deposit or charge.  (This applies to tenancies created or renewed after 1/1/78).  If you take such a case to court you may be able to argue successfully that the same law that protects you from non-refundable deposits on leases and rental agreements, also protects you from non-refundable fees, or charges.
D.  Prepaid rent, or last month's rent paid in advance, is also considered a refundable security deposit collected by the landlord to assure performance of the rental agreement.  Last month's rent will take care of the rent for the last month, after the tenant or landlord gives a notice to move. If you vacate without proper notice (30 days), your landlord may keep the portion required to cover the actual amount of lost rent. (This applies to tenancies created or renewed after 1/1/78).
E.  If you have a month to month rental agreement your landlord cannot make you agree to give up your deposit simply because you move out within a certain period of time (e.g., before six months).  Such an agreement is considered a "forced lease", and again, you cannot be made to give up a deposit automatically.

CLEANING SUGGESTIONS FOR MOVING DAY:
Kitchen:
Clean and defrost refrigerator.
Clean cupboards, sinks, tiles, and woodwork and wall marks.
Clean stove, hood and filter (under burners, controls, burner rings and drip pan).
Clean oven and broiler.
Clean table and chairs.
Clean and wax floor or, if carpeted, shampoo carpet.
Living Room, Family Room and Bedrooms:
Clean carpet and drapes.
Clean finger marks off switches and walls.
Furniture cleaned and not damaged.
Clean windows on inside.

Bathrooms:
Clean tub, sink, toilet, and medicine cabinet.
Clean and wax floor, or if carpeted, shampoo carpet.
Clean cupboards, counter, woodwork and wall marks.
Clean windows on inside.
Yard:
Leave yard well watered and weeded.
Lawns mowed.
All trash removed.

The above items are suggestions to aid the tenant in getting all of his/her deposit back.  This list should not be considered required cleaning and/or the only cleaning necessary.  You should adapt this list to your specific situation.

Back to Table of Contents

DO I HAVE TO PAY IF I DON'T GIVE NOTICE OF MY PLANS TO MOVE FAR ENOUGH IN ADVANCE OF LEAVING THE PREMISES?

Yes, written notice of your plans to leave must always be given in advance.  Oral notice is not legally enough even if you have an oral rental agreement.

(Sec.1946 of cc) If you don't give proper written notice, you may have to pay additional rent.  Normally, if you pay rent once a month, you should give your landlord a written notice that you intend to move 30 days in advance. Your notice of departure does not have to correspond to a due date for rent.  You can pay rent on June 1, give 30 days notice on June 10, and move out on July 10.  Of course, you still have to pay for every additional day you remain on the premises.

(Sec.1541 of cc) If you move out early, you should try to make an arrangement with your landlord that if someone else moves in, the new tenant will pay the remaining portion of the rent, and you will receive that portion back.

(Sec.1951.2 of cc)You should be aware that a landlord might try to collect rent from two parties for the same period of time.  This is illegal.

Back to Table of Contents

HOW DO I GET MY LANDLORD TO MAKE REPAIRS?
If your dwelling is in need of serious repairs, you may consider using either of the following approaches to pressure your landlord to fix the problems.
A.  RENT WITHHOLDING, A court decision, Green vs. Superior Court, (111 CR 704, 1974) has said that in each rental agreement there is an implied warranty of "habitability" (i.e., a landlord must put a building into a condition fit for human occupancy.)  You cannot sign away your right to this warranty of "habitability".
(Sec.1941 of cc & Sec.1174.2. of ccp) If you decide to withhold rent, it can be a complicated process and you should talk to a lawyer when doing so.  If you withhold rent because you feel your dwelling does not meet this standard, and your landlord takes you to court, you can argue that you have a right to withhold the rent and request that the court order the landlord to make repairs.  In addition you may request the court to continue it's jurisdiction over the matter for the purpose of ensuring compliance.
B.  REPAIR AND DEDUCT (Sec.1942 of cc) You can also try to get the repairs made using the steps outlined in a law which says that a landlord must repair all problems which fall under minimum obligations of habitability, including: (Sec.1941.1 of cc)
There are no leaks when it rains, and no broken doors or windows;
The plumbing has to work, including the hot and cold water, and a working sewer or septic tank connection;
The heater has to work and be safe;
The lights, wiring , and gas facilities have to work and be safe;
Floors, stairways and railings have to be in good repair;
When it's rented, the place has to be clean, with no piles of trash or garbage and no rats, mice, roaches or other pests;
The landlord has to provide enough cans or bins with covers for the garbage.
Install and maintain an operable dead bolt lock on each main swinging entry door. (Sec.1941.3 of cc)

