Landlord Tenant Law Landlord Tenant Law Know Your Rights! Know Your Rights! By Ely Freedman.

Landlord Tenant LawLandlord Tenant Law

Know Your Rights!Know Your Rights!

By Ely FreedmanBy Ely Freedman

ContentsContents

• Looking for an apartmentLooking for an apartment– Rent or leaseRent or lease– DiscriminationDiscrimination

• Viewing the apartmentViewing the apartment– Pre-existing conditionsPre-existing conditions

• The contractThe contract– What to know before signingWhat to know before signing– Rights & obligationsRights & obligations– Damage depositDamage deposit

ContentsContents• In the apartmentIn the apartment

– Repair & deductRepair & deduct

• EvictionEviction– NoticeNotice– Unlawful DetainerUnlawful Detainer– DefensesDefenses– Eviction processEviction process

• Refund of depositRefund of deposit– The walk-aroundThe walk-around– Allowable deductionsAllowable deductions– Time limit for returning depositTime limit for returning deposit– Penalties for bad faithPenalties for bad faith

Rent or Lease?Rent or Lease?

• You are looking for a new You are looking for a new apartment…apartment…

• Should you rent or lease?Should you rent or lease?


• LEASELEASE

– Fixed termFixed term• 1 year, etc.1 year, etc.

• MONTH TO MONTH TO MONTHMONTH

– Renews each Renews each monthmonth

– Has no endHas no end


What is your goal?What is your goal?

• Flexibility?Flexibility?

• Security?Security?

Fixed term leaseFixed term lease

• AdvantagesAdvantages

– SECURITYSECURITY

• The landlord The landlord can’t can’t kick you outkick you out until until the end of your the end of your term.term.

• The landlord The landlord can’t can’t raise your rent!raise your rent!

• DisadvantagesDisadvantages

– NO FLEXIBILITYNO FLEXIBILITY

• You can’t leaveYou can’t leave until until the end of your term.the end of your term.

• If you have to leave, If you have to leave, you must continue you must continue paying the rent!paying the rent!

Month to MonthMonth to Month

• AdvantagesAdvantages

– FLEXIBILITYFLEXIBILITY

• You can leave You can leave whenever you want whenever you want

– with proper with proper notice.notice.

• DisadvantagesDisadvantages

– NO SECURITYNO SECURITY

• The landlord can The landlord can kick you out kick you out FOR FOR NO REASONNO REASON

– with proper with proper noticenotice

Finding an apartment:Finding an apartment: DiscriminationDiscrimination

• Are you pregnant?Are you pregnant?• Do you have children?Do you have children?

Finding an ApartmentFinding an Apartment

• Suppose the landlord refuses Suppose the landlord refuses to rent to children?to rent to children?

DiscriminationDiscrimination

• Generally, it is Generally, it is illegalillegal to refuse to to refuse to rentrent

– to a pregnant womanto a pregnant woman– to a family with childrento a family with children

……DiscriminationDiscrimination

• ……Also, the landlord Also, the landlord cannotcannot charge charge extra rent just because you have extra rent just because you have children.children.

But…But…

• A landlord A landlord cancan refuse to rent the refuse to rent the apartment if there are too many apartment if there are too many children per room.children per room.


• It is also It is also illegal illegal to discriminate to discriminate based onbased on– RaceRace– ReligionReligion– SexSex– Sexual orientationSexual orientation– Marital status Marital status – Disability.Disability.


• I’m disabled.I’m disabled.

• Who pays for the modifications to the Who pays for the modifications to the building?building?


•Sorry. You do.Sorry. You do.

– And you may have to pay to restore And you may have to pay to restore the apartment to its original condition the apartment to its original condition when you leave.when you leave.


• How do I know if How do I know if the landlord is the landlord is discriminating discriminating against me, or if against me, or if the apartment is the apartment is really not really not available?available?


• Have a friend check on the availability Have a friend check on the availability of the apartment!of the apartment!


• If you are the victim of If you are the victim of discrimination, see a lawyer!discrimination, see a lawyer!


• You can…You can…– Win moneyWin money

– Move into the apartmentMove into the apartment

– Force the landlord to stop discriminating Force the landlord to stop discriminating

– Win attorneys’ feesWin attorneys’ fees

Attorneys FeesAttorneys Fees

• Can I win Can I win attorneys fees in attorneys fees in any landlord-any landlord-tenant case?tenant case?

Attorneys feesAttorneys fees

• In cases involving:In cases involving:– DISCRIMINATIONDISCRIMINATION– WARRANTY OF HABITABILITYWARRANTY OF HABITABILITY– ABUSE BY LANDLORDABUSE BY LANDLORD

• Otherwise, only if it is specified in your Otherwise, only if it is specified in your rental contract.rental contract.

