Recent Changes for "Tenant Rights" - Davis Wikihttp://daviswiki.org/Tenant_RightsRecent Changes of the page "Tenant Rights" on Davis Wiki.en-us Tenant Rightshttp://daviswiki.org/Tenant_Rights2014-09-26 07:32:45TinaFaradayComment added. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 117: </td> <td> Line 117: </td> </tr> <tr> <td> </td> <td> <span>+ ------<br> + ''2014-09-26 08:32:45'' [[nbsp]] This is awesome, but....half of the things I did not understand and still unsure who I could file a complaint to and how. There's a vast of information but the relevant, short and sweet and precise description of the steps to take is unclear. --["Users/TinaFaraday"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2014-08-29 13:22:24LukeMacaulay <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 12: </td> <td> Line 12: </td> </tr> <tr> <td> </td> <td> <span>+ * '''[https://www.facebook.com/DavisTenants Davis Tenants for a Flexible Rental Market ]''' - A facebook community seeking policy reforms to create more flexible rental options in Davis.<br> + </span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2014-08-29 13:11:18LukeMacaulay <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 27: </td> <td> Line 27: </td> </tr> <tr> <td> <span>-</span> As the Davis [http://daviswiki.org/rental_housing_guide#head-81a96ef41215c0bd0f12c10cbfd24f1738e0925d Rental Housing Guide] notes, the rental market is dominated by landlords that demand yearly renewals of the rental lease up to 6 months in advance of the termination of the lease. This requires tenants to commit to a rental 1.5 years into the future. If tenants elect not to sign up for this commitment<span>&nbsp;so early</span> their apartment is listed on the market. Unfortunately, the month-to-month rental market in Davis is very limited, and these rental op<span>era</span>tions do not know about their availability until 30-60 days in advance of move-in. As such, tenants unwilling to sign another yearlong lease must lose their current rental without being able to secure new housing in Davis. The [https://www.facebook.com/DavisTenants Davis Tenants for a Flexible Rental Market] is a facebook page that tenants can 'like' to encourage policy reforms to make the housing market more flexible for Davis residents, postdocs, or students whose schedule does not operate on the school-year calendar. </td> <td> <span>+</span> As the Davis [http://daviswiki.org/rental_housing_guide#head-81a96ef41215c0bd0f12c10cbfd24f1738e0925d Rental Housing Guide] notes, the rental market is dominated by landlords that demand yearly renewals of the rental lease up to 6 months in advance of the termination of the lease. This requires tenants to commit to a rental 1.5 years into the future. If tenants elect not to sign up for this commitment<span>,</span> their apartment is listed on the market. Unfortunately, the month-to-month rental market in Davis is very limited, and these <span>short-term </span>rental options do not know about their availability until 30-60 days in advance of move-in. As such, tenants unwilling to sign another yearlong lease must lose their current rental without being able to secure new housing in Davis. The [https://www.facebook.com/DavisTenants Davis Tenants for a Flexible Rental Market] is a facebook page that tenants can 'like' to encourage <span>city </span>policy reforms to make the housing market more flexible for Davis residents, postdocs, or students whose schedule does not operate on the school-year calendar. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2014-08-29 13:09:30LukeMacaulay <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 27: </td> <td> Line 27: </td> </tr> <tr> <td> <span>-</span> As the Davis [http://daviswiki.org/rental_housing_guide#head-81a96ef41215c0bd0f12c10cbfd24f1738e0925d Rental Housing Guide] notes, the rental market is dominated by landlords that demand yearly renewals of the rental lease up to 6 months in advance of the termination of the lease. This requires tenants to commit to a rental 1.5 years into the future. If <span>you'd </span>p<span>refer not to sign u</span>p<span>&nbsp;for this</span>, the month-to-month rental market in Davis is very limited, and<span>&nbsp;generally</span> these rental operations do not know about their availability until 30-60 days in advance of move-in. As such, tenants unwilling to sign another yearlong lease must lose their current rental without being able to secure new housing in Davis. The [https://www.facebook.com/DavisTenants Davis Tenants for a Flexible Rental Market] is a facebook page that tenants can 'like' to encourage policy reforms to make the housing market more flexible for Davis residents, postdocs, or students whose schedule does not operate on the school-year calendar. </td> <td> <span>+</span> As the Davis [http://daviswiki.org/rental_housing_guide#head-81a96ef41215c0bd0f12c10cbfd24f1738e0925d Rental Housing Guide] notes, the rental market is dominated by landlords that demand yearly renewals of the rental lease up to 6 months in advance of the termination of the lease. This requires tenants to commit to a rental 1.5 years into the future. If <span>tenants elect not to sign u</span>p<span>&nbsp;for this commitment so early their a</span>p<span>artment is listed on the market. Unfortunately</span>, the month-to-month rental market in Davis is very limited, and these rental operations do not know about their availability until 30-60 days in advance of move-in. As such, tenants unwilling to sign another yearlong lease must lose their current rental without being able to secure new housing in Davis. The [https://www.facebook.com/DavisTenants Davis Tenants for a Flexible Rental Market] is a facebook page that tenants can 'like' to encourage policy reforms to make the housing market more flexible for Davis residents, postdocs, or students whose schedule does not operate on the school-year calendar. