| It is very important before renting a property to | | | | You do, however, need to comply with this |
| be aware of your rights and responsibilities as a | | | | request or after a reasonable period of time, the |
| tenant. Laws vary from state to state, although | | | | landlord has the right to enter anyway without |
| they are generally very similar. The following | | | | your permission. The landlord also has the right to |
| guidelines, specific to California, will help you have | | | | make an appointment with you to show potential |
| a successful renting experience. | | | | buyers the property or potential renters if you |
| How Much of a Security Deposit Can a Landlord | | | | are leaving or being evicted. The landlord must |
| Charge, and Can They Refuse to Return it When | | | | provide you with a twenty-four hour notice |
| the Tenant Moves Out? | | | | before entering to conduct normal business, and it |
| A landlord, under California Civil Code Section | | | | must be during normal business hours, not in the |
| 1950.5, is not allowed to charge any more than | | | | middle of the night. |
| two months' rent as a deposit for an unfurnished | | | | If a landlord is repeatedly violating the set |
| unit, and three months' rent for a completely | | | | standards and codes for proper entry, you should |
| furnished one. If you have paid your rent for each | | | | first confront the situation and ask that this |
| month that you have resided in the property and | | | | behavior not continue. This may also give you the |
| you wish to move without breaking a lease | | | | right to simply move without notice if the landlord |
| agreement, you should furnish the landlord with a | | | | repeatedly violates your privacy after being told |
| thirty-day notice as a courtesy. The landlord has | | | | to stop. Lastly, a lawsuit may be the only remedy |
| to advise you of your right to a preliminary | | | | in some cases to terminate this type of repeated |
| inspection of the unit during the last two weeks | | | | invasion. |
| before you move out. You should be present for | | | | What Can I Do if My Landlord Won't Make |
| this inspection and the landlord should give you a | | | | Repairs to My Unit? |
| written list with repairs and expected costs if any | | | | In California, Civil Code 1941.1 gives general |
| are found. You, as the tenant, have the right to | | | | guidelines as to what a landlord is required to |
| make any repairs yourself and clean the unit | | | | repair. For example, paint colors which you do not |
| before you leave. In turn, if the landlord is | | | | like or worn out carpeting is not a reason to |
| attempting to charge you with damages or | | | | demand a repair. You can request a change of |
| cleaning issues which you did not cause, or which | | | | these items, but the landlord is under no obligation |
| were there when you moved in, you should | | | | to do so unless they are clearly damaged. A |
| inform the landlord of such, get any statements | | | | landlord is required, however, to repair anything |
| from witnesses who know this was not your | | | | that interferes with your daily living capabilities and |
| responsibility, and take pictures before you move | | | | also items which may endanger your health. A |
| out. | | | | landlord is also obligated to ensure your safety |
| You may leave the keys in the unit when you | | | | outside of the unit if certain unlawful practices are |
| vacate. Also, the landlord must return your | | | | taking place on the property, such as gang |
| security deposit within twenty-one days after the | | | | activity or the dangerous and illegal actions of |
| last day in which you resided on their property. | | | | other tenants. Landlords are required to repair or |
| Any legitimate repair deductions must be itemized | | | | update lighting, structure, appliances (if they come |
| and sent with your refund. If your landlord does | | | | with the unit), any foul odors or pests, trash |
| not adhere to these rules regarding your security | | | | around the unit which does not belong to you, |
| deposit, you may sue in small claims court. | | | | broken locks, even noise issues. |
| As a Tenant, Can I Be Evicted Without Notice or | | | | You should make a list of anything and everything |
| Cause? | | | | which you feel is the landlord's responsibility to |
| The eviction process is rather complicated and | | | | correct and present it to them. If the repairs do |
| varies from state to state. However, the landlord | | | | not take place, you should write a letter according |
| may evict a tenant for nearly any reason if the | | | | to the guidelines of Civil Code 1942 stating that |
| proper procedures are followed. Some reasons | | | | you are moving out due to unhealthy conditions. |
| which may cause you to be evicted even with a | | | | Make sure to take pictures of anything which you |
| lease are: nonpayment of rent, lease violations, | | | | feel should not be left unattended. Take good |