(look for it near the end of the contract)(look for it near the end of the contract)

Viewing the apartmentViewing the apartment

• Suppose the landlord refuses to let Suppose the landlord refuses to let you see the apartment before you see the apartment before signing the lease?signing the lease?

DON’T SIGN!!!!!DON’T SIGN!!!!!

• There must be something wrong!!There must be something wrong!!

Run, don’t walk away!!Run, don’t walk away!!

• You will continue to have You will continue to have problems with this landlord!!!problems with this landlord!!!

Do a “walk-through”Do a “walk-through”

• Walk through the apartment with the manager.Walk through the apartment with the manager.

• View the apartment carefully.View the apartment carefully.

• Look for hidden problems.Look for hidden problems.

Before Signing…Before Signing…

• Suppose there is a problemSuppose there is a problem with the apartment?with the apartment?

Put it in writing!!!Put it in writing!!!

• Make a list of ALL PROBLEMS.Make a list of ALL PROBLEMS.• Landlord should sign it.Landlord should sign it.• Include list in the contract.Include list in the contract.

Suppose the landlord Suppose the landlord refuses to sign?refuses to sign?

• Within the first Within the first 3 days:3 days:

– Take pictures! Keep receipt with date.Take pictures! Keep receipt with date.

– Have a friend witness the condition of the Have a friend witness the condition of the apartment.apartment.

What happens if I don’t?What happens if I don’t?

• At the end of your tenancy, you At the end of your tenancy, you may not get your deposit back.may not get your deposit back.

Security DepositSecurity Deposit

• How much security deposit can be How much security deposit can be charged?charged?

• 2 x rent if unfurnished2 x rent if unfurnished• 3 x rent if furnished3 x rent if furnished

•It is also OK to charge a reasonable amount for It is also OK to charge a reasonable amount for credit check.credit check.

Damage depositDamage deposit

• Can the landlord charge a Can the landlord charge a

“ “non-refundable”non-refundable” cleaning cleaning deposit?deposit?

Damage depositDamage deposit

•NO!NO! All damage deposits are All damage deposits are

100%100% refundable.refundable.

… …More on this later!More on this later!

Before signing…Before signing…

•If you negotiate the If you negotiate the lease in lease in

–SpanishSpanish

–TagalogTagalog

–ChineseChinese

–KoreanKorean

–Vietnamese….Vietnamese….


– The LandlordThe Landlord MUSTMUST give you a give you a translationtranslation of of the contractthe contract beforebefore you sign!you sign!


• Paying the rentPaying the rent– When is the rent due?When is the rent due?– How should I pay?How should I pay?

• Can I have pets in the Can I have pets in the apartment?apartment?


Before signing… Before signing…

• How about visitors?How about visitors?

• The contract contains The contract contains ALL ALL of your of your rights and obligations.rights and obligations.

• Read it carefully!!!Read it carefully!!!

It’s all in your contract!!!It’s all in your contract!!!

• Amount of rent.Amount of rent.• When due.When due.• Late fees.Late fees.• How to pay.How to pay.• Pets.Pets.• Visitors.Visitors.• ……and much more!and much more!

• Everything important Everything important MUST BE IN MUST BE IN WRITING!WRITING!

– Changes to the contractChanges to the contract– Promises by the landlordPromises by the landlord– Requests for repairsRequests for repairs

Oral promisesOral promises

• If it is If it is notnot in the written in the written contract, it is contract, it is worthless!worthless!

• Put all promises in writing!Put all promises in writing!

Put it in writing!Put it in writing!

• EverythingEverything important should be in important should be in writing!writing!

– Changes to the contractChanges to the contract– List of existing damageList of existing damage– Requests for repairsRequests for repairs– Confirmation of oral promisesConfirmation of oral promises– Change in rentChange in rent– Request for deposit returnsRequest for deposit returns– Correspondence.Correspondence.

……and keep a copy!and keep a copy!

• Mail by registered or certified mailMail by registered or certified mail

• And keep a copy!And keep a copy!

……Why?Why?

• Your landlord will remember things Your landlord will remember things differently!differently!

• Oral representations may not be Oral representations may not be binding.binding.

• It’s a question of proof. It’s a question of proof.

• Can I pay in cash?Can I pay in cash?

……The RentThe Rent

– OnlyOnly check check or or money ordermoney order provides permanent proof provides permanent proof of your payment.of your payment.

– Read your contract. It will specify method of payment.Read your contract. It will specify method of payment.

