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46 Cards in this Set
- Front
- Back
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CC 1950.6
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The maximum fee for the credit check/application fee may be adjusted each year based on changes in the consumer price index.
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CC 1596
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The rental agreement must be lawful, possible, and definite.
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CC 1625
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The new contract supersedes the old one, unless it is an addendum to the old contract.
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CC 1622
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Oral agreements are legally binding. (but hard to prove in court)
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CC 1624(a)(3)
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Any lease of more than a year must be in writing to be enforceable.
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CC 1945
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Implied Renewal of Lease - When a lease expires, the lease becomes month to month if the landlord accepts further payment of rent.
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CC 1945.5
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Certain leases call for automatic renewal if tenant stays beyond fixed term. However, this is only legal if the provision is at least 8-point font, bold-faced type in the body of the text and restated immediately above where the tenant signs the lease.
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Berkeley requirements for security deposits
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Must be deposited on interest-bearing account, receiving interest on annual basis by January 10. If landlord does not credit the interest by January 10, the tenant is entitled to 10% of the deposit, not merely the actual rate of interest. In lease where advanced payment of 6 months or more is required, tenant entitled to 20% of the security deposit, to be paid at end of year
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AB1169
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Leases lasting more than 1 year can only be ended with a 60 day notice.
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CC 1950.5(m)
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Any provision for a non-refundable deposit is ILLEGAL even if in lease and signed
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CC 1950.5(c)
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Unfurnished units can have security deposits up to 2 months rent, and furnished units up to 3 months rent.
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CC 1940.5(g)
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A waterbed can increase the amount of security deposit by adding up to half of one month's rent
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CC 1950.5(b)(e)
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The deposit can only be used for:
1.Compensation for a tenant's default in rent, payment 2.Repair of damages to the premises caused by the tenant, beyond ordinary “wear and tear” 3.Cleaning of premises, if necessary, upon termination of tenancy 4.If the agreement allows, to restore, replace, or return personal property (such as keys) |
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CC 1950.5(f)
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A landlord must inspect the unit, if requested, and identify correctable problems after the tenant has given notice to leave.
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CC 1950.5(l)
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If a tenant does not receive the entire deposit or an itemized list along with any remainder of deposit and copies of receipts for deductions over $125 within three weeks, then the tenant may sue for up to twice the amount of the security deposit in addition to actual damages due to the landlord's “bad faith” retention.
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CC 1950.5(g)(4)
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After tenants permanently moved out, landlord must provide itemized statement of deductions from security deposit. If total deduction is greater than $125, receipts must be provided as well.
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Assignment
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Contract is transferred from Tenant A to Tenant B. New tenant directly responsible to landlord for payment of rent, damage to unit, and any other lease provisions. Old tenant retains liability for any remaining rent, as well as any failure on the part of the new tenant to fulfill obligations (unless there is a novation).
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Novation
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A written agreement between the landlord and the original tenant which absolves the latter of all future liability in the event of assignment.
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Subletting
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Tenant temporarily vacates and leases unit to sub-tenant. Original tenant has all liability for unit. Master tenant cannot charge sub-tenant higher rent than he/she is paying.
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CC 1951.2
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Mitigation of Damages: In the case of breaking a fixed-term lease, tenant is only responsible for landlord's actual losses. Landlord must prove he/she made reasonable attempts to minimize losses.
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Breaking a Fixed Term Lease
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Do everything possible to find a new tenant and make a list of potential tenants. The landlord can only reject potential tenants for a commercially valid reason, like credit check.
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CC 1951.4
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Lock-in Provision. Landlord not required to mitigate damages and a tenant is still liable if the rental agreement clearly states:
1. The landlord will not unreasonably restrict the ability of tenant to assign or sublet. 2. The landlord intends to use the remedy as provided by law. |
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Broken Lease Charges/ liquidated charges
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Clause in lease requiring tenant to pay a certain amount of money should they end their tenancy early.
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CC 1941.1
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Warrant of Habitability. A unit is uninhabitable if it substantially lacks any of:
1.Effective waterproofing and weather-proofing 2.Effective heating system 3.Plumbing and gas facilities 4.Hot and cold running water 5.Floors, stairways, and railings maintained to good working order 6.Adequate number of trash receptacles 7.Lighting and electrical wiring in good working order 8.Building clean of trash, rodents, and vermin. |
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CC 1942
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Repair or Vacate. Write to landlord specifying problem and reasonable time limit (30 days) to fix a problem that is in violation of 1941.1
If landlord does not fix problem in time, contract own workers to fix problem and bill landlord (can only use this twice a year) or tenants can move out for “serious” habitability issues Tenant may vacate premises and no longer have to pay rent in extreme circumstances |
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Health and Safety Code 13113.7
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Smoke Detectors must be installed and working in ALL units of a multi-unit building. Also stairwells for apartment complexes. Tenant responsible for battery.