If you have problems with any of the above, the law says you should take the following steps:

Notify your landlord in writing of the needed repairs and keep a copy.  Make sure your landlord knows exactly what is wrong.
Wait a reasonable amount of time for the repairs to be made.  "Reasonable" depends on the circumstances.  If you don't have heat in a cold month, you only have to wait a few days.  The law says that 30 days is "presumed" to be reasonable.  This means that if you wait less than 30 days, and the case goes to court, you must prove the shorter wait was reasonable.
If the repairs are not made by the landlord within a reasonable time, you can have them made yourself.  Keep a record of the costs and then deduct them from your next rent payment.  Or you can move out and not be responsible for paying any more rent.

(Sec.1942 of cc) If you have the repairs made on your own, the cost you deduct can't be more than one months' rent, and you can't use this right more than twice in any 12-month period.  One cannot legally give up the right to repair and deduct (deduct the cost), unless rent was lowered because the renter agreed to do things that the landlord was otherwise requested to do.  But if the agreement was made under pressure (in order to get housing, for example) then that agreement is not binding.
(Sec.1942.4) The California Civil Code provides that if a landlord collects rent, issues a notice of rent increase, or issues a three day notice to pay or quit for property that is officially declared substantially substandard, he/she may be liable for actual damages sustained by the tenant, and special damages of up to five thousand dollars.

Back to Table of Contents

RETALIATORY EVICTION
(Sec.1942.5 of cc) If you have complained about the uninhabitable condition of your place, or have given notice that unless the landlord does make repairs that you intend to deduct the cost of the repairs from your rent, your landlord cannot evict you, increase your rent, decrease your service or force you to leave involuntarily within 180 days of your action if the purpose is to get back at you for exercising your rights.  This 180 day protection can only be used once in any 12-month period.  If you feel you have been unfairly treated after the 180 days, you should talk to a lawyer. In addition, it is illegal for the landlord to retaliate or threaten to retaliate against you at any time because you belong to a tenants' union or organization, or because you have lawfully exercised any of your legal rights.  In these cases, there is no limit as to the number of times you can make use of this protection. In cases where the landlord has illegally retaliated, you may sue the landlord for retaliatory actions.  If you win, the landlord could also be liable for your actual damages (i.e., hotel costs), reasonable attorney's fees (if either you or the landlord requested these fees at the beginning of the lawsuit, and punitive damages from $100 to $2,000 if the landlord's retaliation was malicious. If you feel you are the victim of a retaliatory eviction, you should be able to document the repairs and/or the complaint you made.

Back to Table of Contents

DO I HAVE TO MOVE IF MY LANDLORD GIVES ME NOTICE?
(Sec.1946 of cc) When a landlord wants you to move from a month to month rental, he/she must first give you written notice. If you don't comply with the written notice, the landlord's second step is to sue you in court. If you live in housing that was built with the aid of Federal or State funds you may have a right to a grievance and appeal procedure before the landlord may sue to evict you, however you must appeal within prescribed time frames noted in the appeal procedure. Primarily you will find these appeal procedures in apartment complexes with low income units set aside for families, seniors and the disabled. If you believe you live in this type of housing, check with your manager or landlord to obtain a copy of their grievance and appeal procedures.
(Sec.1946.1 of cc) A landlord can give several types of written notice. For example, he/she can give you 30 or 60 day notice asking you to leave, and doesn't need to state a reason. A minimum of 30 days notice is required if you have resided in a rental unit for less than a year, and a minimum of 60 days notice is required if for one year or more. However, if your landlord receives rent or other payments from the Department of Housing & Urban Development (HUD) or a local or state program (most of which operate as “housing authorities”) on your behalf, you are entitled to extra time. Your landlord must give you a 90, not a 30/60 day notice.
(CC sec. 1954.535.) If you are behind in your rent, your landlord can give you a notice asking you to pay or move within three days. Or, if you violate covenants in your lease or rental agreement, you could receive a three day notice to correct the violation or quit tenancy. A landlord cannot legally walk into your dwelling and physically remove you, or lock you out, if you do not comply with a written notice. He/she must go through the courts. The important thing to remember is that the written notice is only the first step. Thereafter your landlord must file a lawsuit in court (called an Unlawful Detainer) and serve you with legal papers called the Summons and Complaint and thereafter get a court order (called a Writ of Possession). Your landlord cannot evict you without first taking these steps.
(Sec.789.3 of cc) In addition, your landlord cannot turn off your utilities, prevent you from entering your place by locking you out, remove the outside door or any windows with the intention of making you move or illegally remove your personal property from the premises. If he/she does and you go to court, you can receive actual damages plus reasonable attorney's fees, and up to $100 for each day of the violation. If you decide not to comply with a notice and your landlord sues to evict you, you should talk to an attorney, or a registered non-attorney unlawful detainer assistant, and do it fast. In most of these suits, you will have only five days to answer the complaint or a decision may be entered against you without an opportunity to defend the eviction in court. If you don't respond, (or if you respond and lose), you may find the sheriff or marshall will remove you from the premises after giving you a notice to leave.