– Use cash only if landlord gives you a Use cash only if landlord gives you a receipt on the receipt on the spot.spot.

NO! NO! NO! NO!NO! NO! NO! NO!

• How much can they raise my rent?How much can they raise my rent?

There is There is

NO LIMIT!!*NO LIMIT!!*

*There are limits in rent-*There are limits in rent-control citiescontrol cities

• Month to month contract:Month to month contract:

– The landlord can’t raise the rent The landlord can’t raise the rent without giving you without giving you written noticewritten notice

• How much notice?How much notice?• Depends on amount of increase.Depends on amount of increase.

– 10%10% or less: or less: 30 30 daysdays– MoreMore than 10%: than 10%: 6060 days days

Based on lowest rent in previous Based on lowest rent in previous

12 months12 months

• If your rent was $500 on January 1…If your rent was $500 on January 1…

• And the Landlord wants to raise the rent And the Landlord wants to raise the rent to $525…to $525…

• How much notice must he give?How much notice must he give?

30 days30 days

(5% increase from January 1)(5% increase from January 1)

Now your landlord wants to raise the Now your landlord wants to raise the rent to $575.rent to $575.

How much notice must he give?How much notice must he give?

60 Days60 Days

$75 is more than 10% increase from January’s rent of $500$75 is more than 10% increase from January’s rent of $500

Rent IncreasesRent Increases

Is there a limit to how many times the Is there a limit to how many times the landlord can raise the rent?landlord can raise the rent?

Rent IncreasesRent Increases

NO!NO!

As long as he gives you the proper noticeAs long as he gives you the proper notice

Rent increasesRent increases

• ……BUTBUT

• If the landlord only gives you If the landlord only gives you oraloral notice, or notice, or shortshort notice, notice,

• And you begin to And you begin to paypay the new the new rent…rent…

Rent increasesRent increases

• You are stuck with You are stuck with the new rent…the new rent…

• Even though the Even though the landlord broke the landlord broke the law!law!

In the Apartment…In the Apartment…

What happens if we need What happens if we need repairs?repairs?

Notify your landlord!Notify your landlord!

• Call the landlord.Call the landlord.

• If they do not respond, request If they do not respond, request repairs repairs in writing.in writing.

The landlord won’t fix it!The landlord won’t fix it!

• We haven’t had heat for 2 months!We haven’t had heat for 2 months!

• The landlord won’t answer our The landlord won’t answer our letters.letters.

Repair and DeductRepair and Deduct

• You can do the repairs yourself…You can do the repairs yourself…

Repair and deductRepair and deduct

• ……and deduct the amount from the and deduct the amount from the rent.rent.

Repair and DeductRepair and Deduct

• Put it in writing Put it in writing

• Use it only for major, important itemsUse it only for major, important items

• Use it only twice a yearUse it only twice a year

• Can’t exceed one month’s rentCan’t exceed one month’s rent

……repair & deductrepair & deduct

• ……ANDAND– You mustYou must not not have caused the have caused the

damage yourself!damage yourself!


• The landlord cannot evict you for The landlord cannot evict you for “repair and deduct”“repair and deduct”

• If he does, it is illegal “retaliatory If he does, it is illegal “retaliatory eviction”eviction”

– You can go to court and win money from the You can go to court and win money from the landlordlandlord


• Can I use Repair & Deduct to get rid of:Can I use Repair & Deduct to get rid of:

Yes.Yes.

Rent withholdingRent withholding

• In some cases, you can withhold In some cases, you can withhold rent until the problem is fixed.rent until the problem is fixed.

• It must be a serious or dangerous It must be a serious or dangerous condition which violates the condition which violates the “warranty of habitability”“warranty of habitability”

““Warranty of Habitability”Warranty of Habitability”

• An apartment is not “habitable” if it An apartment is not “habitable” if it has serious problems, such ashas serious problems, such as

• Toilet, bath, stove don’t workToilet, bath, stove don’t work• Roof leaksRoof leaks• No heatNo heat• Dangerous condition.Dangerous condition.

HabitabilityHabitability

• If a dwelling is If a dwelling is uninhabitable,uninhabitable, the the Landlord Landlord must notmust not

• Collect / raise rentCollect / raise rent

• Evict youEvict you

HabitabilityHabitability

• You can go to court and win You can go to court and win money!money!

Rent withholdingRent withholding

• Before you use this remedy, please Before you use this remedy, please see a lawyer!see a lawyer!

In the ApartmentIn the Apartment

I came home and found my landlord I came home and found my landlord looking around my apartment.looking around my apartment.

Can he do that?Can he do that?

