This for California Renters:
Additional Terms Supplied by Law
The law also imposes certain terms into the lease, even though you don't see them there. One
such law concerns your security deposit. The law
requires that it be returned to you within 21 days after you leave, minus only certain legal deductions. The law
prohibits the landlord from making it non-refundable. Even if they call it a "rental fee" or "cleaning fee", or "last month's rent", it's still a security deposit under the law. [See
Security Deposit]
Another law, called the "warranty of habitability" requires your landlord to provide the basics [heat, water, electricity, functioning doors and locks, etc.] as a condition of asking for rent. You have certain remedies provided by law, even if the rental agreement says you don't. [see
Repairs]
Every rental unit must have a "certificate of occupancy" [or its equivalent] issued by the city in order for the unit to be legal. That law is to assure that each rental unit complies with building and zoning laws. If the unit is not legal, and there are plenty of such illegal duplexes, converted garages, and assorted buildings, the landlord cannot demand or accept any rent for that structure.
In rent controlled cities like Los Angeles, the landlord is also required to register a residential rental unit and charge only a legal rent, before even asking for rent. [See
Rent Control] For mobilehome park tenants, the Mobilehome Residency Law is a collection of extra rights and procedures that protect you. [See
Mobilehome Park Disputes]
There are special laws such as Health and Safety Code §1597.40, which protects licensed Day Care operations by a tenant against eviction and lease prohibitions against it. This is under a separate public policy encouraging Day Care so that parents may be employed and not stuck on Welfare roles.
Discrimination
The landlord cannot discriminate against children. There were once "adults only" buildings, but now only senior citizen complexes can exclude children. The landlord can restrict the number of people who live in an apartment, however.
The same prohibitions against discrimination for race, religion, sex, and nationality differences exist in rental laws as in other businesses. The Fair Housing Council specializes in those cases and have staff that investigate and even prosecute.
Landlord's Authority
Just because a person leases out a unit or brings an eviction action does not mean that they have a right to do so. There are laws designed to make people get licenses and file certain papers with the
government, and the punishment for failing to comply often includes the prohibition to sue for or
collect on the resulting arrangement. Tenants are sometimes the beneficiaries of this arrangement.
The failure to register a rent-controlled unit prohibits the landlord from asking for rent or suing to
evict the tenant.
Some landlords operate under a "fictitious business name" such as "California Apartments", identified as such on the rental agreement and rent checks you pay. Who is that? People who use such names are required to file their "d.b.a." statement with the County Clerk, and publish the notice, and renew it every 5 years. Failure to do so bars their lawsuit - they have no authority to sue until after complying with the filing requirements, under Business and Professions Code Section 17918. See the Find Your Landlord section of this site.
Business and Professions Code [starting Section 10131] requires that people who manage others' real
property [except resident managers] must be licensed real estate brokers, but there are an increasing number of people who aren't brokers and manage anyway. Sometimes they use a "power of attorney" form, and other times a simply contract authorizing them to do so, but neither of those is enough under the law.
The punishment imposed by the law for those who manage without a license is that the agreements are unenforceable. Plainly put, if one of those persons is managing your property and signed your
rental agreement, you owe no rent and they can't enforce the agreement. They even lack authority to
evict you. Eventually, the owners would have to step in and try to take back possession, but no
money.
There are too many variables to discuss in this limited space, but the examples above suffice to advise you that your rights are
not limited to the piece of paper you sign. Consult a lawyer for more details that apply to you.
Privacy
When the landlord rents out their unit to you, they sell you the right to exclusive possession of your unit. The landlord chooses to have the money, rather than exclusive possession, the same as though
they sold the property to someone else - they no longer have the right to possession. If the landlord
comes into your rental unit, he is a trespasser, the same as any stranger, with one special exception.
Under Civil Code Section 1954, the landlord may enter your rental unit (1) in an emergency, like a
fire or broken pipe, or (2) upon reasonable advance notice, and then only to inspect, repair, or show the apartment, during normal business hours. 24 hours is presumed to be reasonable notice, but a
shorter time may be reasonable. You do not have to be home when they come, but they are are
liable for anything stolen or broken during such entry.
The manager who snoops in your apartment because they have a key can be controlled by practical means, even though there is no legal authority to approve or prohibit the practice. Write a letter to the owner, carbon copy to the local police, about the manager's burglary. Change the locks, or add
chain lock to the door, so that the manager's entry is restricted. You should plan on moving, if the owner does not restrict the manager's entry, but at least your privacy will be protected.
The law now requires a landlord to provide dead bolt locks on the doors and adequate locks on the windows of a residential rental unit. Civil Code Section 1941.4. Failure to do so violates the
"warranty of habitability", permitting the tenant to move out, repair and deduct, or withhold rent as
remedies.
There is occasionally a manager who wants to evict a tenant for refusing to have sex. The California sexual harassment laws now permit a tenant to sue the manager and landlord for sexual harassment, but the law still appears to authorize such an eviction.
