California Landlord Basics Webinar
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Transcript of California Landlord Basics Webinar
DISCLAIMERYou agree, by participating in this webinar, that the information presented does not constitute
legal advice and is being presented for informational purposes only. You agree that no
attorney-client relationship is established or assumed by participating in this webinar and that the information or suggestions presented in this broad overview may not apply to your specific
circumstances.
LEASE
DRAFTING• Standard Forms
• Create Your Own
LEASE
DRAFTING• Identify the Key Terms
• Occupants and Limits• Rent Amount and Deposits• Duration• Notices (Entry, Termination)• Pets
• Decide on “House Rules”• Addendum
LEASE
TERMINATING• Automatic Terminations
• 30/60 Day Notices
LEASE
RENEWING• Automatic Month-to-Month
• Notice Requirement
• Executing New Leases
LEASE DISPUTES &
REMEDIES• 3-day Notices
• Negotiations and Buyouts
• Unlawful Detainer Actions
DEFINITION OF
HABITABILITY• Court Definition
• Green v. Superior Court (1974)
• Vagueness• Minimum Requirements• Court Interpretation, If Condition Is
Substantially Lacking• Cal. Civil Code Section 1941.1
DEFINITION OF
HABITABILITY• Habitable vs. Non-Habitable
• Landlord has Duty of • IMPLIED WARRANTY OF HABITABILITY
-Green v. Superior Court
• Building Codes and State Statutes • Includes: heat, water, plumbing, electrical,
dead bolt lock entry doors, etc.
-(Cal Civ. Code 1941.1)
SPECIFIC
VIOLATIONS• Examples (NECESSITIES)
• Broken water heater• Hole in roof• Broken heater
• Examples (AMENITIES) • Broken washer/dryer• Broken AC• Other aesthetic conditions
RESPONSIBILITY OF
LANDLORDSRepairs in REASONABLE TIME
1. Tenant Notifies Landlord
2. Repair Time Depends on TYPE of Violation• Typically 30 days, some violations prompt
quicker attention• Water heater (1-3 days more reasonable)• Broken locks (24 hours reasonable)• Broken heater in the winter
3. Comply with Statues & Codes
RESPONSIBILITY OF
TENANTSTenant Responsibility for REASONABLE CARE
• Duty to Repair on Landlord, but Tenant must:
1. Keep unit clean and sanitary2. Dispose of garbage appropriately3. Appropriate gas, electrical, plumbing use4. No destruction, damaging, or removal of any
part of the unit5. Use the premises only for intended purpose
AVAILABLE DISPUTE
REMEDIES• Repair & Deduct Remedy
• After Neglect By Landlord, Tenant Can Use Rent to Make Repairs
• Available Twice per any 12-month period
• Specific Notice Requirements
• See Article in Resource Library
AVAILABLE DISPUTE
REMEDIES• Withholding Rent
• Violations More Severe Than Repair and Deduct
• Threat to Tenant’s Health or Safety
• Risky: Usually End Up in Court, Complex Calculations
AVAILABLE DISPUTE
REMEDIES• Abandonment
• If Successful, Not Responsible For Future Rent
• Seriously and Directly Affect Tenant’s Health and Safety
• Similar Requirements to Repair and Deduct Remedy
• Notice, Reasonable amount of time, etc.
RULES FOR
UPFRONT DEPOSITS• Must be Refundable
• Deposit Maximums
• Separate Application Screening Fee and Tenant Processing Fee Allowed
RULES FOR
UPFRONT DEPOSITS• Must be Refundable
• Deposit Maximums
• Separate Application Screening Fee and Tenant Processing Fee Allowed
ALLOWABLE USES FOR
DEPOSITS• Unpaid Rent
• Cleaning of Unit
• Repair of Damages Beyond Normal Wear and Tear
• If Permitted – Restoring Furniture or Other Personal Property
REQUIREMENTS FOR
RETURNING DEPOSITSItemized Statement of Deductions
• Must Include Receipts for Anything Over $125 Unless Waived
• If Work Completed by Landlord or Landlord’s Employee, Must Included Itemized Statements
• Good Faith Estimate for Work Not Yet Completed
DEPOSIT
DISPUTES• Process
• Informal Resolution
• Mediation
• Small Claims Court
DEPOSIT
DISPUTES• Damages
• Actual Damages
• Bad Faith Penalty – Two Times the Deposit
• Potentially Attorney Fees