In the ApartmentIn the Apartment

No!No!• You have a right to privacy!You have a right to privacy!

• If there is no emergency, the Landlord must If there is no emergency, the Landlord must give you notice before entering.give you notice before entering.

AbuseAbuse

• If a Landlord tries to force you to If a Landlord tries to force you to move, bymove, by– ThreatThreat– ExtortionExtortion– Excessive entryExcessive entry

AbuseAbuse

•You can take You can take him to court and him to court and win!win!

–$2,000 for each $2,000 for each abuse!abuse!

30-Day Notice30-Day Notice

• If you have a month-to-month If you have a month-to-month lease, you can be evictedlease, you can be evicted for NO for NO REASONREASON


• ……but, you but, you cannotcannot be evicted for an be evicted for an illegalillegal reason reason

• DiscriminationDiscrimination• Punishment for exercising your rightsPunishment for exercising your rights


• Landlord must give you Landlord must give you 3030-day-day noticenotice

• Notice must be Notice must be WRITTENWRITTEN

• Notice must be properlyNotice must be properly SERVED SERVED

Help!Help!

• I received a 30-day eviction notice I received a 30-day eviction notice that didn’t even say why I was that didn’t even say why I was being evicted. being evicted.

• Is that legal?Is that legal?

YES.YES.

• But you may have But you may have defenses:defenses:

– Improper serviceImproper service– Flawed noticeFlawed notice– WaiverWaiver– Retaliatory evictionRetaliatory eviction– DiscriminationDiscrimination

30-day notice: Defenses30-day notice: Defenses

• If there is a problem with If there is a problem with notice notice or or serviceservice, you can delay the eviction , you can delay the eviction

– possibly for months!possibly for months!

30-Day Notice: Defenses30-Day Notice: Defenses

• WaiverWaiver

– If you receive a 30-day notice, always If you receive a 30-day notice, always attempt to pay the attempt to pay the next month’s rent.next month’s rent.

– If the landlord accepts it, he If the landlord accepts it, he waives waives the Notice, and has to start over the Notice, and has to start over again!again!

30-day notice: Defenses30-day notice: Defenses

• If there is a question of If there is a question of – DiscriminationDiscrimination– RetaliationRetaliation

• Repair and DeductRepair and Deduct• Breach of Warranty of HabitabilityBreach of Warranty of Habitability• Filing a Complaint with the AuthoritiesFiling a Complaint with the Authorities

• You can fight the eviction and possibly You can fight the eviction and possibly win money!win money!

30-day notice30-day notice

• ……but you should but you should get help get help IMMEDIATELY!!!IMMEDIATELY!!!

Did someone call for a lawyer?


• Landlord can evict you with 3-day notice Landlord can evict you with 3-day notice if:if:

– You are late with You are late with rentrent

– You are inYou are in breach breach of contractof contract

– You are committing a You are committing a nuisancenuisance

– You are doing something You are doing something dangerousdangerous or or illegalillegal in the in the apartmentapartment


HELP!HELP!

• My rent is My rent is $500$500 per month. per month.

• I’m late with my rent.I’m late with my rent.

• I owe I owe $60$60 in late charges… in late charges…


• How much can the 3-Day Notice How much can the 3-Day Notice demand?demand?

a. $500a. $500

b. $560b. $560

c. $560 + interestc. $560 + interest


• 3-Day notice can only demand the 3-Day notice can only demand the amount of RENT that is due!amount of RENT that is due!

– No late charges or interest!No late charges or interest!– (in this case, $500)(in this case, $500)


• If it demands late fees or interest…If it demands late fees or interest…

• It is fatally flawed and will be It is fatally flawed and will be thrown out of court.thrown out of court.

• The landlord has to start over.The landlord has to start over.


• I am only 1 day late with the rent, I am only 1 day late with the rent, but the landlord gave me a 3-day but the landlord gave me a 3-day eviction notice!eviction notice!

• Is that legal?Is that legal?

YES.YES.


But what about my But what about my “grace period”?“grace period”?

My contract gives me 5 My contract gives me 5 days!days!

… …doesn’t it?doesn’t it?


NO!NO!The grace period only means thatThe grace period only means that IFIF the landlord the landlord

is willing to accept late rent… is willing to accept late rent…

……you will not owe late fees for that period.you will not owe late fees for that period.


……but he does not but he does not have to accept late have to accept late rent!rent!

So, what should I do?So, what should I do?

• If none of the defenses apply:If none of the defenses apply:

• You shouldYou should pay pay immediately.immediately.