Miscellaneous Special Laws
The Hide-and-Seek Landlord
Discussed above was the requirement that the landlord identify who is the authorized manager, who is the owner, where and how rent is to be paid, and the requirement of giving this information in the lease or posting it. If the rent can't be personally delivered [like there is no address, or you only have a PO Box or deposit box], the tenant can
mail the rent, and it is "paid" on the date it goes into the mailbox, even if the landlord doesn't get it until later. Mailed rent under those circumstances requires "proof of mailing", which can be done by certified or registered mail, but also by declaration of proof of service, a witness, or a simultaneously mailed copy to yourself that shows the postmark [which can be the next mail day]. You may want to call the landlord to remind him that you mailed the rent to him under new
Civil Code 1962.
If the landlord refuses to identify his or his full agent's name, address and phone, when you sue the landlord, you can just
mail the summons and complaint [must be registered or certified mail] to the place where you send the rent, and you don't have to hunt him down, at all. This is important for small claims cases by you, suing to get your security deposit back. You don't even need a sheriff to serve the papers under those circumstances. For small claims, be sure to mail the Plaintiff's Claim at least 10 days before the trial date.
Civil Code 1962 also requires any 3-day notice to pay or quit to identify the name, address, phone, and available hours of the person to be paid [or the banking information] , and the manner of payment. Most landlords don't know about this new law, and use their old forms which do not contain this information. What happens if they don't? will be the next question courts decide: either the notice is no good because it lacks that information, or the missing information is only significant if the tenant tried to pay the rent but didn't know where or how.
Landlord liability for criminal acts of others
Even if the landlord is not insured for it, the landlord can still be sued and held liable for crimes
committed in the apartment complex, such as thefts from the cars, where the landlord has been
negligent, such as failing to fix the garage security gate. They often claim they are not liable, but that is a bluff. Also, if the conduct in question was that of the resident manager or other employee hired by the landlord, the landlord is personally responsible to you as though he had done the act. Crime is a habitability issue, under the contract, not just negligence.
They may also appear to deny liability because their insurance "doesn't cover that". That's their problem: they can't avoid liability by avoiding insurance. If that worked, nobody would buy insurance. Moreover, the fact that
you did not have "renter's insurance" is no excuse for
their neglect, nor does it reduce your recovery. See a lawyer about your theft, for the details.
Shared Utilities
If you live in a unit where you get the utility bill for service which is
also supplied to another unit, a laundry room, or garage, Civil Code Section 1940.9 requires that that landlord tell you about that when you rent the place and make some agreement about the distribution of the service expenses [like you pay 50%]. If the landlord doesn't do that, you can sue [even in small claims court] for a reimbursement of the portion used outside your unit, whatever that is. [Civil Code Section 1940.9(b)(2)]
Pesticide and Toxic Mold Report
If your landlord uses a regular pest control company, you must receive or there must be posted a notice identifying the pesticides used, their active ingredients, and a notice about possible health effects. [Civil Code Section 1940.8]
Toxic Mold has gained attention. It can lead to serious lung infections, and often results from landlords' neglect of pipes leaking the walls, leaky roofs, and unsealed [a special coating] walls. New
Health and Safety Code 26147 requires the landlord to tell current and prospective tenants about the mold, as well as do something about it as a habitability issue. The standards and treatment methods are not established yet [2004] although this law was enacted in 2001. The important thing is that you write a letter to your landlord about the mold in your apartment and ask that it be removed. That way, he can't claim he didn't know about it, should you get sick from the mold.
Fumigation<
Termite fumigation requires the tenting of the building for 2-3 days, and for the occupants to be out. Common though this situation is, there is NO LAW about how this should be handled. The temporary exit costs the tenants lodging and restaurant meals, food replacement and substantial time to move clothes, medicine and essentials to the hotel/motel, re-route phone calls and mail, set up alternative transportation and child care, in addition to having an apartment that can't be used for those days. If tenants vacate on different days, the early birds are kept out longer. The stay outside the apartment could easily cost more than the month's rent. If you paid your rent for that month AND have to pay for these extra costs, you could very likely pay double rent for a month of inconvenience.
Fumigation becomes an issue for one of two reasons: either the City Inspectors require it [which is rare] or the landlord is selling or refinancing the building, in which case, you might expect a rent increase in the near future [to pay the higher mortgage]. The lenders and buyers want to see a termite report, and have the place tented if termites are a problem. If the landlord plans to cash in on the building, your landlord
will have the money to be able to pay for your temporary relocation, and could apply your security deposits as an interim cash flow aid until the loan or sale comes through. Generally, you get no such offers, but only a notice that you'll have to be out of the property for a few days.
