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Answers to Frequently Asked Questions About Residential Rentals

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Answers to Frequently Asked Questions About Residential Rentals


Landlord-Tenant: $65* Tel. Consult CA Eviction Guide Landlord-Tenant FAQs Rent Control Rent-Security Deposit Right to Enter Maintenance/Repairs Quiet Enjoyment Notice Eviction Pets Roommates Day Care in a Rental Unit Tenant Rights in Foreclosure Tenant Security Deposits Tenant Relocation Assistance

March 2009 Answers to Frequently Asked Questions About Residential Rentals


Prepared By: Melissa C. Marsh, Los Angeles Landlord-Tenant Attorney

Rent Control and Rental Agreements Rent Security Deposits Right to Enter Maintenance and Repairs Right To Quiet Enjoyment Notice Eviction Pets Roommates

Rent Control and Rental Agreements


Q. What California cities have a local rent control ordinance? A. California Cities with a local Rent Control Ordinance that may expand the protections and rights a beyond the rules provided by state law include: Berkeley [Rent Stabilization Board] Beverly Hills [Rent Stabilization Regs] Campbell [Only Mediation] East Palo Alto (.pdf) Fremont [Only Mediation] Gardena [Only Mediation] Glendale [Only Just Cause Eviction] Hayward Los Angeles [Rent Stabilization Ordinance] Los Gatos Oakland Palm Springs [Title 4] -- Not Available Online Pasadena [Only relocation $ for major rehabilitation or removing rental unit from market] San Diego [Only Just Cause Eviction] San Francisco San Jose Santa Cruz County (Relocation Expenses) Santa Monica Watsonville and West Hollywood [Title 17] Q. How to Conduct An Inspection Of A Rental Before You Rent? A. Before a tenant signs a lease or rental agreement, the prospective tenant should carefully inspec determine whether and to what extent the landlord is maintaining the premises. Use the invento inspection guide, but carefully look for: Cracks or holes in the floor, walls, or ceiling (which may have been quickly painted over); Signs of water damage in the floor, walls, or ceiling; Signs of mold which may cause severe health effects; Signs of rust in water from the faucets in the kitchen and bath; Signs of insects or other vermin; Any leaks in the kitchen or bathroom; and

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Answers to Frequently Asked Questions About Residential Rentals

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Any offensive odors (cat, dog, urine, mold, etc.) Chipping paint on the walls or ceiling; Be sure to also test: The hot water (how long does it take and how hot does it get); The light switches; and Heating and air conditioning. Inspect the common areas of the building, its exterior, and the trash receptacles. Finally, if you are concerned about safety, parking, and your landlord's real affinity toward making neighborhood both during the day and at night on both a weekday and week-end. Ask the neighbors in the area and ask tenants how they like living in the building. Q. Before Moving In, What Do I Need To Do? A. Take Pictures Of Everything. Make sure you take pictures both before you move in (especially and just before you move out (showing the pristine condition in which you left the premises). Have the immediately and save the receipt so you can prove when the photographs were taken. These photos later if the landlord attempts to withhold your security deposit. Q. What should a tenant do if a prospective rental unit has some problems? A. Discuss the items you are concerned about with the Landlord, or the building's manager. Find out w landlord is willing to fix and if you still want to rent the unit. Make sure you get the landlord's written stated problems in writing and be sure to include the date by which you expect the repairs to be compl For any problem you are willing to overlook, make sure you write them down and take pictures or vide in. Be sure to use the time and date stamp, if your camera has this feature, otherwise get the pictures These items can help you avoid liability for problems that existed before you moved-in. Some landlord blaming the tenant. If you would like the assistance of a landlord tenant attorney, please feel free to sched consultation for just $65 by completing our Telephone Consultation Request Form and Melis you back at the time you select. Back to Top

