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General Information
FAQ #1: What is a lease?
FAQ #2: What is a rental agreement?
FAQ #3: What other money do I owe
besides the rent?
FAQ #4: How and when do I get my security deposit
back?
FAQ #5: Will I
receive interest on my security deposit?
FAQ #6: How much can rent be raised?
FAQ #8: Can my
landlord raise my rent if I ask him/her to make repairs in my
unit?
FAQ #9:
Who is responsible for maintenance and repairs?
FAQ #10: Can a landlord or owner enter the
unit at any time?
FAQ #11: What is a 3-day notice?
FAQ #12 Does my landlord have to have a reason to
evict me?
FAQ #1: What is a lease?
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A lease is a legal
agreement between a landlord and tenant for a defined period of time to be
agreed upon by landlord and tenant and should be in writing. The tenant cannot
be asked to leave unless he/she breaks the terms of the lease and the rent
cannot be raised during the term of the lease unless it is permitted in the
agreement. It is required that the tenant receive a copy of the lease within 15
days after signing the lease.
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FAQ #2: What is a rental agreement?
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This rental
agreement is not for a set period of time and may be an oral agreement. If it's
an oral agreement, there should be a written statement summarizing specific
terms of the agreement provided to the tenant within 15 days. The tenant may
decide to move or the landlord may ask the tenant to leave. If the tenant
decides to move, the tenant must give the landlord 30 days written notice that
he/she is moving. If the landlord wants the tenant to leave, he/she must give
the tenant 60-day advance written notice (if the tenant has lived in the unit
for one year or more) or 30-day advance written notice (if the tenant has lived
in the unit for less than one year).
The landlord
must provide written notice if he/she wants to raise the rent If the rent is
going to be increased over 10%, then the landlord must give 60 days written
notice in a month-to-month tenancy. If it is less than 10%, then 30 days is
fine. If it is a fixed-term lease, the landlord must wait until the end of the
lease term. If the tenant breaks the rules of the rental agreement, the landlord
may have to give a 3 Day Notice to Cure or Quit. For example, if the tenant has
a cat, and the landlord does not allow cats, the landlord can issue the tenant a
notice telling the tenant to get rid of the cat or leave. This gives the tenant
an opportunity to cure the breach.
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FAQ #3: What other money do I owe besides the rent?
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The landlord can
legally ask for a number of fees, such as a fee to check credit (not to exceed
$30) and deposits such as a security deposit, a cleaning deposit, and a key
deposit. Tenants should get a written receipt that clearly states the amount and
purpose of each deposit and/or fee.
A security or
cleaning deposit may only be used for four (4) things:
Unpaid rent Cleaning
the rental unit when the tenant moves out, if the unit is not as clean as when
it was rented Repairing damages, other than normal wear and tear, caused by
tenants or their guests; and If specified by the lease or agreement, for the
restoration or replacement cost of items of personal property other than normal
wear and tear.
In addition,
tenants should check the condition of the unit very carefully and record any
existing damage and ask the landlord to sign and date the inventory. Even if
he/she will not sign it, the tenant can mail one copy to the landlord and one
copy to the tenant. This copy should be saved in the unopened envelope. If
possible, the tenant can take pictures or videos of the condition of the unit at
the time of move in. The total of all deposits, not including fees, cannot be
more than 2 months rent for an unfurnished unit or 3 months rent for a furnished
unit. When the tenant
moves out, he/she
can request a walk through with the landlord. The walk through must take place
no earlier than 2 weeks prior to the end of the tenancy. Once the landlord has
performed an inspection of the unit, he/she gives the tenant an itemized
statement of needed repairs and cleaning that are the basis for deductions from
the security deposit. The landlord can use the deposits only for the purpose
indicated in the lease or rental agreement.
Landlords
sometimes require tenants to pay last month's rent at the time of move in. If
last month's rent is clearly stated in the lease or rental agreement, it is not
a security deposit. Rather, when the tenant moves out, the landlord must apply
it to rent for the last 30 days (or 1 month) of the tenancy. The last month's
rent paid at move-in is applicable to the last month in the unit, even if the
landlord has raised the rent since move-in. The tenant is not responsible to pay
any rent increases for the last month. Remember, if the tenant has a
month-to-month agreement, he/she must still give the landlord a 30-day written
notice that he/she is moving out.
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FAQ #4: How and when do I get my security deposit
back?
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When the tenant
moves out, he/she can request a walk through with the landlord. The walk through
must take place no earlier than 2 weeks prior to the end of the tenancy. Once
the landlord has performed an inspection of the unit, he/she gives the tenant an
itemized statement of needed repairs and cleaning that are the basis for
deductions from the security deposit. The landlord can use the deposits only for
the purpose indicated in the lease or rental agreement and must provide an
itemized statement of any money withheld. The security deposit must be returned
to the tenant within 21 days of vacating the unit. Disputes concerning security
deposits can be taken to Small Claims Court in San Mateo County.