• If the landlord accepts it, the If the landlord accepts it, the eviction iseviction is canceled canceled

Late with the rentLate with the rent

• Just make sure you pay byJust make sure you pay by

– Check Check oror– Money orderMoney order

• ……or get an immediate receipt!or get an immediate receipt!

3-day 3-day oror 30-day notice 30-day notice

• If the landlord makes If the landlord makes ANY MISTAKE ANY MISTAKE on the Notice…on the Notice…

• You can fight it!You can fight it!

Flawed eviction notice?Flawed eviction notice?

• Renders the notice invalid.Renders the notice invalid.

• The Landlord has to start over with The Landlord has to start over with a new notice.a new notice.

• You win time to look for a new You win time to look for a new place or come up with the rent.place or come up with the rent.

Flawed eviction noticeFlawed eviction notice

My husband was named on the My husband was named on the notice, but I was not.notice, but I was not.

What does that mean?What does that mean?

There are so many men… There are so many men…

……but so few good apartments!but so few good apartments!

You do not have to leave until you You do not have to leave until you are served a notice with are served a notice with youryour name on it.name on it.


• Examples of flawed notices:Examples of flawed notices:

– Late fees included in 3-day noticeLate fees included in 3-day notice– Rent demanded in 30-day noticeRent demanded in 30-day notice– Incorrect address, spelling, etc.Incorrect address, spelling, etc.– Insufficient notice ( eg. 2 days)Insufficient notice ( eg. 2 days)– Improper service.Improper service.


• What is wrong with What is wrong with this notice?this notice?

– No nameNo name– No addressNo address– No dateNo date– Not signedNot signed– Inadequate timeInadequate time– Unclear reasonUnclear reason– Service of process?Service of process?

ServiceService

• 3 methods3 methods– Personal servicePersonal service

– Substitute serviceSubstitute service

– Post & Mail Post & Mail – Only if the other 2 methods failedOnly if the other 2 methods failed– A copy must be mailed the same day.A copy must be mailed the same day.

NoticeNotice

• Calculating the timeCalculating the time

– Notice expires onNotice expires on the first the first business day business day after the third day, if after the third day, if the third day is a holiday or the third day is a holiday or weekend.weekend.

NoticeNotice

•ENDEND: 3-day notice served on : 3-day notice served on Wednesday or Thursday expires on Wednesday or Thursday expires on Monday.Monday.

•BEGINBEGIN: If notice is by Post & Mail: : If notice is by Post & Mail: begin counting the day AFTER begin counting the day AFTER posting.posting.

Eviction processEviction process

My 30 (or 3) days My 30 (or 3) days are up!are up!

Can the police Can the police throw me out throw me out now?now?

NO! NO! NO! NO! NO!NO! NO! NO! NO! NO!

Not yet.Not yet.

Unlawful DetainerUnlawful Detainer

• If you do not leave (or pay), the If you do not leave (or pay), the landlord must go to court.landlord must go to court.

• He must file an He must file an “unlawful detainer”“unlawful detainer” action in court.action in court.

““Unlawful Detainer”Unlawful Detainer”

– It is It is ILLEGALILLEGAL to cut off your to cut off your electricity, change the locks, or electricity, change the locks, or try to force you outtry to force you out

Illegal evictionIllegal eviction

A landlord who tries to evict a A landlord who tries to evict a tenant without first going to tenant without first going to court…court…

……may be sued and/or arrestedmay be sued and/or arrested

This is worth repeating:This is worth repeating:

• The landlord The landlord CANNOT CANNOT evict you evict you without first going to court!without first going to court!

• If you receive an “unlawful detainer” If you receive an “unlawful detainer” complaint, you must see a complaint, you must see a lawyer.lawyer.

– You may have defenses that will prevent or You may have defenses that will prevent or delay the eviction.delay the eviction.

Unlawful DetainerUnlawful Detainer

Unlawful detainerUnlawful detainer

• See the lawyer See the lawyer IMMEDIATELY!!!IMMEDIATELY!!!

• Your time to respond is very Your time to respond is very limited.limited.


• Your time to respond begins on the Your time to respond begins on the day day you receive the papersyou receive the papers……

• NOTNOT on the date written on the notice! on the date written on the notice!


• If you do not respond in time, the If you do not respond in time, the landlord will take a landlord will take a default default judgmentjudgment against you. against you.

• That means you That means you lose!lose!• Even if you hadEven if you had defenses! defenses!


• Do Do NOTNOT go to court alone. go to court alone.

• Do Do NOTNOT call the court. call the court.

• DO DO NOTNOT call the landlord’s lawyer.call the landlord’s lawyer.

• Do Do NOTNOT argue with the landlord! argue with the landlord!

