SO NOW YOU ARE A RENTER
In today’s economy, homes are “Under water” and when jobs are lost, people walk away from their mortgage. You have to live somewhere – right?!! “I have not been a renter in twenty years!!”. A refresher course in being a renter is often in order.
Rule One: Read your lease. Landlord tenant law is partly based upon the terms of a written or oral contract and partly based upon what statutory law demands. Until you know what your lease says, you won’t know whether its legal.
Rule Two: Acquire a basic understanding of the law. For example, State law (in every state except Arkansas) guarantees tenants an “implied warranty of habitability,” regardless of when they spotted the problem or what the lease says. It’s also a violation of the law to discriminate against tenants or potential tenants. If it’s a safety or health issue, tenants in many states can deduct the cost of repairs or withhold partial rent. But be warned: Get advice from a tenant advocate first. You can’t just stop paying all rent, as many renters believe. Nonpayment is grounds for eviction. Instead, send the landlord a certified letter requesting repairs.
Rule Three: Get it in writing and do not sign a lease and don’t give a landlord any money, until the place is in the condition you want it to be – EVER!! There is no such thing as a “standard lease,” and many, even from apartment groups, will contain errors.
All appliances needs to be listed, checked by the prospective renter and if it does not work, DON’T SIGN UP UNTIL IT DOES!!
Rule Four: Don’t take sob stories. Landlords have legal and contractual duties that are imposed regardless of their financial troubles. TOUGH!! That is exactly what response would you get from this idiot if you tell them that you are having cash flow problems and can't pay the rent in a timely manner? Their response will be a quick summons on your door to show up in court to face eviction. If a landlord claims: ‘I can’t afford to fix it.’, check the lease and state law. If you are entitled to have “It” fixed, maybe you should say: “Gee, sorry to hear you’re having money problems, but, um, can you tell me again how that’s my problem? Wait, here’s an idea: Why not use some of the rent I’m paying to bring the unit up to code?” The landlord cannot shift obligation to the tenant to provide habitable dwelling. That’s the landlord’s responsibility. That’s what they’re getting paid for.
The way in which a tenant is evicted is called “Unlawful Detainer” and is determined by the California Code of Civil Procedure. The statutes are procedural and provide a summary procedure for regaining possession of real property. The statutory remedy is intended to be a relatively simple and speedy remedy that obviates any need for self-help by landlords. The summary nature of unlawful detainer proceedings mandate strict compliance with the governing statutory provisions. There are persons who are not lawyers who provide assistance and advice in unlawful detainer proceedings. They are governed by the “Unlawful Detainer Assistants Act which is found in the California Business and Professions Code. An "unlawful detainer assistant" is any individual who for compensation renders assistance or advice in the prosecution or defense of an unlawful detainer claim.
An unlawful detainer assistant must register with the county clerk in the county where the unlawful detainer assistant has his or her principal place of business and in any other county in which he or she performs acts for which registration is required. However, the registration requirement does not apply a member of the bar.
On registration, the unlawful detainer assistant must post a bond. Theoretically, unlawful detainer assistant are supposed to save a tenant money to avoid the necessity of paying a lawyer. Tenants should make sure that the unlawful detainer assistant are quoting competitive rates – ie. lower than a lawyer would charge and make sure that they are registered and bonded. Why pay the same amount a lawyer would charge if you can get “The real thing”.
Landlords may not do any of the following with the intent to terminate the occupancy under a lease or tenancy:
- Interruption or termination of any utility service, including without limitation, water, heat, light, electricity, gas, phone, elevator, or refrigeration, whether or not the utility service is under the landlord's control.
- Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock.
- Remove outside doors or windows.
- Remove the tenant's personal property, furnishings, or any other items from the premises.
Tenancies in mobile home parks are a different matter and are governed by the Mobilehome Residency Law. Tenancy in a mobilehome park may be terminated by management a limited number of reasons.
Tenancies in recreational vehicle parks are still another issue are governed by the Recreational Vehicle Park Occupancy Law.
Under the Servicemembers Civil Relief Act, a servicemember or dependents of the servicemember may not be evicted from any premises occupied or intended to be occupied primarily as a residence and for which the agreed rental is not more than $2,400 per month without leave of court. The court may stay the proceedings for up to 90 days, unless the court determines that justice and equity require a longer or shorter period of time, or adjust the obligations under the lease to preserve the interests of all parties. In addition, state legislation offers temporary protection from the enforcement of civil liabilities for officers and enlisted members of the National Guard called or ordered into active state or federal service and reservists of the United States Military Reserve who have been on full-time active service or duty since September 11, 2001.
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