Back to Table of Contents

CAN A LANDLORD RAISE MY RENT?
(sec.827 of cc) During a month to month tenancy your landlord can raise your rent any amount if he/she gives you written notice.  A 30-day notice must be given, however a 60-day notice is required in its place if the rent increase plus any increases in the previous 12 months add up to more than 10%. So in calculating to see if the most recent increase is over 10% you will also need to include any increases 12 months prior as a combined total calculation. Your landlord cannot raise the rent during a lease unless it is agreed to in the lease agreement.

Back to Table of Contents

CAN I GET INTEREST ON MY DEPOSIT?
Normally, landlords won't give interest on deposits, but you can try requesting it. Some municipalities have enacted ordinances requiring interest on deposits.  As of March 2001, the city of Petaluma has no such ordinances.

Back to Table of Contents

CAN MY LANDLORD ENTER MY DWELLING?
(Sec.1954 of cc) You have a basic right of privacy which your landlord should respect. Your landlord may enter your place only in the following cases:
* In an emergency.  
* To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to perspective or actual purchasers, mortgagees, tenants, workers or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
* When you have abandoned or given up the premises.
* As a result of a court order.
Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry other than normal business hours at the time of entry. The landlord may not abuse the right of access or use it to harass the tenant.  Except in cases of emergency, when the tenant has abandoned or surrendered the premises the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of entry. The written notice may be personally delivered to the tenant, left with someone of suitable age and discretion at the premises, or left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. Mailing the written notice at least six days prior to an intended entry is also presumed reasonable notice.

The tenant and landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case the landlord is not required to provide the tenant with written notice.

If the landlords entry is to exhibit the rental unit to prospective buyers or actual purchasers, 24 hour notice may be given orally, in person or by telephone, providing that the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale. At the time of entry, the landlord or agent is required to leave written evidence of the entry inside the unit.

California Civil Code Section 1953 provides that any lease or rental agreement provision trying to waive or modify the tenant's rights under Section 1954 is void. If your landlord seriously violates your right to privacy, you may have the basis for a lawsuit.  You also might want to contact the police when the violation occurs; while the police ofte

Back to Table of Contents

CAN A LANDLORD CHANGE THE TERMS OF THE RENTAL AGREEMENT?
 In a month to month rental agreement your landlord can change any terms of your tenancy with a written notice.  The notice period is usually required to be 30 days, however it could as much as 60 days if the notice involves raising your rent more than 10%. (see page 6 this booklet, "Can a Landlord Raise my Rent?") Your landlord cannot change any terms of your tenancy if you have a lease, unless it is agreed to in the lease agreement.

Back to Table of Contents

CAN I SUBLET MY DWELLING TO ANOTHER TENANT?

Most agreements allow you to sublet only with the landlord's written consent.  Some landlords will accept the rent directly from the subtenant.  But you are still responsible for paying the rent, unless the subtenant's name replaces yours on the agreement, or a new agreement is written.

Back to Table of Contents

CAN A LANDLORD DISCRIMINATE AGAINST CERTAIN KINDS OF TENANTS?
* A property owner/manager or agent is prohibited from discriminating on the grounds or race, color, religion, national origin, ancestry, sex (included sexual harassment), sexual orientation, age, marital status, disability, medical condition, familial status or source of income in the sale or renting of housing. This includes arbitrary discrimination (e.g., welfare, long hair, etc.).
* A landlord cannot refuse to rent to tenants just because the household includes one or more children. Both federal and state laws prohibit "adults only housing", but apartment complexes or mobile home parks that meet the legally designated standards for senior housing may exclude families with children.
* Sec.1940.3 of cc A landlord or manager is also prohibited from making any inquiry regarding the immigration or citizenship status of any tenant or prospective tenant.
* During tenancy a landlord is prohibited from treating one class of residents differently than another, for example responding more slowly, or performing work haphazardly for minorities, families, or any sub-group of residents. Rules should be the same for everyone and not overly restrictive, in particular a property owner/manager/agent cannot place arbitrary limitations in regard to terms, conditions, privileges, services, or facilities based on the residents ages.