This is NOT the law, but merely a workable strategy: Get your neighbors together when you get this notice, and work out a plan. What will it cost you to be out for a few days in room and board [pick a moderately priced hotel in the vicinity], and what if it lasts longer than a couple of days? When would this have to be done? What arrangements will you each have to make to comply? What will the replacement food cost? Come to an agreement and have the things itemized to present to the landlord. Get an agreement from the landlord
in writing for each tenant that the landlord will advance $X to each of you
in advance solely as compensation for the temporary move, a beginning date when you sign out and get your money, and a definite return date when you can come back in. You should also include that any extra expenses for additional days will be either paid by the landlord immediately as due or come out of future rents as a credit. From the landlord's perspective, this is an expensive proposition, but he has to understand that he is the one who wants this, he has the money, and his alternative is to delay everything and start eviction proceedings, at even greater expense and disruption to him.
His worst situation is where all but one tenant agrees to leave, because the fumigation will not proceed if even one tenant remains, due to the dangers of the pesticides. Therefore, this is not a time for him to divide and conquer; he must work out a deal with everyone. From your perspective, it might be better to start looking around for a place to move, anyway. If the new landlord comes in, you probably will get a rent increase, and if the place is refinanced, the mortgage will probably be higher as the landlord "pulls out equity" to buy another apartment building, and you'll get a rent increase. Consequently, don't be intimidated by the landlord's threats of eviction. Rather, call in the building inspector to see what else is wrong with the building that might need to be fixed, and would hold up a sale and possible refinancing. By playing "tough guy" with you in this situation, the landlord only hurts himself.
Foreclosure
Just because you have been paying your rent doesn't mean that your landlord has been paying his
mortgage. Many people trying to get rich quick in real estate over the past decade have found
themselves scrambling to cover the mortgages, often "robbing Peter to pay Paul". As a result, you
may find yourself being evicted by the bank after the foreclosure sale, having done no wrong.
Similarly, you may have been the owner of a home who, through job loss, family illness, or
otherwise, found yourself facing foreclosure and eviction from what was once your home. Finally,
you may have been the lawful owner who was hoodwinked by real estate con men who had you sign some papers and are now evicting you, when they had promised to help you refinance. In any of
these cases, all hope is not lost.
After the "Trustee's Sale" which concludes the foreclosure, the new owner [which is sometimes the foreclosing bank] cannot legally take possession without then going through the eviction process. As with the other kinds of evictions, the process does take time, during which you can sort out your options. The former owner is entitled to a 3-day notice, and any tenant of the former owner is entitled to 30 days' notice, before the eviction lawsuit can be filed. If you are such a tenant, but get only a 3-day notice, you have a tactical advantage when you start fighting the eviction. Also, there are remedies for any improprieties in real estate swindles, such as reversing the title in "equity purchases", and raising the fraud as an eviction defense. Your lawyer can explain the details of these approaches and help you decide how best to handle the problem.
For those former owners of what became "over-encumbered" homes [i.e., you owe on it more than it's worth], you should be aware that the foreclosure does not end your financial plight. To the extent
that the unpaid portion of your mortgage was not satisfied by trustee's sale of your property, you
were released from a debt - and that is taxable income.
As a result, many former homeowners are forced into bankruptcy to avoid the tax consequences of the foreclosure and truly get a fresh start. If you are contemplating filing bankruptcy, you would want to coordinate that with any other legal actions you may be involved with, including evictions, as well as the timing of the foreclosure sale, for maximum beneficial effect to you. Your attorney can explain how it is done, and help you decide whether or when to file bankruptcy.
Apartment Manager Minimum Wages
Here is the surprise to most resident managers. The typical agreement for resident managers is to have a free or reduced rent apartment in exchange for unlimited hours of work managing the building.
However, the California Industrial Welfare Commission [IWC - California's labor department] regulates the minimum wage law for apartment managers [part of the "Public Housekeeping Industry"], and requires that resident managers be paid at the prevailing minimum wage for all hours worked, meaning time spent on chores. The current law is presented in
IWC Order 5-2001 The exemption for managers and others in an administrative capacity would
rarely apply to apartment managers, and then only because they are paid at least double the minimum wage on a 40-hour per week basis. Minimum wage just went from $6.25/hr to $6.75/hr effective 1/1/02. Do the math.
If the manager works more than 40 hours per week, the standard time-and-a-half rule applies. Against that minimum wage obligation, the landlord can deduct up to 2/3 of the market rental value of the manager's apartment However, that deduction cannot be more than $381.20 for a single manager and $563.90 for a couple, and it is only permissible there is a voluntary written agreement to that effect. Without a voluntary written agreement to pay rent, the manager's apartment is free, without any offset from the wages! Usually, the agreement is oral. And then what?
The manager can sue the landlord for the unpaid wages, plus an extra month "waiting time penalty", and interest, plus attorney fees and court costs. Managers who face eviction enjoy the benefit of offset and a counter-suit for a substantial amount. It is not unusual for a landlord to owe the manager $20,000 in unpaid back wages.
All that is necessary is to keep track of the time spent, or reconstruct to the best of ability what was done, how long it took, and how often it was done. If you are now a manager, start keeping your time log and make it accurate.