Rent
Q. My landlord orally agreed to accept partial payment of my rent and said I could pay the b Can he evict me? A. YES. Tenants are required to pay their rent in full and on time. California Code of Civil Procedure S the landlord to take a partial rent payment and still serve the tenant an eviction notice (typically a 3or Quit. A written agreement, however, is binding. If the landlord agrees to accept a partial rent payment and period for the balance, the tenant must get the agreement in writing for it to be enforceable. The should state the amount of rent the tenant will pay on time, the date by which the rest of the rent amount of any late fee the tenant must pay, and the landlord's agreement not to evict if the tenant amount due by that date. Both the landlord and the tenant should sign and date the agreement and b copy. Q. Can a landlord charge an application fee or credit check fee? A. YES. In California, property owners are allowed to collect an application/credit check fee up to $30 owner/manager provides the prospective tenant with an itemized receipt for the fee. The owner must of the credit report to the prospective resident, if requested. Q. Can a landlord require a tenant to pay the rent in cash? A. Typically NO , unless within the last three months, the tenant has paid the rent with a check that w the bank for either non-sufficient funds or stopped payment. Civil Code Section 1947.3. To require a tenant to pay rent in cash, the landlord must first give the tenant a written notice that tenant's check was dishonored by the bank, (2) attaches a copy of the dishonored check, and (3) p with the proper amount of advance notice (typically 30 days) from the date of the notice that the te rent in cash. The period of time the landlord can require the tenant to pay cash cannot exceed three months fro bank's stop payment or insufficient fund notice. For example, assume on April 1 the tenant gives the landlord a rent check. On April 10, the landlord from his bank stating that the tenant's check has been dishonored for Non-Sufficient Funds. On Ap gives the tenant notice saying the check was dishonored and that the tenant must pay rent in cash

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months. If the requirement that the tenant pay the rent in cash changes the terms of the rental agreem notice will take effect in 30 days (on May 11) so the tenant would only be required to pay June and Ju Q. Is the landlord required to give a tenant a receipt for the rent? A. Yes. California Civil Code Section 1499 provides that if a tenant requests a rent receipt, the land provide a signed and dated receipt. Tenants should keep a file with all of their rental receipts and/or c the event a dispute later arises. Q. Can a landlord charge a $500 late fee? A. Probably Not. If a rental agreement or lease contains a late fee provision, the landlord can char tenant fails to remit payment of the rent on time. However, any late fee charged must be reasonably re costs incurred by the landlord as a consequence of the rent being late. In some communities, lat limited by local rent control ordinances. In addition to a late fee, the landlord may also charge the tenant a reasonable returned check fee if th or lease contains such a provision. To be reasonable, the returned check fee must approximate the charges the landlord. California Civil Code Section 1719(a)(1) allows a landlord to charge a service the dishonored check fee described in this paragraph. The service charge can be up to $25 for the returned for insufficient funds, and up to $35 for each additional check. Q. How often can a landlord raise the rent? A. First, the landlord cannot raise your rent during the initial lease term (rental agreement or lea months, 1 year, etc.), unless the lease specifically allows a rent increase. If you are on a month-to-month tenancy, the landlord can increase your rent up to 10% but only afte advance written notice of the rent increase. The landlord must give a tenant at least 60 days' advanc increase is greater than 10%. If you live in a building that falls within a city or county's rent control ordinance, however, there are gre when and by how much the landlord can raise your rent. California cities with rental control ordinances

Allowable Rent Increases in Los Angeles Rent Controlled Apartments Year 7/1/00 - 6/30/01 7/1/02 - 6/30/03 7/1/03 - 6/30/04 7/1/04 - 6/30/05 7/1/05 - 6/30/06 7/1/06 - 6/30/07 7/1/07 - 6/30/08 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 Amount 3% 3% 3% 3% 3% 4% 5% 3% 4% 3%