If you feel that you have been discriminated against you may file a complaint with the state Department of Fair Employment and Housing or the U.S. Department of Housing and Urban Development, (HUD).  PPSC has the necessary forms to assist you in this course of action.

Back to Table of Contents

ABOUT PETS
(Sec.54.1 of cc) Your landlord has a right to prohibit all pets unless you and your landlord agree otherwise, with the exception of specially trained dogs used to aid blind, deaf or physically handicapped people.
(Sec.54.2 of cc) Persons licensed to train dogs for persons with disabilities hold the same protection during tenancy as those utilizing the services of specially trained dogs.  Additionally your landlord cannot designate part of your deposit as a pet deposit if you are handicapped and require the service of a specially trained dog.

In any event if any part of your deposit is designated as pet deposit the overall deposit amount cannot exceed that which is allowed by law.  (see page 3 this booklet: "some additional reminders about deposits")

Back to Table of Contents

TENANT-LANDLORD DISPUTE?
If you have a problem that relates to rental housing - such as eviction, 30-day notice to vacate, rent increase, tenants privacy or lease and rental agreement questions - call the Tenant/Landlord Education and Mediation Service at 765-8488.  We seek to resolve disputes between landlords and tenants by promoting communication and encouraging fair and reasonable renting practices.  Call us for:
* Information on your rights and responsibilities as a tenant or landlord
* Written materials on landlord-tenant law
* Model rental agreement forms
* Tips on how to avoid common rental housing problems
to help you resolve tenant-landlord disputes out of court through mediation.

Back to Table of Contents

WHAT IS MEDIATION?

Mediation is the intervention of an acceptable neutral third party.  A mediator does not issue decisions but rather facilitates the parties toward focusing on a mutually satisfactory solution to their conflict.  The main objective of the mediator is to provide an outside resource to aid communication and problem solving between the parties.  The tenant and landlord are given an opportunity to settle their dispute on their own outside of a courtroom.  In order to promote open communication among the parties, California law protects the confidentiality of statements and documents used in the mediation unless the participants agree otherwise. (Cal. Evidence Code Sec. 1152.5)

Back to Table of Contents

WHAT KINDS OF DISPUTES ARE LIKELY TO LEND THEMSELVES TO MEDIATION?

* disputes that are already being negotiated and there is a demonstrated desire to work cooperatively.
* disputes not yet being negotiated in which there is some evidence that the parties want to talk to each other.
* conflicts in which the disputants clearly have common goals, but are fighting over alternative means to achieve the goals and recognize the need for a new approach.

NOTE:  The Tenant/Landlord Education and Mediation Service at PPSC has NO formal legal authority and its employees are not allowed to give legal advice.  Use of mediation does not prevent those involved from taking their cases to court, although mediation frequently eliminates the need for such a course of action.
Back to Table of Contents

MOBILE HOME HOMEOWNERS
The information herein does not deal with all areas of mobile home residency law.  It only tries to answer some of the most frequently asked questions.  You should remember that laws and regulations regarding California mobile home residents are constantly changing.  Therefore, some legal code sections are included at the beginning of pertinent sentences so that you can look up the laws yourself.  For a complete copy of the Mobile Home Residency Law contact the State Ombudsman's office at 1-800-952-5275.

(Sec.798.56 of cc) Owners of mobile home parks can terminate a tenancy (order a homeowner to move out) only for one or more of the following reasons:
* Failure of the homeowner to comply with local ordinances and state laws and regulations relating to mobile homes.
* Conduct of the homeowner upon the mobile home park premises which constitutes an annoyance to other homeowners.
* Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of section 243, paragraph (2) of subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code or a felony controlled substance offense if the act resulting in the conviction was committed anywhere on the premises of the mobile home park.
* Failure of homeowner to comply with rules and regulations of the mobile home park that are a part of the rental agreement, or as amended later with consent of homeowner or without his or her consent, upon six-month's written notice.  However, regulations applicable to recreational facilities may be amended without homeowner consent upon of written notice of not less than 60 days.
* Non-payment of rent, utility charges, or reasonable incidental service charges; providing that the amount due has been unpaid for period of at least five days from its due date, and provided that the home owner subsequently received a 3-day notice to pay the amounts due.  Management is not required to give any further 3-day notices if the homeowner was served on three or more occasions within a 12-month period.
* Condemnation or change of use or ownership of the mobile home park.
* There is a change of use of the park or any portion thereof and providing the conditions set forth under 798.56(g) are met.

