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Housing in San Diego
Renter's Rights:
California Tenant Guide
Sourced from the California Department of Consumer Affairs
Inspecting before you rent
Before you decide to rent, carefully inspect the rental unit with the landlord or the landlord's agent. Make sure that the unit has been maintained well.
The Rental Application
Before renting to you, most landlords will ask you to fill out a written rental application form. A rental application is different from a rental agreement. The rental application is like a job or credit application. The landlord will use it to decide whether to rent to you.
A rental application usually asks for the following information:
- The names, addresses, and telephone numbers of your current and past employers.
- The names, addresses, and telephone numbers of your current and past landlords.
- The names, addresses, and telephone numbers of people whom you want to use as references.
- Your social security number.
- Your driver's license number.
- Your bank account numbers
The application also may contain an authorization for the landlord to obtain a copy of your credit report, which will show the landlord how you have handled your financial obligations in the past.
Credit Report
The landlord or the landlord's agent will probably use your rental application to check your credit history and past landlord-tenant relations.
The landlord may obtain your credit report from a credit reporting agency to help him or her decide whether to rent to you.
Let the landlord know that you do not have an established credit history in the US.
Application Screening Fee
When you submit a rental application, the landlord may charge you an application screening fee. The landlord may charge up to $37.57, and may use the fee to cover the cost of obtaining information about you, such as checking your personal references and obtaining a credit report on you.
The application fee cannot legally be more than the landlord's actual out-of-pocket costs and can never be more than $37.57.
Unlawful Discrimination
A landlord cannot refuse to rent to a tenant, or engage in any other type of discrimination, on the basis of group characteristics specified by law that are not closely related to the landlord's business needs. Race and religion are examples of group characteristics specified by law.
The California Department of Fair Employment and Housing investigates housing discrimination complaints.
The department's Housing Enforcement Unit can be reached at 1-800-233-3212
The Lease
Most landlords use printed forms for their leases and rental agreements. However, printed forms may differ from each other. There is no "standard rental agreement" or "standard lease"
Therefore, carefully read and understand the entire document before you sign it.
The written rental agreement or lease should contain key terms, such as the following:
- The names of the landlord and the tenant.
- The address of the rental unit.
- The amount of the rent.
- When the rent is due, to whom it is to be paid and where it is to be paid.
- The amount and purpose of the security deposit.
- The number of people allowed to live in the rental unit.
- Who is responsible for paying utilities (gas, electric, water, and trash collection)
Make sure you receive a copy of the lease immediately after signing.
The disadvantage of a lease is that if you need to move, a lease may be difficult for you to break, especially if another tenant cannot be found to take over your lease. If you move before the lease ends, the landlord may have a claim against you for the rent for the rest of the lease term.
Tenants Basic Rights
Tenants have basic legal rights that are always present, no matter what the rental agreement or lease states. These rights include all of the following:
Security Deposit
There are limits on the amount of the security deposit that the landlord can require you to pay; for unfurnished units, the total amount that the landlord requires as security cannot be more than the amount of two months' rent. For furnished units, the total amount that the landlord requires as security cannot be more than the amount of three months' rent.
Entering the Unit
There are limits on the landlord's right to enter the rental unit;
California law states that a landlord can enter a rental unit for the following reasons:
- In an emergency.
- When the tenant has moved out or has abandoned the rental unit.
- To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.
- To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy
- If a court order permits the landlord to enter
- The tenant is present and consents to the entry at the time of entry.
The law considers 24 hours advance written notice to be reasonable in most situations.
Security Deposit Refund
You have the right to a refund of the security deposit, or a written accounting of how it was used, after you move. California law specifically allows the landlord to use a tenant's security deposit for four purposes:
- Unpaid rent
- For cleaning the rental unit when the tenant moves out
- For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests
- If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear
Under California law, 21 calendar days or less after you move, your landlord must either:
- Send you a full refund of your security deposit,
or
- Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.
Violations
You have the right to sue the landlord for violations of the law or your rental agreement or lease.
Moving Out
To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move.
You must give the landlord the same amount of notice as there are days between rent payments. This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move.
If your rental agreement specifies a different amount of notice (for example, 10 days), then you must give the landlord written notice as required by the agreement.
Eviction
A landlord can terminate a month-to month tenancy simply by giving the tenant 30 days' advance written notice.
However, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:
- Failed to pay the rent.
- Violated any provision of the lease or rental agreement.
- Materially damaged the rental property
- Substantially interfered with other tenants
- Used the rental property for an unlawful purpose.
If you decide to pay the rent that is due, it's best to call the landlord or the landlord's agent immediately. Tell the landlord or agent that you intend to pay the amount demanded in the notice (if it is correct) and arrange for a time and location where you can deliver the payment to the landlord or agent. You must pay the rent by the end of the third day.
Resources:
Heartland Human Relations and Fair Housing
1068 Broadway, Suite 221
El Cajon, CA 92021
(619) 444-5700
info@hhrfha.org
Fair Housing Council of San Diego
625 Broadway, Suite 1114
San Diego, CA 92101
(619) 699-5888
www.fhcsd.com
Legal Aid Society of San Diego
110 South Euclid
San Diego, CA 92114
(877) 534-2524
www.lassd.org
Neighborhood House Association
5660 Copley Drive
San Diego, CA 92111
(858) 715-2642
www.neighborhoodhouse.org
National Conflict Resolution Center
625 Broadway, Suite 1221
San Diego, CA 92101-5419
(619) 238-2400
(760) 494-4728
www.sdmediate.com
Tenants Legal Center
5252 Balboa Avenue, Suite 408
San Diego, CA 92117
(858) 571-7100
www.tenantslegalcenter.com
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