| obvious and purposeful damage, unlawful acts | | | | notes in case you have to appear in court |
| within or upon the premises, noise complaints, and | | | | regarding these issues. Also, if you feel the unit |
| interference with other tenants. Under any of | | | | violates health and building codes, call an inspector |
| these situations, a three-day notice is all that is | | | | to come out and view the damages. Generally, if |
| necessary to remove a tenant from the unit. | | | | you are correct in that items need attention, the |
| After notice is given, the landlord is required to | | | | landlord will be given a citation for repairs to be |
| give you an opportunity to correct the | | | | made within 30 days or face severe penalties and |
| non-payment or the problem, and also give you | | | | fines. You can also make some repairs yourself, |
| complete contact information and hours in which | | | | but be certain to keep a valid repair list noting |
| to do so. It really does not help to attempt to | | | | what the issue was, where it was located, when |
| hide from the landlord so that notice cannot be | | | | it started, how it impaired your living conditions, |
| served, as it can be tacked to the door, dropped | | | | and what you paid to fix it. You may not |
| off at your place of work, or given to anyone at | | | | immediately withhold rent for repairs, but if the |
| the residence over the age of 18. If you do not | | | | situation becomes bad enough and is considered |
| answer the notice and request a hearing to show | | | | not habitable and illegal due to the infractions, you |
| just cause why you should not be evicted, the | | | | may then do so. At times, it may be necessary |
| eviction will commence and you will be removed | | | | to sue your landlord or ban together with other |
| from the property. Your landlord must follow | | | | tenants suffering the same circumstances and file |
| proper procedures, but it is possible that if you | | | | a joint lawsuit to force the necessary repairs and |
| truly are not complying with the terms of your | | | | upgrade of living conditions. |
| lease, not paying the rent, or conducting | | | | Can the Landlord Raise the Rent Anytime They |
| dangerous or illegal activities at the unit, you could | | | | Wish? |
| face a lockout and removal by the sheriff's | | | | If your lease doesn't give provisions for rent |
| department. | | | | increases and states a monthly rental rate for the |
| If you are renting without a lease on a | | | | period of the lease, the landlord cannot usually |
| month-to-month basis, the notice does not have | | | | alter that arrangement. However, if you rent on a |
| to state the eviction reasons. It could range from | | | | month-to-month basis, your landlord can raise |
| anything to updating the property to a real estate | | | | your rent less than 10% with a 30-day notice or |
| sale, or wanting your unit vacant for another | | | | 10% and up with a 60-day notice. When a landlord |
| tenant. However, an eviction can never be for | | | | does not give proper notice for a rent increase, |
| discriminatory reasons or in retaliation of some | | | | the tenant usually doesn't have to pay it right |
| sort. If you have resided in the unit for less than | | | | away until proper notice is given, but it is very |
| a year, a 30-day notice is sufficient. However, | | | | important to continue paying your old rental |
| tenants who have resided there longer need to | | | | amount on time. |
| receive a 60-day notice. | | | | The landlord cannot raise your rent to force you |
| If you refuse to move after these proper | | | | out for discriminatory reasons or in retaliation |
| procedures for eviction have been followed, the | | | | against you for asking for repairs or making |
| landlord will file an unlawful detainer lawsuit in | | | | legitimate complaints about the unit or other |
| superior court. If you, as the tenant, cannot show | | | | tenants. You can refuse to pay the increase if |
| that the landlord is discriminating or that the claims | | | | you are certain that it has occurred in this |
| are false, you will more than likely face immediate | | | | manner. You should also contact the housing |
| eviction. | | | | authority and file a report detailing the situation |
| Can My Landlord Enter My Home Whenever They | | | | before your landlord takes action, such as an |
| Wish? | | | | eviction notice, against you for non-compliance. |
| In a word, no. Landlords to not have the right to | | | | If you live in a rent-controlled area, then the |
| simply drop in unannounced without a purpose, or | | | | landlord must abide by the control guidelines |
| even with one if the situation is not an | | | | before raising rental fees. Several cities and areas |
| emergency. Your landlord must make an | | | | have different rules, so it is always wise to |
| appointment with you for a convenient time to | | | | contact your local housing authority when you are |
| perform repairs or an inspection of the premises. | | | | presented with this type of notice. |