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CC 1941.3 (a)(1)
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Working deadbolts on main entry doors of rental units, and working locks or security devices on windows
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CC 1954
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Landlord can enter rental unit in emergency, when residence has been abandoned, or with proper notice (24 hours) and during normal business hours (8-5)
1. To make necessary or agreed upon repairs, alterations, improvements, or services 2. To show unit to prospective buyers, tenants, or workers 3. As the result of court order Right to privacy CANNOT be modified by signed agreement or lease |
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CC 789
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Estates at Will:
Tenancy may be terminated by no less than 30 days and in some cases 60 days. 30-day notice for landlord moving in or end of month-to-month tenancy. 3-day notice notice is served for non-payment or breach of lease. you have 30 days after the official move-out date to move out. |
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Unlawful detainer lawsuit
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Something the landlord hands you if the tenant does not take proper action after receiving a 3/30 day notice.
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Motion to Quash
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Rebuking the unlawful detainer lawsuit by saying it was improperly served or in improper form (if by mail).
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Demurrer
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Assenting to the complaints, but saying that they are not legal basis for eviction.
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Answer
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Response to landlord's claims.
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CC 1942.5
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Retaliatory evictions are prohibited. Tenant enjoys a rebuttal presumption of retaliation if a formal complaint against the landlord pertaining to the unit has been filed with a government agency within 180 days of the eviction notice.
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CC 1942.4
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A landlord may not demand rent, increase rent, or issue a three-day notice to “pay or quit” if all the following are true
1. The unit has serious violations that breach habitability standards 2. The City has cited the violation (government inspector) 3. The violations are not repaired within 35 days of the citation 4. The tenant did not cause the code violations or block their correction. |
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Costa-Hawkins Act (1996)
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Once a tenant moves out, a landlord may raise the unit's rent to market value before new tenant moves in.
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Decontrolled
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When tenancy ends, property decontrolled. This can be when tenant leaves voluntarily, tenant evicted for default in rent, or last person of "original tenancy" group has moved out.
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Annual General Adjustment
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Landlord must give 30 days notice of increase to month-to-month lease. If fixed lease, must wait until lease expires.
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Exemptions to Rent Control
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1. Non-profit co-op housing
2. University housing 3. Government housing 4. New construction (built after June 30, 1980 but not including rehabilitation or conversion of units) 5. Units where tenant shares kitchen or bath facilities with at least 50% owner if it is owner's primary residence 6. Units rented primarily for less than 14 consecutive days and subject to hotel tax 7. Units leased by Berkeley Housing Authority, or section 8 tenants 8. Units in hospital, nursing, or health facility, asylum, or non-profit elderly home 9. Units on a two unit property where one unit is principle residence of 50% owner 10. Single family residences (some exceptions) |
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Measure Y
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Landlord or relative must move in within 3 months and reside for 3 years and must be at least 50% owner. Landlord cannot evict if
1. they own an available and comparable unit in Berkeley 2. The tenant is disabled or over 60 and has been a resident of the unit for over 5 years 3. They have 10% or more ownership interest in 5 or more units in Berkeley. The above exceptions do not apply if landlord owns 3 or fewer units in Berkeley. Landlord must allow tenant to return if unit becomes available. Low-income tenants who are residents for at least a year receive $4,500 from landlord |
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Requirements for Apartments
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A rental unit must also have:
-A working toilet, wash basin, and bathtub or shower (the toilet and shower must be in a ventilated room which allows privacy) -A kitchen with a sink not made of an absorbent material (such as wood) -Natural lighting in every room through windows or skylights (Windows must be able to open at least half way, unless a fan provides mechanical ventilation) |
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Safe Fire and Emergency Exits
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-Must exist in rental units and lead to a street or hallway
-Hallways, stairs, and exits MUST be litter-free |
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Applications for Just Cause
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-units under rent control
-new construction built after 1980 -single family residences -units owned by Berkeley Housing Authority -Units rented to Section 8 participants |
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Evictions (Just Cause)
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1. failure to pay rent
2. tenant violates rental agreement 3. tenant willfully causes damages 4. tenant is disturbing other tenants 5. tenant refuses to accept new rental agreement after the old one expires (if substantially identical) 6. Tenant refuses to allow landlord access after proper notice 7. Landlord wishes to make substantial "housing code" repairs where the tenant cannot live there while the repairs are being made --When repairs are made in 60 days or fewer and tenant agrees to leave, landlord cannot reclaim unit --if landlord own another property, he must notify tenant of the existence of vacant units and offer tenant either a new agreement in the units at not more than current rent price or a temporary agreement 8. landlord wishes to demolish building 9. landlord wishes to move in self, child, or parent --landlord may not recover possession if a vacant unit is available or if one becomes vacant prior to tenant vacating --landlord must be at least 50% owner 10. landlord seeks to recover possession for his/her principal residence 11. tenant fails to vacate under agreement of temporary agreement --when landlord evicts tenants to move in self or family, landlord or family must reside there for at least 36 months |
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If landlord violates CC 1954
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1. Write to landlord explaining that he/she is violating the law
2. If violations continue, tenant may report the matter to the police as trespassing 3. After several notices, tenant may change the lock without furnishing the landlord with a copy of the key |
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Health and Safety Code 17900-17995
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Combustible materials are forbidden from storage areas, garages, and basements.
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