(Sec.798.306 of cc)A park owner or manager must give the homeowner 90 days written notice to raise the rent.
Both the homeowner and the landlord must give 60 day written notice of tenancy termination. The landlord must specify the reason for termination of tenancy. If a homeowner received a notice to terminate, for violation of park rules, the landlord must give the homeowner fourteen days written notice to adhere to the rules, before they can give 60 day termination of tenancy notice.  A 6-month notice is required for a change in park rules.

(Sec.798.25) When management proposes an amendment to the park's rules and regulations management must meet and consult with the homeowners, their representatives or both, to discuss certain changes in the park. The owner or manager must give all the homeowners in the park  10 days written notice of such a meeting. Following the meeting any noticed amendments to the park rules may be implemented with or without the owners consent upon written notice of not less than six months. However if management proposes changes that are based on changes in the law, including, but not limited to, a change in statute, ordinance, or governmental regulation, management can implement changes with or without the owners consent upon written notice of not less than 60 days.    Any amendment to the park's rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed upon by the homeowner and management in a written rental agreement or lease, shall be void and unforceable.   
The changes that need to be discussed in this manner, are as follows:
* changes in park rules
* standards for maintenance of physical improvements, i.e., clubhouse, showers, roads, etc.
* any addition, alteration or deletion of services, equipment or physical improvements

(Petaluma City Ord. 1949NCS) The City of Petaluma has enacted a Rent Control Ordinance Regarding Mobile Home Spaces located within city limits.  Provisions in the ordinance provide that the park owner supply each tenant or tent-to-be with a current copy of the Petaluma rent control ordinance. (Sec.798.17) Before you sign a rental agreement keep in mind that any agreements in excess of 12 months duration will be exempt from the Petaluma rent control ordinance. In addition the tenant is directed to contact the city manager for an explanation of any provisions in the ordinance.  The City Manager's phone number is (707) 778-4345.

(Sec.798.15) The owner must furnish the homeowner with a copy of the park rules, a list of the services rendered to the homeowner, and a copy of the Mobile Home Residency law at the beginning of the tenancy, and every year there after, prior to February 1 of each year if a significant change was made to the mobile home residency law.

(Sec.798.15) Rental Agreements MUST be in Writing and Contain:
* the term of the tenancy and rent therefore.
* the rules and regulations of the park.
* a copy of the text of the mobile home tenancy law shall be attached as an exhibit and shall be incorporated into the rental agreement by reference. Management shall provide all homeowners with a copy of section 798.15 prior to February 1 of each year, if a significant change was made in this chapter by legislation enacted in the prior year.
* a provision stating that it is the responsibility of the management to provide and maintain the common areas in good working order and condition.
* a description of the physical improvements to be provided during tenancy.
* a provision stating that management may charge a reasonable fee for services relating to maintenance of the land and premises which a mobile home is situated in the event the homeowner fails to maintain the land or premises.
* a list of services that will begin with tenancy, and will continue to be provided for a full length of the tenancy and the fees, if any, to be charged for those services.    

(Sec.798.16) Management shall return an executed copy of the rental agreement to the homeowner within 15 business days after management has received the rental agreement signed by the homeowner.

(Sec.798.84) After providing proper notice to management, (re:30 days), the homeowner may take the owner to court for any violation under the mobile home tenancy law, including a breach of any part of the rental agreement.
(Sec.798.50) The homeowners (no matter when their tenancy began) have a right to hold meetings concerning mobile home living or affairs in the community, in the park's community building. Such meetings cannot be prohibited by the park management if they are held at reasonable hours, when the facility is not otherwise in use. The management shall post a sign with the name, address, and phone number of the state mobile home ombudsman.  At the time of this writing, that number is 800-952-5275.

Back to Table of Contents
| Locations / Phone Numbers | Volunteer Opportunites | Fund Raising | Donate | Home | AboutUs | Contact |