Security Deposits
Q. Is a Tenant Entitled to Interest on his or her Security Deposit? A. In California there are 15 rent-controlled cities that require landlords to pay interest on the sec collect from their tenants, and in each city they are calculated differently. In Los Angeles, since 2004, the amount of interest payable is either: (1) the simple interest rate estab Adjustment Commission; or (2) the actual amount earned by the landlord on the security deposit. If the used, the landlord must provide the tenant with a copy of a bank statement indicating the interest earn for the year. The simple interest rate set by Los Angeles' Rent Adjustment Commission for 2007 was 2.39%, for 2 for 2009 it was 1.76%, and for 2010 it is 0.55%. The rate has yet to be set for 2011. Q. My lease says my security deposit is non-refundable. Is that legal? A. No. California Civil Code Section 1950.5(m) prohibits any rental agreement or lease from charac deposit is "nonrefundable." There is no such thing as a non-refundable security deposit no characterized-.last month's rent, move-in fee, pet deposit, key deposit, etc. All money paid by a tena month's rent is refundable.

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Answers to Frequently Asked Questions About Residential Rentals

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If at the end of your lease or after you move-out the landlord refuses or fails to return your security days, make a written demand for it. If you receive no response, file a claim in Small Claims Court for t withheld, any out-of-pocket costs you incurred as a result, and the statutory damages for he la retention of it. The court may award the tenant statutory damages of up to twice the amount of th retained plus any actual damages the tenant may have incurred. A "non-refundable" security deposit p or rental agreement is strong evidence of the landlord's bad faith. For more on Security Deposits, see Tenant Security Deposits. If you would like the assistance of a landlord tenant attorney, please schedule a telephone con $65 by completing our Telephone Consultation Request Form and Melissa Marsh will call you you select or Send us an Email. Back to Top

Right to Enter
Q. When can a landlord enter a rental unit? A. California Civil Code Section 1954 governs when a landlord can enter a tenant's rental unit. Unde landlord can enter a rental unit upon at least 24 hours advanced written notice during normal busines emergency) for the following reasons: 1. 2. 3. 4. 5. 6. to address an emergency; to make necessary or agreed-upon repairs; to show the rental unit to prospective tenants, purchasers, or lenders; to inspect the installation and maintenance of a waterbed (Civil Code Section 1940.5(f)); to inspect, repair, and re-rent a unit after the tenant has moved out, or has abandoned the renta pursuant to a court order permiting the landlord to enter.

Q. What can a tenant do if the landlord enters the apartment illegally? A. If the landlord illegally enters a tenant's apartment, the tenant should: (1) Keep a log of all known with neighbors who may have either had similar experiences or witnessed the entries; (2) Send a le via certified mail return receipt requested demanding that the illegal entry(ies) stop, that 24 hours provided for future entries, and that entry will only be granted for legal purposes and then only durin hours on weekdays between 9:00 a.m. and 5:00 p.m., absent a true emergency; and (3) if the illega consider installing a video device (like a nanny cam) and suing your landlord in Small Claims Court fo breaching the Warranty of Quiet Possession (California Civil Code 1927) that is implied in every leas To bring such a claim, however, you must be able to show proof that the landlord, manager, or other ag is illegally entering your apartment. Simply saying, I know he is won't do. If you would like the assistance of a landlord tenant attorney, please schedule a telephone con $65 by completing our Telephone Consultation Request Form and Melissa Marsh will call you you select or Send us an Email. Back to Top

Maintenance and Repairs


Q. What is the Implied Warranty of Habitability? A. A landlord has the duty ensure that a rental is habitable before the keys to the rental unit are turne A landlord is also required to repair problems which make the rental unit uninhabitable. Pursuant to C all leases and rental agreements, oral and written, come with the implied warranty of habitability. Gree (1974), 10 Cal.3d. 616. This warranty cannot be waived. This warranty exists even if a rental ag contains a clause to the contrary. Under the "implied warranty of habitability," the landlord is legally required to repair conditions that ser the health or safety of the rental unit's occupants, or fails to substantially comply with one or more of building and health codes. "Habitable" means the rental unit conforms to the standards set forth in Ca Section 1941.1. However, the landlord is not responsible under the implied warranty of habitability for damage cause the tenant's family, guests, or pets. Q. What makes a rental unit uninhabitable? A. The implied warranty of habitability is not violated merely because the rental unit is not in pe pleasing condition. The implied warranty of habitability is not violated if there are minor housing co lack of a working phone jack), which, standing alone, does not affect habitability. However, pursuant to California Civil Code Section 1941.1, the implied warranty of habitability may rental unit substantially lacks one or more of the following:

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Effective waterproofing and weather protection of the roof and outside walls; unbroken doors an Plumbing, electricity and gas facilities in good working order. A reasonable amount of hot and cold running water, and a sewage disposal system. Adequate and safe heating facilities (at least 4 rooms must have an adequate heat source). Electrical lighting, wiring and equipment maintained in good working order. Floors, stairways and railings maintained in good repair. An adequate number of containers for the disposal of garbage. Buildings and grounds which are free of rubbish, garbage, rodents and other pests. In addition, a rental unit will be deemed uninhabitable if there is the presence of mold, lead, or a struc rental unit is affecting either the livability of the unit or the health and safety of its occupants. Similar lacks proper sanitation and in turn is endangering the health, life, or safety of its occupants or the pu deemed uninhabitable. The implied warranty of habitability is also breached if a local health officer de unit is contaminated by methamphetamine. A rental unit may also be deemed uninhabitable (unliva endangers the health, life, safety, property, or welfare of the occupants or the public. Q. What can a tenant do if the landlord refuses to maintain the property? A. If the landlord fails to meet his or her legal responsibilities, a tenant usually has several options state. These options typically include: paying less rent; withholding the entire rent until the problem is fixed; making necessary repairs, and deducting the cost from the rent; hiring someone to make necessary repairs and deducting the cost from the rent; calling the local building inspector, who can usually order the landlord to make repairs, or moving out, even in the middle of a lease. A tenant can also sue the landlord for a partial refund of past rent paid, and in some circumstance discomfort, annoyance and emotional distress caused by the substandard conditions. If a California landlord fails to repair and maintain either the premises, or the rental unit, such that becoming uninhabitable, the tenant should immediately complain to the landlord in writing. The lette deficiencies in detail, the effect the deficiencies are having on the occupant's health and safe reasonable date by which the tenant expects the needed repairs to be made. 15 to 30 days is ge depending on the severity of the situation. If the only toilet in the rental unit is not working, 24 hours m The letter should be sent certified mail with return receipt and via confirmed facsimile and/or emai tenant should retain a copy of the letter and the return receipt. Second, if you live in a city with rent c housing department and register a complaint with them. If you still have no luck you can: (1) make t and deduct the cost of the repairs from the rent (discussed in more detail below - consult an attorney action); (2) move out and sue your landlord for your moving costs, set up fees, and higher rent for t original lease term (Consult an attorney before taking this action); (3) organize with other tenants in th an attorney to represent all of your interests (if the landlord isn't maintaining one unit, he probably is others either); or (4) withhold rent (Never Recommended). Before taking any action such as withholding rent, making the repair yourself and deducting or moving out, tenants should consult with a local landlord-tenant attorney, and check t understand the available remedies in their particular jurisdiction. Q. What is the "repair and deduct" remedy? A.California Civil Code Section 1942 allows a tenant to use the "repair and deduct" remedy to deduct rent to pay for repairs of substandard conditions in the rental unit that are affecting the health occupants, and substantially breach the implied warranty of habitability (e.g. no working toilet, no hot a leak in the roof during a storm or while a storm is approaching). The repair and deduct remedy should only be used to make absolutely needed repairs of serious cond We also strongly suggest that prior to availing yourself of this remedy, that you consult with a lo attorney, or legal aid foundation that handles landlord-tenant matters. If you would like the assistance of a landlord tenant attorney, please schedule a telephone con $65 by completing our Telephone Consultation Request Form and Melissa Marsh will call you you select or Send us an Email. Back to Top

Right To Quiet Enjoyment


Q. What can I do if another tenant is making too much noise? A. California Civil Code Section 1927 provides all tenants with the Warranty of Quiet Enjoyment. tenants have an implied right to the quiet enjoyment of their rental unit. How this relates to a tenancy, on the local noise statutes and codes in your city.