Don’t Get Mad…Don’t Get Mad…

• ……GET EVEN!GET EVEN!

……Here’s how:Here’s how:

AnswerAnswer

• You must file a formal written You must file a formal written ANSWERANSWER in Court. in Court.

– Get the Get the FORMSFORMS from: from:• the Court the Court • the Law Librarythe Law Library• Legal AidLegal Aid• on line on line • an office supply store.an office supply store.

AnswerAnswer

• The The Law LibraryLaw Library has free landlord- has free landlord-Tenant Tenant clinics clinics every Monday and every Monday and Friday afternoon.Friday afternoon.

330 W. Broadway330 W. Broadway

685-6552685-6552

AnswerAnswer

• It’s better to have a It’s better to have a lawyer.lawyer.

• If you must represent yourself, just If you must represent yourself, just write the facts in write the facts in plain language.plain language.

AnswerAnswer• Raise any Raise any DEFENSESDEFENSES you may have: you may have:

• Invalid NoticeInvalid Notice

• ImproperImproper ServiceService

• WaiverWaiver

• Retaliatory EvictionRetaliatory Eviction

• Breach of Warranty of HabitabilityBreach of Warranty of Habitability

• Discrimination.Discrimination.

• If you have no lawyer:If you have no lawyer:

– Bring Bring witnesseswitnesses

– Bring Bring copiescopies of all papers of all papers

– Bring Bring photosphotos

– BE ORGANIZED!BE ORGANIZED!

In courtIn court

• If you WIN:If you WIN:

– You can stop the evictionYou can stop the eviction

oror– Postpone itPostpone it

In CourtIn Court

• If you lose:If you lose:

• The Sheriff will serve you with a “Writ of The Sheriff will serve you with a “Writ of Possession”Possession”

• You will have You will have 55 days to leave.days to leave.

• If you are not out in 5 days, a Sheriff or If you are not out in 5 days, a Sheriff or Marshall will do a Marshall will do a lockout.lockout.

……if you loseif you lose

Be careful!Be careful!If the Court decides that you acted If the Court decides that you acted

maliciously, you may be fined $600 …maliciously, you may be fined $600 …

……as well as court costs and attorneys feesas well as court costs and attorneys fees

Before you leaveBefore you leave

• Do a walk-through with the Do a walk-through with the LandlordLandlord

……more on this later!more on this later!

• ONLYONLY a law enforcement officer can a law enforcement officer can remove you from the apartment!remove you from the apartment!

The lockoutThe lockout

• The landlord cannot do it!The landlord cannot do it!

• If he tries, don’t fight him…If he tries, don’t fight him…

• But go back to court!But go back to court!

After the Lockout:After the Lockout:Getting your stuff backGetting your stuff back

• You have You have 15 days15 days to pick up your to pick up your stuff. stuff. (18 if you leave voluntarily)(18 if you leave voluntarily)

After that, the landlord can toss it or After that, the landlord can toss it or sell it.sell it.

Getting your stuff backGetting your stuff back

• HELP!HELP!

• When I went to pick up my stuff, When I went to pick up my stuff, the landlord the landlord refused refused to give it to to give it to me unless I paid the me unless I paid the back rentback rent and and late charges!late charges!

Getting your stuff backGetting your stuff back

• That’s illegal!That’s illegal!

• You can sue him for conversion You can sue him for conversion (stealing).(stealing).

Small Claims CourtSmall Claims Court

• You can sue in Small Claims Court You can sue in Small Claims Court without a lawyer.without a lawyer.

Back RentBack Rent

• After the eviction, if you owe After the eviction, if you owe back rentback rent or or late feeslate fees, the landlord can, the landlord can

– Deduct Deduct it from your damage depositit from your damage deposit

– SueSue you for the balance. you for the balance.

LEAVING VOLUNTARILYLEAVING VOLUNTARILY

Walk-ThroughWalk-Through

• Do the same “Walk-through” with Do the same “Walk-through” with the manager as when you moved the manager as when you moved in.in.

• Use your checklist.Use your checklist.

• Have the manager sign it!Have the manager sign it!

Protect your deposit!Protect your deposit!

• If the manager is not If the manager is not available, or won’t sign:available, or won’t sign:

– Take pictures!Take pictures!– Bring witness!Bring witness!

• ……just like when you just like when you moved in.moved in.

if not…if not…

NEW!!!NEW!!!

For leases beginning after For leases beginning after

January 1, 2003…January 1, 2003…

• Landlord must offer to do a walk-Landlord must offer to do a walk-through;through;

• Landlord must give you a copy of Landlord must give you a copy of the law on damage deposits.the law on damage deposits.

