LANDLORD-TENANT LAW

LEASES

This page focuses on residential leases.  Some of the same rules apply for commercial leases, but some do not.  See DIFFERENCES BETWEEN COMMERCIAL AND RESIDENTIAL LEASES

There are many forms of agreements to rent real property.  They are called RENTAL AGREEMENTS or LEASES.  In California, an agreement to rent property may be made orally unless the term is for a period of greater than one year, in which case it must be written and signed by the parties. 

In California, month to month agreements may be made orally or may be created with the simple act of paying a months rent.   These agreements are generally favorable to the tenant since there are no standard Lease restrictions.  Such agreements, however,  may be terminated on a 30 or 60 days notice or changed on a 30 (or 60 for a large rent increase) day notice.   Certain provisions in California Leases are void even though both parties signed the Lease. 

Lease agreements need to contain certain terms like the address or description of the property, the rent or other charges, the length of the contract and an identity of the parties.   Most of the other provisions that are found in landlord prepared documents are not necessary but are only there to protect the landlord and limit the rights of the tenant.   The dwelling must be a lawfully rentable unit.

BREAKING A LEASE

If you need to move before the end of your lease, you should take action to break the lease BEFORE you vacate.  There are many ways to break a lease with little or no liability.  At the Tenants Legal Center, we have assisted hundreds of tenants in successfully breaking their leases reserving the rights to receive the return of the deposit.  In many of our cases when the landlord is at fault, our clients not only broke their lease but they received compensation including moving costs and other damages.   Military Servicemembers get special rights regarding breaking leases.

Many tenants who try and terminate their lease on their own are tricked into signing "lease break" documents given to them by the landlord.  These documents will rarely break any lease.  In fact, they usually create more liability than the lease did!  If you need to break your lease, seek legal advice before vacating or signing any documents. 

ILLEGAL DWELLINGS

State Law says that it is illegal for a landlord to rent out an illegal, unpermitted or unapproved dwelling.  Some examples:

--  illegally converted garage,
--  illegal additional unit built without permits
--  illegally rented guest house
--  excessive boarders in an owner occupied home
--  illegally added room

When renting an illegal unit, the tenant may legally not owe any rent and actually be able to claim and receive a refund of part or all the rent they paid to live there!  At The Tenants Legal Center we have been successful in obtaining rent refunds for our clients who lived in illegal units.

CHECK YOUR LEASE OVER BEFORE SIGNING

A Lease is a legal document which should not be signed without some careful thought.  Read it over carefully.  Be prepared with a list of points you are concerned about so you may bring them up to the landlord.  For example:

--What is the rent?  Does it change?
--Is the lease for a term or is it Month-to Month?
--Who will be living there?  Are they named?
--What about adding family members later?
--Are there late charges?  If so, are they excessive?  When are they charged?
--Are there any restrictions on having guests?
--Can you get out of the Lease if you need to move early?
    (job change, family emergency, military clause etc.)
--Are there unreasonable rules and regulations?
--Can you sublease?  How about adding a roommate?
--How about operating a home business?
--Is there an option to renew at the end of the lease?
--If there is an option to renew, is it valid and what you wanted?
--Is this a "rent to own" lease?
--Is there an option to buy?  If so, are the terms for it's exercise clear?
--Does the Landlord shift any duty of maintenance to the tenant?
-- Does the lease have the required disclosures (i.e lead paint, asbestos etc.)
-- Are pets allowed?  What kind are O.K.?
-- Are there promises not contained in the lease?
--Do you have to notify the landlord of anything before the lease ends?

You should not be intimidated to negotiate any term in a Lease.  It is doubtful any change will be made without your effort to at least ask for one.  If the landlord refuses to negotiate a term you deem very important, it may be a warning sign to look elsewhere. 

If you are not sure of any Lease term, or have doubts about the matter, have an Attorney review it before signing.   Remember, get a copy of whatever you sign.

PET LAW
In California, a mobile home park may not refuse permission to a tenant to have "at least one pet within the park, subject to
reasonable rules and regulations of the park".  Also, a condominium or "common interest development" project may not refuse an owner the right to have "at least one pet within the development, subject to the reasonable rules and regulations of the association.."  These new rules only apply, however, to leases or common interest documents (e.g. C.C.& R.'s) executed, modified or amended after 1/1/01)  Also, if an animal is a service or medically necessary "companion" animal, it is not a "pet" and is therefore exempt from "no pet" lease restrictions.

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California law for San Diego is applied in these pages.  Such laws may or may not be applicable in other jurisdictions.  The information provided herein is of a general nature and is not intended to be taken as specific legal advice.  For legal advice in a particular situation, promptly consult with an appropriate attorney.