The California Landlord's Law Book: Rights and Responsibilities,9780873375818

The California Landlord's Law Book: Rights and Responsibilities

by ;
Edition: 7th
ISBN13: 9780873375818
ISBN10: 0873375815
Format: Paperback
Pub. Date: 2001-04-01
Publisher(s): Nolo.Com
List Price: $44.95

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Table of Contents

Introduction
Renting Your Property: How to Choose Tenants and Avoid Legal Pitfalls
Adopt a Rental Plan and Stick to It
2(1)
Advertising Rental Property
2(1)
Dealing With Prospective Tenants
3(8)
Checking Background, References and Credit History of Potential Tenants
11(4)
Choosing-and Rejecting-an Applicant
15(2)
Holding Deposits
17
Understanding Leases and Rental Agreements
Oral Agreements Are Not Recommended
2(1)
Written Agreements: Which Is Better, a Lease or a Rental Agreement?
2(4)
Common Legal Provisions in Lease and Rental Agreement Forms
6(21)
How to Modify and Sign Form Agreements
27(1)
About Cosigners
28(2)
Illegal Lease and Rental Agreement Provisions
30
Basic Rent Rules
How Much Can You Charge?
2(1)
When Rent Is Due
2(2)
Where and How Rent Is Due
4(1)
Late Charges
5(1)
Returned Check Charges
6(1)
Partial Rent Payments
7
Rent Control
Property Exempt From Rent Control
3(1)
Local Rent Control Administration
3(1)
Registration of Rental Properties
3(1)
Rent Formula and Individual Adjustments
4(2)
Security Deposits
6(1)
Certification of Correct Rent Levels by Board
6(1)
Vacancy Decontrol
6(1)
Tenant Protections: Just Cause Evictions
7(2)
Rent Control Board Hearings
9(4)
Legal Sanctions for Violating Rent Control
13
Security Deposits
Legal Definition of Security Deposit
2(1)
Refundability of Deposits
3(1)
Dollar Limits on Deposits
3(1)
How to Increase Deposit Amounts
4(1)
Last Month's Rent
4(1)
Interest, Accounts and Recordkeeping on Deposits
5(1)
Insurance as a Back-Up to Deposits
6(2)
When Rental Property Is Sold
8(1)
If You're Purchasing Rental Property
9
Property Managers
Hiring Your Own Manager
2(1)
Avoiding Legal Problems
3(8)
Management Companies
11(1)
An Owner's Liability for a Manager's Acts
12(3)
Notifying Tenants of the Manager
15(1)
Firing a Manager
16(1)
Evicting a Manager
17
Getting the Tenant Moved In
Inspect and Photograph the Unit
2(1)
Send New Tenants a Move-In Letter
3(8)
Cash Rent and Security Deposit Checks
11
Lawyers, Legal Research, Eviction Services and Mediation
Legal Research Tools
2(2)
Mediating Disputes With Tenants
4(2)
Non-Lawyer Eviction Services
6(1)
Finding a Lawyer
7(1)
Paying a Lawyer
8(1)
Resolving Problems With Your Lawyer
9
Discrimination
Legal Reasons for Refusing to Rent to a Tenant
2(4)
Sources of Discrimination Laws
6(1)
Forbidden Types of Discrimination
7(15)
Occupancy Limits
22(1)
Legal Penalties for Discrimination
23(1)
Owner-Occupied Premises and Occasional Rentals
24(1)
Managers and Discrimination
25(1)
Insurance Coverage for Discrimination Claims
26
Co-Tenants, Sub-Tenants and Guests
Renting to More Than One Tenant
2(2)
Sub-Tenants and Sublets
4(1)
When a Tenant Brings in a Roommate
5(3)
If a Tenant Leaves and Assigns the Lease to Someone
8
The Landlord's Duty to Repair and Maintain the Property
State and Local Housing Standards
3(1)
Enforcement of Housing Standards
4(3)
Maintenance of Appliances and Other Amenities
7(1)
The Tenant's Responsibilities
8(1)
The Tenant's Right to Repair and Deduct
9(2)
The Tenant's Right to Withhold Rent When the Premises Aren't Habitable
11(2)