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FAQ #5: Will I receive interest on my security
deposit?
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California State
law does not require landlords to pay interest on security deposits. Some cities
have their own ordinances regarding interest. In San Mateo County, East Palo
Alto landlords must place security deposits in an interest bearing account. In
December of every year, landlords are supposed to provide tenants with an
accounting and either a refund check or the option to offset the next month's
rent accordingly.
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FAQ #6: How much can rent be raised?
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If the tenant is
renting on a month-to-month basis in a city with no rent control, the rent can
be raised at any time to any amount with the proper notice. If the tenant has a
lease for more than 30 days, the rent cannot be raised during the term of the
lease, unless the lease allows rent increases.
If the increase
will amount to 10% or less than the current rent, the landlord must give 30-day
written notice. This increase is not effective until the 30 days has passed and
is not retroactive.
If the increase
will amount to over 10% of the current annual rent, the landlord must give
60-day written notice. This increase is not effective until the 60 days have
passed and it is not retroactive. When the total of all rent increases in the
past 12 months is more than 10% of the rent charged at any time during that
period, the tenant must also receive 60 days written notice.
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FAQ #8: Can my landlord raise my rent if I ask him/her to make
repairs in my unit?
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The landlord cannot
raise your rent because you have complained about problems in your unit such as
broken plumbing or heating. You must be able to prove that the landlord raised
your rent in retaliation for your complaint if you choose not to pay the
increase. This may be difficult to prove without placing your tenancy at risk.
You will want to consult an attorney prior to withholding rent.
If the landlord has
not responded to your request for repairs, you may have several strategies
available to you. Withholding rent may put you at risk of eviction. Again,
consult an attorney to best advise you of your options.
Regardless of the
circumstances, your rent cannot be raised while you are renting under the terms
of a lease unless it is written into the lease agreement.
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FAQ #9: Who is responsible for maintenance and
repairs?
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If the tenant or someone the
tenants knows is responsible for damaging the unit, the tenant is responsible
for the repair. Otherwise, the landlord is responsible. Before signing the lease
or rental agreement, tenants should check over the unit carefully and ask the
landlord or manager to repair things. Tenants can take photos of existing damage
and date them so that they will have a record. If the landlord promises to make
a repair and does not, tenants can send him/her a reminder note in the mail and
keep a copy for their records.
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FAQ #10: Can a landlord or owner enter the unit at any time?
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Yes, but only in
emergencies. The landlord must give 24 hours written notice if he/she plans to
enter at any other time during normal business hours, but only in order to make
repairs or show the property to prospective tenants or buyers. He/she may not
enter just to check up on the tenant.
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FAQ #11: What is a 3-day notice?
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There are several
kinds of 3-day notices:
If the tenant has not paid the rent, the landlord
may send a 3-day notice to "pay or quit". The tenant must pay the full amount of
rent owed within the 3 days (including weekends) or move out.
If the landlord
accuses the tenant of violating the lease agreement, the tenant has 3 days to
stop the conduct or move out.
The landlord
can give a 3-day notice to vacate if the tenant is committing serious damage to
the property, creating a "nuisance" or using the property to perform illegal
acts. In these cases, the landlord does not have to give the tenant a chance to
cure the problem.
The landlord must serve the tenant with the written notice
to quit by 1) giving it to the tenant personally, or 2) serving a copy with
another person at the unit and mailing a copy, or 3) posting a copy on the
property and mailing a copy to the tenant.
If the tenant does
not comply with the 3-day notice, the landlord may start eviction procedures on
the 4th day. The tenant has 5 days (including weekends) after receiving the
eviction notice to respond by filing an "Answer" along with a copy of the
eviction notice with the court. If the tenant does not file these papers, he/she
automatically lose the case and do not go to court. At this point, the Sheriff
will post a notice to move out within 5 days. If the tenant does not move, the
Sheriff can physically evict him/her and lock the premises. If the tenant's
possessions are inside, the tenant will have to pay storage fees to have them
returned.
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FAQ #12 Does my landlord have to have a reason to evict
me?
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Just as tenants do
not have to provide a reason for a 30-day notice to end the rental agreement,
landlords in your County do not have to provide a reason for providing a reason
for their 30-day or 60-day notices. Tenants who have lived in the rental for one
year or more receive a 60-day advance written notice and tenants who have lived
in the unit for less than one year receive a 30-day advance written notice. If
the tenant signed a lease, the owner must serve the tenant with an Unlawful
Detainer in order to evict or wait until the lease has expired.
All landlords must
follow the appropriate legal steps to terminate a tenancy. For more information
on the correct procedures, see the guides and web sites below.
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These are based on
estimated circumstances in most states. However, many cases may arise that
contradict these we have explained for you on our website.
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