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Most cities have a noise law that prohibits everyone from making unnecessary, excessive or offe disturbs the peace or causes the annoyance or discomfort of any reasonable person (e.g. loud no instruments, sound systems, stereos, pets and the like). If you are in this situation, first contact the offending individual and send them a written complaint spe dates and times that you believed the noise levels were uncontrolled. If you don't get any relief, conta department and explain the situation. Q. What can I do if my landlord is using force or intimidation to force me to move? A. California Civil Code Section 1940.2(b) allows a tenant to go into Small Claims Court and sue the for nuisance if the landlord tries to force a tenant to move through: Conduct that constitutes theft or extortion; or Threats, force or menacing conduct that interferes with the tenant's quiet enjoyment of the re create the fear of harm in a reasonable person; or Abuse of the landlord's right to enter the rental unit (entry without proper notice and for no real to harass and annoy). See, What can a tenant do if the landlord enters illegally and When can rental unit. If your landlord has engaged in any of this behavior be sure to keep a log of the date, time, what the la did, and any witnesses that were present. Immediately send the landlord a letter via certified m requested telling the landlord that the specified actions are unacceptable, must stop, and if they pers action. If the harassment persists, file a complaint with the Fair Employment and Housing Department the harassment still continues, you should contact a local landlord-tenant or real estate attorney and Claims Court. Please note that a landlord does not violate a tenant's rights by giving a tenant one or more warnin tenant, or the guest of a tenant, violated a law or a term or condition of the rental agreement. The tena or more warning notices, even if untrue, typically will not be considered harassment. If you would like the assistance of a landlord tenant attorney, please schedule a telephone con $65 by completing our Telephone Consultation Request Form and Melissa Marsh will call you you select or Send us an Email. Back to Top

Notice
Q. I need to cancel my lease before it expires, what should I do? A. Many leases provide that the tenant may sublet the premises to another so long as the landlord co the law requires the landlord to mitigate his or her damages. Therefore, when the landlord is notifie longer meet the lease obligations, the landlord must try to relet the premises to another. Unfortunately a suitable (financially solvent) tenant, you will have to reimburse the landlord for the costs of adverti You will also be responsible for any rent that goes unpaid while the landlord seeks a new tenant. Fina incapable of leasing the premises for the same amount of rent previously paid by you, you will be r remaining lease term for difference between the rent you were required to pay and the newly paid rent This can be a very difficult situation and we suggest you IMMEDIATELY contact a local landlord te practices in the local county in which the real property is located. If you feel you cannot afford an att you in your dealings with the landlord, at the very least spend a little money on getting specific advi particular situation. Oftentimes, an attorney will advise you on what to say and how to say it for a typically only charge between $25 and $99 for such advice. Q. When must the notice be given for a rental increase? A. Pursuant to California Civil Code Section 827(b) and Code of Civil Procedure Section 1013, a lan rent increase must be in writing and served either personally or by first class mail. If the rent increase tenant must be served with written notice of the rent increase personally at least 30 days in advance days in advance. If the rent increase exceeds 10%, the landlord must personally serve the tenant w rental increase at least 60 days in advance, and if by mail 65 days in advance. Q. How should a tenant give notice to a landlord? A. Regardless of your purpose, whether it is to inform or notify about a condition or to advise the lan to avail yourself of the repair and deduct remedy, the abandonment remedy, or the withholding of rent should send the notice via certified mail return receipt requested with a copy by first class mail. Th signed and dated and written in the form of a letter describing in detail the problem(s) with the rental having on its occupants, and the repairs that are required. The tenant should always retain a copy of sent to a landlord. Although it may be necessary to immediately inform a landlord if there is an emergency (plumbing ba whenever notice is given via telephone, fax, or email it should always be followed with a signed and d in the form of a letter sent via certified mail that not only a describes in detail the problem(s) with