The Damage DepositThe Damage Deposit

• After the walk-After the walk-through:through:

• The landlord must The landlord must give you a list of give you a list of everythingeverything that that needs to be fixed.needs to be fixed.



• The landlord The landlord cannot cannot deduct for deduct for things that are things that are notnot on the list!* on the list!*

• *Unless they were not visible*Unless they were not visible

during the walk-throughduring the walk-through


• What can be deducted?What can be deducted?

– Delinquent rentDelinquent rent

– CleaningCleaning

– Repairs Repairs

• Pop Quiz:Pop Quiz:

• Can a damage/cleaning deposit Can a damage/cleaning deposit ever be ever be NON-REFUNDABLE?NON-REFUNDABLE?

No!No!

CleaningCleaning

• The landlord The landlord CANNOT CANNOT automatically charge each tenant automatically charge each tenant for cleaning.for cleaning.

• It must be It must be REASONABLY REASONABLY NECESSARY.NECESSARY.

CleaningCleaning

• The apartment must be as clean as when The apartment must be as clean as when you moved in…you moved in…

CleaningCleaning

• Otherwise the landlord can deduct a Otherwise the landlord can deduct a reasonablereasonable amount to clean it. amount to clean it.

CleaningCleaning

• How much is How much is “reasonable”?“reasonable”?

– The going hourly rate in the The going hourly rate in the neighborhood.neighborhood.

Damage & RepairsDamage & Repairs

Help!Help!

I lived in my apartment for I lived in my apartment for 5 years. 5 years.

When I left, there were a When I left, there were a few stains on thefew stains on the carpet. carpet.

The landlord charged me for a The landlord charged me for a new carpet. new carpet.

Can he do that???Can he do that???

NO!NO!

A few stains in 5 years is A few stains in 5 years is considered “normal wear & tear”.considered “normal wear & tear”.

““Wear & Tear”Wear & Tear”

• So, what is deductible?So, what is deductible?

• The landlord The landlord cannot cannot deduct for deduct for normal wear & tear.normal wear & tear.

• Normal deteriorationNormal deterioration

RepairsRepairs

• He can only deduct for damage that goes He can only deduct for damage that goes beyond normal wear & tear.beyond normal wear & tear.

Damage & RepairDamage & Repair

• The longer you live there, the more The longer you live there, the more damage is allowable.damage is allowable.

Damage & RepairDamage & Repair

Help!Help!

My dog destroyed the carpet. How much My dog destroyed the carpet. How much can the landlord charge?can the landlord charge?

The “Useful life” RuleThe “Useful life” Rule

• You only pay for the remaining You only pay for the remaining useful life of the carpet.useful life of the carpet.

– Life of carpet is Life of carpet is 10 years.10 years.– You destroy it in its You destroy it in its 99thth year. year.– Replacement carpet costs Replacement carpet costs

$1,000…$1,000…

““Useful Life” RuleUseful Life” Rule

How much can be deducted?How much can be deducted?

$100$100

Help!Help!

My landlord wants to charge me for My landlord wants to charge me for

re-painting. re-painting.

““Useful Life” RuleUseful Life” Rule

• The useful life of paint is The useful life of paint is 22 to to 33 years.years.

How much How much you you pay depends on pay depends on how long you lived there.how long you lived there.

Damage & Repair: paintDamage & Repair: paint

• If you lived there 3 years or more, you If you lived there 3 years or more, you pay nothing...pay nothing...

• ……no matter how dirty the walls are!no matter how dirty the walls are!

• So when do I get it????So when do I get it????

The RefundThe Refund

• Within Within 21 days21 days the landlord the landlord MUST:MUST:

–Refund your moneyRefund your money

oror–ProvideProvide anan itemized itemized statement statement of deductionsof deductions

Refund: Itemized Refund: Itemized StatementStatement

• Must be Must be detaileddetailed..

• Deductions must be Deductions must be permissiblepermissible..– NONO automatic cleaning deductionautomatic cleaning deduction

• Amount must be Amount must be reasonable.reasonable.

• BalanceBalance must be refunded. must be refunded.

Getting your RefundGetting your Refund

• Help!Help!

We moved out 3 We moved out 3 weeks ago and weeks ago and the landlord has the landlord has not returned our not returned our deposit.deposit.

What should I do?What should I do?

Getting Your RefundGetting Your Refund

• Help!Help!

The landlord made impermissible The landlord made impermissible deductions from my deposit.deductions from my deposit.

What should I do?What should I do?


• IMMEDIATELY IMMEDIATELY ask ask for your deposit.for your deposit.

