Free Advice Articles Under Civil Code Section 1954, the landlord may enter your rental unit (1) in an emergency, like a fire or broken pipe, or (2) upon reasonable advance notice, and then only to inspect, repair, or show the apartment, during normal business hours. The general rule is that you are responsible for all of the rent for the remainder of the lease period, whether you live there or not. You should also include that any extra expenses for additional days will be either paid by the landlord immediately as due or come out of future rents as a credit. California State law (California Civil Code Section 1942.5) protects tenants from retaliatory evictions, increases in rent or reductions of services within six months of the following: • After the Tenant has filed a written or oral complaint about the condition of the rental unit with the landlord or to an appropriate public agency; When would this have to be done? If it does, the late fee clause is void and of no legal effect, just like a nonrefundable security deposit clause. If he or she has family nearby, keep those persons’ phone numbers and email addresses in your records in case of an emergency. The former owner is entitled to a 3-day notice, and any tenant of the former owner is entitled to 30 days’ notice, before the eviction lawsuit can be filed. 12. You “have a contract” if you pay the rent for the place without anything else. Functionally, the law provides a type of grace period. The Eviction Notice. If your paycheck comes at a time which makes payment on the first difficult, you might suggest to the landlord that you increase your security deposit by a month’s rent, so that you’ll actually being paying a month in advance of the current one. Who is Ken Carlson? By playing “tough guy” with you in this situation, the landlord only hurts himself. That law is to assure that each rental unit complies with building and zoning laws. Mailed rent under those circumstances requires “proof of mailing”, which can be done by certified or registered mail, but also by declaration of proof of service, a witness, or a simultaneously mailed copy to yourself that shows the postmark [which can be the next mail day]. You can also put your own ad in the Recycler or equivalent [freebie ads], and have the prospective tenants call you. Be sure of what you have. Come to an agreement and have the things itemized to present to the landlord. Some rental agreements look like leases because they say you don’t get your security deposit back if you don’t stay the full year, but on closer examination, they are just month-to-month agreements with illegal non-refundable security deposit provisions in them. The manager can sue the landlord for the unpaid wages, plus an extra month “waiting time penalty”, and interest, plus attorney fees and court costs. The stronger argument is that Civil Code Section 3302 says that the damages for failure to pay an amount is the amount itself, plus interest at the legal rate [1/3650th of the amount per day – about 20 cents]. Senior Legal Services provides free legal services to residents of San Diego and Imperial Counties over the age of 60. That way, he can’t claim he didn’t know about it, should you get sick from the mold. If that worked, nobody would buy insurance. [See Mobilehome Park Disputes]. That is why it’s important to always investigate fully before giving your money to a stranger or even someone on the other side of the phone claiming to be a family relative. If the landlord doesn’t do that, you can sue [even in small claims court] for a reimbursement of the portion used outside your unit, whatever that is. What happens if they don’t? As a tenant, you have the option to file a complaint in court if they have a problem related to retaliation or harassment. The RRSO sets a minimum fine of $1,000. (Tenant) is disabled and requires the use of a walker. A month-to-month tenancy can be terminated by either party giving 30 days’ written notice that the tenancy at X address is terminated 30 days from this notice. Check them out carefully, shop around, and make sure you understand all of the risks and conditions involved. Monitor your Medicare account and contact it about charges for services you didn’t receive. Who is that? Federal law and anti-discrimination laws, in particular, warns against discriminating tenants based on age, disability, familial status, religion, ethnicity, and race. In any of these cases, all hope is not lost. Below are some of the signs to look out for, but the presence of one or more of these does not necessarily mean abuse has occurred. For those former owners of what became “over-encumbered” homes [i.e., you owe on it more than it’s worth], you should be aware that the foreclosure does not end your financial plight. Tenant harassment and retaliation protections give tenants remedies in court if they are harassed or retaliated against by landlords. Here is the surprise to most resident managers. Free and open company data on California (US) company SENIOR CITIZENS TENANTS' RIGHTS ASSOCIATION (company number C3396502), 4101 DUBLIN BLVD STE442 DUBLIN CA 94568 Depending on how the lease is worded, you may have a new lease for the same term [like a new year] or the more common month-to-month tenancy, which happens automatically by law [Civil Code 1945], under the same terms and conditions except for the tenancy being month-to-month. The landlord cannot discriminate against children. We’ll pay you to live in your house – If you’re over 62 and own your own home, you may be eligible for a “Reverse Mortgage.” Reverse mortgages are designed to allow senior homeowners to convert the equity in their home into income to supplement other sources of income. If that third day also falls on a legal holiday or weekend, your last day is extended until the next banking day, which can be as late as the 9th. At a later date, if you are evicted for nonpayment of rent, your prior late fee overpayment  has to be given credit, and the 3-day notice is thereby made invalid for demanding more rent than was due [ie, it demands a month, but you only owe a month minus that earlier late fee payment]. Get an agreement from the landlord in writing for each tenant that the landlord will advance $X to each of you in advance solely as compensation for the temporary move, a beginning date when you sign out and get your money, and a definite return date when you can come back in. As to the new address, a landlord has an interest in knowing the new address in order to return the security deposit, or to send the tenant a bill for damages and unpaid rent. California Termination and Eviction Rules Here are some things to look for: Abusers will sometimes use isolation to maintain control. Additional Terms Supplied by Law Whether the tenant is renting a room, an apartment, a house, or a duplex, the landlord-tenant relationship is governed by federal, state, and local laws. A legally valid reason for the termination has to do with the unit, itself. Tenants may withhold