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affect it is having on its occupants, and the repairs that are required, but also the other attempts the t inform the landlord (e.g. voicemail message, fax and email). If the landlord or a manager is willing to accept notice in person, the same written notice describ personally delivered so long as the landlord, manager, or agent is willing to date and sign (or initial) th the letter so, if necessary, the tenant can later prove the landlord received the notice. If in response to your written notice the landlord or the manager telephone you, make sure you write d and take copious notes of the details of such conversations. Q. What are the new requirements for 3 Day Notices (Pay Rent or Quit, or Cure)? A. Effective January 1, 2002, landlords in California must include additional information on their Thr Pay Rent or Quit. These 3 Day Notices must now inform the tenant of the name, telephone number a person to whom payment is to be made and the typical days and hours of that person's availab Procedure Section 1161). Three-day notices that do not include this information will be deemed defect If a landlord gives a defective three-day notice and then files an eviction lawsuit (summons and com defaulting tenant, the tenant can then file a "demurrer" in response. If granted, the demurrer will result the case, which n turn will force the landlord to go through the eviction process again -- starting with a Notice to Pay Rent or Quit. Q. What is proper service of a Notice? How do I know If I Was Served Properly A. California Code of Civil Procedure Section 1162 allows a landlord, the landlord's agent, or anyone 3-Day Notice, 30-Day Notice or 60-Day Notice on the tenant in one of three ways: 1. by personal service (you are personally handed the Notice); 2. by substituted service (the Notice is left with a person over the age of 18 at your home or w mailed to your rental unit's address); or 3. by posting and mailing (the Notice is tacked to the entrance of the rental unit and a copy is m unit's address). Effective January 1, 2007, Civil Code Section 1946.1(f) now permits a landlord to send the notic certified or registered mail return receipt requested. If the Notice was personally served, the notice period begins to run the day after the tenant receive Notice was served by substituted service, the notice period begins to run the day after the notice wa mailed. If the Notice was served by posting, the notice period begins to run the after the notice was Please note that the effective date is the date of mailing, not the date the Notice is actually received. If you would like the assistance of a landlord tenant attorney, please schedule a telephone con $65 by completing our Telephone Consultation Request Form and Melissa Marsh will call you you select or Send us an Email. Back to Top

Eviction
When What is an Unlawful Detainer? A. An unlawful detainer is the legal process by which a landlord evicts a tenant. In other words, its eviction. If the tenant wins, the tenant gets to stay in the rental unit, and in some cases will be award If the tenant does nothing, the tenant will lose by default and will be forced out of the rental unit typic 30 days from the filing of the eviction lawsuit. If the tenant fights the unlawful detainer, the tenant will stay in the rental unit for two to three months (even if the tenant ultimately loses). Q. How does the eviction process work? A. Well that would be awfully lengthy discussion, so we will do it in brief. The eviction process be (3-Day Notice to Pay or Quit, 30-Day Notice To Vacate, or 60-Day Notice To Vacate). If the tenant d by the end of the notice period, the landlord can file a lawsuit called an unlawful detainer ("UD"). After the UD is filed, the landlord must have the tenant served with the Summons and Complaint whic from 1 to 10 days. Once the tenant is served the tenant has ONLY 5 DAYS to answer the comp doesn't respond, the court will enter a default judgment in favor of the landlord and the tenant will Sherriff unless the tenant quickly files a Motion For Relief from Default. If the tenant responds to the initial Summons and Complaint within the 5 day period with a motion to service, a demurrer, or an answer (along with any demands for discovery), then either party may requ judge or jury and the trial must occur within 21 days of the demand. Upon the conclusion of the trial, th its verdict. If the court rules in favor of the tenant, the matter ends. If the court rules in favor of the landlord, the tenant out by issuing a "writ of possession" and award the landlord monetary damages for such ite damages, court costs and attorneys fees (if the rental agreement has an attorneys fees clause). T then send the order to the Sheriff or Marshall. Within one to three days, a peace officer will deliver a