– In In writing.writing.– Certified Certified mailmail, ,

return receipt.return receipt.– Keep Keep copycopy..


• Seek help.Seek help.

• Try to negotiate.Try to negotiate.


• If all else fails…If all else fails…

• Take him to court!Take him to court!


• If the landlord If the landlord

• refuses to return your deposit in 21 refuses to return your deposit in 21 days…days…

• Makes improper deductions…Makes improper deductions…


• You can win your You can win your entireentire deposit deposit

• PlusPlus possibly win punitive damages possibly win punitive damages for bad faith!for bad faith!

The RefundThe Refund It helps to It helps to know your know your

rights!rights!

• You have rights!You have rights!

• Don’t be a victim!Don’t be a victim!

• You can fight back!You can fight back!

• There is help available!There is help available!

ResourcesResources

• City of Chula Vista --Planning & Building City of Chula Vista --Planning & Building Dept., Code EnforcementDept., Code Enforcement– 691-5280 276 Fourth Avenue, CV691-5280 276 Fourth Avenue, CV

• Chicano federationChicano federation– 285-5600285-5600

• South Bay Community ServicesSouth Bay Community Services– 691-7732691-7732 835 Third Avenue, CV835 Third Avenue, CV

• Superior Court (Small Claims)Superior Court (Small Claims)– 691-4439691-4439 500 Third Avenue, CV500 Third Avenue, CV

ResourcesResources

• Legal Aid SocietyLegal Aid Society• 262-5557, 262-0896262-5557, 262-0896

• Neighborhood HouseNeighborhood House• 263-7761263-7761

• San Diego Housing CommissionSan Diego Housing Commission• 578-7553578-7553

• Tenants Legal CenterTenants Legal Center• 571-7100571-7100

• Mediation CenterMediation Center• 238-2400238-2400

• USD Legal ClinicUSD Legal Clinic• 260-7470260-7470

ResourcesResources

• Law LibraryLaw Library• 685-6552 (Landlord Tenant clinics Mon & Fri)685-6552 (Landlord Tenant clinics Mon & Fri)

• California Dept. of Fair HousingCalifornia Dept. of Fair Housing• 1-510-622-2945 (Discrimination)1-510-622-2945 (Discrimination)

• Chula Vista Mayor / City CouncilChula Vista Mayor / City Council• 691-5044691-5044

• County SupervisorCounty Supervisor• 531-5511 531-5511

• Congressman FilnerCongressman Filner• 224-3121224-3121

Good Luck!Good Luck!

referencesreferences

• FlushFlush• http://www.soundamerica.com/sounds/http://www.soundamerica.com/sounds/

sound_fx/S-Z/ sound_fx/S-Z/

superherowww.castlemelody.com/images/

http://www.animationlibrary.com/http://www.animationlibrary.com/

Partners in rhyme sound effects:Partners in rhyme sound effects:gate closinggate closing

Judge & witnessJudge & witness: : www.ci.oswego.or.us/ www.ci.oswego.or.us/ municort/judge.jpgmunicort/judge.jpg From GoogleFrom Google

ReferencesReferences

• Judge & lawyer(Google) www.avemarialaw.edu/ Judge & lawyer(Google) www.avemarialaw.edu/ prospective/ss.cfmprospective/ss.cfm

• flawed eviction notice:flawed eviction notice: from Google from Google

www.dailyillini.com/apr02/apr05/ www.dailyillini.com/apr02/apr05/

opinions/stories/edit.shtmlopinions/stories/edit.shtml Dog: Dog: from Google: www.cooplaw.com/.../ from Google: www.cooplaw.com/.../

holdover_proceedings.htmholdover_proceedings.htm Roach: Roach: from Google. from Google. www.kiwicare.co.nz/images/ www.kiwicare.co.nz/images/

cockroach-1.gifcockroach-1.gif Cleaning: from Google: Cleaning: from Google: www.gumnut.com.au/quality/ www.gumnut.com.au/quality/

kits/images/cleaning.gifkits/images/cleaning.gif

ReferencesReferences

• End music: from gallery: sports driveEnd music: from gallery: sports drive• Goodbye: Goodbye: www.foshay.k12.ca.us/.../Article09/ www.foshay.k12.ca.us/.../Article09/

resources/goodbye.gifresources/goodbye.gif • Dirty bathroom: Dirty bathroom: archive.aclu.org/graphics/ archive.aclu.org/graphics/

000517bathroom.jpg000517bathroom.jpg • Happy lawyer: animationlibraryHappy lawyer: animationlibrary

Landlord Tenant Law Landlord Tenant Law Know Your Rights! Know Your Rights! By Ely Freedman.

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