rent, move out without notice, sue the landlord, call state or local health inspectors or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater. Here are some signs to look out for: Seniors are likely to be the targets of scams designed to take advantage of them. Just because you have been paying your rent doesn’t mean that your landlord has been paying his mortgage. If they are sincere about it, they’ll put it in writing. Senior Citizens Tenants' Rights Association is a California Domestic Corporation filed on July 12, 2011. Landlord’s Authority, Repairs Landlord Intrusions - Repairs Needed Landlords must give tenants a 120 day notice of eviction and a 12 month notice if the tenant is a senior citizen. If a tenant or tenant’s spouse is 62 years of age or older and is living in a rent regulated apartment, and the combined household income is at or below the income eligibility level and they are What will the replacement food cost? If you are such a tenant, but get only a 3-day notice, you have a tactical advantage when you start fighting the eviction. Contact the Attorney General’s Public Inquiry Unit to report a complaint about a business or if you have questions or comments. While there are some scams directly aimed at seniors, seniors, like others, can be victims of any of the scams out there. The failure to register a rent-controlled unit prohibits the landlord from asking for rent or suing to evict the tenant. Most rental units have something wrong with them: missing front door deadbolt locks, missing screens, inadequate trash receptacles, defective electrical outlets, slow drains, etc.. If you live in a unit where you get the utility bill for service which is also supplied to another unit, a laundry room, or garage, Civil Code Section 1940.9 requires that that landlord tell you about that when you rent the place and make some agreement about the distribution of the service expenses [like you pay 50%]. Property owners who chooses this method will be forbidden from releasing their unit for a certain number of years, depending on the zone and city laws. You might want to print it out, in case you have to convince the landlord or judge of your position, and you can use it for reference. You win the case on a technicality, or at least get a great bargaining position for a settlement on terms favorable to you. Deluxe Eviction Defense Kit For small claims, be sure to mail the Plaintiff’s Claim at least 10 days before the trial date. They often claim they are not liable, but that is a bluff. Ask for details in writing and check it out carefully. Ask friends and family for advice. By statute, a California landlord may not use extrajudicial procedures to evict a tenant. Landlords and tenants might not be aware, but certain laws do apply when renting to seniors. The basic service provided to our senior population consists of a 30 minute counsel and advice session with an attorney licensed in the State of California. Please call: (202) 719-6560 or use "Ask the Director" for assistance. Get the company’s full name and address. The California courts also provide information onevictions and the court process at their online self-help center. Sometimes they use a “power of attorney” form, and other times a simply contract authorizing them to do so, but neither of those is enough under the law. Senior Legal Services. For more detailed information about tenants’ rights in California, along with current official legal forms, check outCalifornia Tenants’ Rights, by … Also, there are remedies for any improprieties in real estate swindles, such as reversing the title in “equity purchases”, and raising the fraud as an eviction defense. Help, I need $500 for bail. Sometimes, however, the management company tells you that you have to pay them some money to be “released”, but will still owe them money for the time until they get the place re-rented; you would be paying the “release” money for nothing, since the rest is all you would owe anyway. Toxic Mold has gained attention. Self-Help Research The judge would have to determine whether this was a mitigation of damages. You can also set up an online Medicare account at MyMedicare.gov. You can sign a lease with the late fee provision, and you haven’t waived your rights by doing so, since the late fee provision is illegal and void. Privacy The law requires that it be returned to you within 21 days after you leave, minus only certain legal deductions. That’s why the Attorney General has a Bureau of Medi-Cal Fraud and Elder Abuse. Go to Walmart and send the money to the following….” Don’t panic. tenant’s rent? The landlord can restrict the number of people who live in an apartment, however. If you have a reason like this, and obviously the worse they are the better the reason is, you can legally terminate the lease, even if coincidentally you got transferred to Chicago. Shared Utilities It is clear that she is not able to clean her unit independently. Things happen that are more important than your rental agreement, but you don’t want to leave loose ends, either. You may work with the tenant and any family members to create a cleanup plan and some follow-up inspections to ensure the work is … California state law (Cal. A copy of the Bureau’s Citizen’s Guide To Preventing and Reporting Elder Abuse is available here. In between is the gray area, where the landlord makes minimal efforts to re-rent, or rents at a higher rate than you paid. It can lead to serious lung infections, and often results from landlords’ neglect of pipes leaking the walls, leaky roofs, and unsealed [a special coating] walls. Unfortunately, the number and types of scams are numerous and consistently changing. The landlord chooses to have the money, rather than exclusive possession, the same as though they sold the property to someone else – they no longer have the right to possession. answers these questions and many others. The landlord must also promptly repair problems related to the habitability items listed above. If the landlord claims they couldn’t find anyone, you have a list to contest that, and show their failure to mitigate damages. A helpful guide on reverse mortgages is available from the Consumer Financial Protection Bureau. Unfortunately, much elder abuse comes not from strangers, but from family members and caretakers. [Civil Code Section 1940.8]. The law prohibits the landlord from making it non-refundable. Watch out for the terms. Federal law gives certain rights to tenants and applicants for publicly supported housing in addition to the landlord-tenant rights available to all residential tenants. Getting Help: Get legal advice from a lawyer. Federal Law on Discriminating Prospective Tenants. That’s their problem: they can’t avoid liability by avoiding insurance. If you’re unable to pay for your prescriptions, you may be eligible for assistance from the drug manufacturer. The law now requires a landlord to provide dead bolt locks on the doors and adequate locks on the windows of a residential rental unit.