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tenant demanding the occupants of the rental unit vacate or be evicted. Upon expiration of the 5 days will physically remove the tenants and restore the landlord to possession. The peace officer will not, accept responsibility for any of the tenant's personal belongings which may remain on the prem tenant(s) will then be given 15 days to reclaim their personal property. Depending on what the landlord does and how the tenant responds, the whole process typically takes three months. This is why landlord's are often advised to avoid the eviction process if at all possible. If you would like the assistance of a landlord tenant attorney, please schedule a telephone con $65 by completing our Telephone Consultation Request Form and Melissa Marsh will call you you select or Send us an Email. Back to Top

Pets
Q. If the building I live in allowed pets, can the landlord now start a no-pet policy? A. Yes. California law does not really address the issue of pets with respect to rental units. "No clauses that limit the number and/or type of pet a tenant may have in a lease or rental agreement a local rent control law to the contrary) and if a tenant violates such a clause it may be grounds for th the tenant. However, tenants should check if their city has a local rent control ordinance addressing the issue of the West Hollywood Rent Stabilization Ordinance allows a tenant who at any time had a pet w permission to replace the pet even if the landlord starts a "no pet policy." Thus if a tenant had landlords permission for one year, and lived pet free for 6 months during which time the landlord policy, the tenant would still be allowed to get two more dogs of the same size as those that existed the tenant's tenancy. This replacement is allowed even if the landlord invokes an existing no-pet clau has changed terms of tenancy, creating a no-pet policy in the meantime. However, a tenant may not r pet with another (e.g. a cat instead of a dog), or one size with another (e.g. large dog instead of a sma If you would like the assistance of a landlord tenant attorney, please schedule a telephone con $65 by completing our Telephone Consultation Request Form and Melissa Marsh will call you you select or Send us an Email. Back to Top

Roommates
Q. Can the landlord raise my rent if I get a roommate? A. Yes. Under California law, if your apartment is subject to rent control the landlord has the rig surcharge to your rent if you bring in a roommate. If the roommate later leaves, the landlord must dec the amount she or he increased it when notified about the roommate. However, if you are replacing with a new roommate, then the landlord cannot raise your rent. Q. Can I charge my roommate any amount of rent I want? A. Yes in most cities in California. No in San Francisco if you are subject to the rent stabi Francisco's rent stabilization code prohibits a tenant from charging a roommate more than a proporti rent. To determine a roommates proportionate share, divide the legal rent by the number of occupants ( and dependent children) and make adjustments for the size of the bedrooms being occupied. Charging than a proportionate share of the rent violates San Francisco's Rent Stabilization Code and can lead t Q. Do I need a written roommate agreement? A. Are you legally required to have a roommate agreement? No. Should you have a roommate agre even if the roommate is your best friend in the world. A written roommate agreement can prevent an when problems arise. At the very least your roommate agreement should state: 1. the amount of rent, when its due, to whom it's paid, and how it's paid; 2. the term (month-to-month, 6 months, 1 year); 3. the space rented (the address and which room); 4. how utilities are to be shared and paid, and restrictions on the number of telephone lines; 5. the amount of a security deposit, and how it will be returned; 6. the penalty for late payment of the rent; 7. restrictions on house guests and other house rules; 8. the penalty for failing to abide by the house rules; 9. a statement of your mutual responsibilities to each other in the event one roommate want

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roommate relationship before the end of the agreed-upon term; and most importantly; 10. that the roommate is to pay you directly, not the landlord. This will enable you to evict the room the roommate fails to pay his or her share of the rent. If you want to maintain the best chance of being able to evict a roommate in the future, make sur written roommate agreement that instructs the roommate to pay you the rent, not the landlord. If you would like the assistance of a landlord tenant attorney, please schedule a telephone con $65 by completing our Telephone Consultation Request Form and Melissa Marsh will call you you select or Send us an Email. Back to Top
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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, V Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and inter clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a b employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.

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