The Landlord's Options If a Tenant Repairs and Deducts or Withholds Rent
13(4)
The Tenant's Right to Move Out
17(1)
The Tenant's Right to Sue for Defective Conditions
18(4)
Avoid Rent Withholding and Other Tenant Remedies by Adopting a High-Quality Repair and Maintenance System
22(6)
Tenant Updates and Landlord's Regular Safety and Maintenance Inspections
28(2)
Tenant's Alterations and Improvements
30(6)
Cable TV and Satellite Dishes
36
Landlord's Liability for Dangerous Conditions, Criminal Acts and Environmental Health Hazards
Legal Standards for Liability
3(9)
Landlords' Responsibility to Protect Tenants From Crime
12(5)
How to Protect Your Tenants From Criminal Acts While Also Reducing Your Potential Liability
17(7)
Protecting Tenants From Each Other (and From the Manager)
24(4)
Landlord Liability for Drug-Dealing Tenants
28(3)
Liability for Environmental Hazards
31(13)
Liability and Other Types of Property Insurance
44
Landlords' Right of Entry and Tenants' Privacy
The Landlord's Right of Entry
3(6)
Entry by Others
9(1)
Other Types of Invasions of Privacy
10(2)
What to Do When Tenants Are Unreasonable
12(1)
Tenants' Remedies If a Landlord Acts Illegally
13
Raising Rents and Changing Other Terms of Tenancy
Basic Rules to Change or End a Tenancy
2(1)
Rent Increase Rules
3(5)
Preparing a Notice to Raise Rent
8(1)
How the Notice Is Served on the Tenant
8(3)
When the Rent Increase Takes Effect
11(1)
Changing Terms Other Than Rent
11
Retaliatory Rent Increases and Evictions
Types of Retaliation That Are Prohibited
2(1)
Proving Retaliation
3(1)
Avoiding Charges of Retaliation
4(6)
Liability for Illegal Retaliation
10
The Three-Day Notice to Pay Rent or Quit
When to Use a Three-Day Notice
2(1)
How to Determine the Amount of Rent Due
2(3)
How to Fill Out a Three-Day Notice
5(2)
Serving the Three-Day Notice on the Tenant
7(3)
If the Tenant Offers to Pay Rent
10(1)
If the Tenant Won't Pay Rent (or Leave)
10
Landlord No-No's: Self-Help Evictions, Utility Terminations and Taking Tenants' Property
Forcible Evictions
2(1)
Locking or Driving the Tenant Out Without Force
3(1)
Seizing the Tenant's Property
4(1)
Effect of Landlord Forcible Eviction on a Tenant's Liability for Rent
4
Terminating Tenancies
The 30- or 90-Day Notice in Cities That Don't Require Just Cause for Eviction
3(5)
The Three-Day Notice in Cities That Don't Require Just Cause for Eviction
8(9)
Termination When Just Cause for Eviction Is Required
17(7)
Termination When No Notice Is Required
24
When a Tenant Leaves: Month-to-Month Tenancies, Fixed-Term Leases, Abandonment and Death of Tenant
Termination of Month-to-Month Tenancies
2(3)
Termination of Fixed-Term Leases
5(2)
Termination by Tenant Abandoning Premises
7(2)
What to Do When Some Tenants Leave and Others Stay
9(3)
Death of a Tenant
12
Returning Security Deposits
Basic Rules for Returning Deposits
2(3)
Deductions for Cleaning and Damages
5(2)
Deductions for Unpaid Rent
7(1)
Preparing an Itemized Statement of Deductions
8(6)
Small Claims Lawsuits by the Tenant
14(5)
If the Deposit Doesn't Cover Damage and Unpaid Rent
19
Property Abandoned by a Tenant
Personal Property
2(5)
Motor Vehicles
7
APPENDIX A HOW TO USE THE FORMS CD-ROM
A. Installing the Form Files Onto Your Computer
A/2
B. Using the Word Processing Files to Create Documents
A/3
C. Using PDF Files to Print Out Forms
A/4
APPENDIX B TEAR-OUT FORMS AND RENT CONTROL CHART

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