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2014-08-29 13:07:57LukeMacaulay <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 25: </td> <td> Line 25: </td> </tr> <tr> <td> </td> <td> <span>+ <br> + =Rental Renewals=<br> + As the Davis [http://daviswiki.org/rental_housing_guide#head-81a96ef41215c0bd0f12c10cbfd24f1738e0925d Rental Housing Guide] notes, the rental market is dominated by landlords that demand yearly renewals of the rental lease up to 6 months in advance of the termination of the lease. This requires tenants to commit to a rental 1.5 years into the future. If you'd prefer not to sign up for this, the month-to-month rental market in Davis is very limited, and generally these rental operations do not know about their availability until 30-60 days in advance of move-in. As such, tenants unwilling to sign another yearlong lease must lose their current rental without being able to secure new housing in Davis. The [https://www.facebook.com/DavisTenants Davis Tenants for a Flexible Rental Market] is a facebook page that tenants can 'like' to encourage policy reforms to make the housing market more flexible for Davis residents, postdocs, or students whose schedule does not operate on the school-year calendar.</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2013-05-24 07:42:00JabberWokkyFound it. Despite SFGate leaving out the bill number to force a paywall use. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 4: </td> <td> Line 4: </td> </tr> <tr> <td> <span>-</span> As of mid-2013, the state legislature is considering changes to the laws regarding tenant rights and security deposits. The San Francisco Chronicle is looking for tenants who have been treated unfairly, especially groups of tenants dealing with an unfair company. Details are available [http://blog.sfgate.com/ontheblock/2013/05/23/security-deposits-stir-up-disputes-between-landlords-tenants/ in this article]<span>&nbsp;(alas</span>, <span>the details of the bill are only a</span>v<span>ailable to subscribers</span>:<span>&nbsp;great </span>w<span>ay to run a democracy</span>, <span>eh</span>?<span>).</span> </td> <td> <span>+</span> As of mid-2013, the state legislature is considering changes to the laws regarding tenant rights and security deposits. The San Francisco Chronicle is looking for tenants who have been treated unfairly, especially groups of tenants dealing with an unfair company. Details are available [http://blog.sfgate.com/ontheblock/2013/05/23/security-deposits-stir-up-disputes-between-landlords-tenants/ in this article]<span>. The proposed bill</span>, <span>[http://leginfo.legislature.ca.go</span>v<span>/faces/billNavClient.xhtml?bill_id=201320140SB603 SB-603], is described by Senator Mark Leno [http</span>:<span>//sd11.senate.ca.gov/ne</span>w<span>s/2013-03-18-leno-bill-requires-landlords-properly-return-and-pay-interest-tenant-security-deposi here]</span>, <span>and by the non-profit group Tenants Together [http://tenantstogether.org/article.php</span>?<span>id=2660 here].</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2013-05-24 07:36:03JabberWokky <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 2: </td> <td> Line 2: </td> </tr> <tr> <td> </td> <td> <span>+ <br> + <br> + As of mid-2013, the state legislature is considering changes to the laws regarding tenant rights and security deposits. The San Francisco Chronicle is looking for tenants who have been treated unfairly, especially groups of tenants dealing with an unfair company. Details are available [http://blog.sfgate.com/ontheblock/2013/05/23/security-deposits-stir-up-disputes-between-landlords-tenants/ in this article] (alas, the details of the bill are only available to subscribers: great way to run a democracy, eh?).</span> </td> </tr> <tr> <td> Line 6: </td> <td> Line 9: </td> </tr> <tr> <td> <span>- * [http://www.dca.ca.gov/publications/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs.<br> - <br> - * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should consider watching this video and read the brochure it is full of great information.</span> </td> <td> <span>+ * '''[http://www.tenantstogether.org/ Tenants Together]''' - A non-profit advocacy group for California renters.<br> + * '''[http://www.dca.ca.gov/publications/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]''' - A handbook from the California Department of Consumer Affairs.<br> + * '''[http://www.caanet.org California Apartments Association Web Site]''' - Renters Rights information: New Renters should consider watching this video and read the brochure it is full of great information.</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2012-08-16 10:28:00AdrienneHeinigCity no longer offers any kind of mediation service <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 54: </td> <td> Line 54: </td> </tr> <tr> <td> <span>- * The City of Davis offers [http://cityofdavis.org/cs/mediation/index.cfm Conflict Resolution Assistance for Tenants and Landlords]. This is a great place to start for advice and mediation before getting lawyers involved.</span> </td> <td> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2011-04-28 21:08:14TomGarbersonAdding disclaimer as to legal advice <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 3: </td> <td> Line 3: </td> </tr> <tr> <td> </td> <td> <span>+ '''Disclaimer:''' Information on this page should not be taken as legal advice. Neither the Wiki nor any of its users make any representation as to its accuracy, currentness, or completeness. It is merely a resource to help inform you of your general rights and point you in the right direction for further assistance and resources.</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2011-04-28 20:49:04TomGarbersonlink legal services; sup with Lamar's tenant rights bill? <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 59: </td> <td> Line 59: </td> </tr> <tr> <td> </td> <td> <span>+ * And of course, you can always check out the ["Legal Services"] page.</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2010-10-27 08:36:09AdamCostanzoAdded info about City mediation services <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 53: </td> <td> Line 53: </td> </tr> <tr> <td> </td> <td> <span>+ * The City of Davis offers [http://cityofdavis.org/cs/mediation/index.cfm Conflict Resolution Assistance for Tenants and Landlords]. This is a great place to start for advice and mediation before getting lawyers involved.</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2010-05-22 09:15:40TomGarberson+renter small claims stories link <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 54: </td> <td> Line 54: </td> </tr> <tr> <td> <span>- </span> * For advice on filing a smalls claims court case, call Yolo County ["Small Claims Court"] advisor ["Natalie Wormeli"] at (530) 758-1927<br> <span>- </span> * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/Index.aspx?page=337 Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondence letters...etc. </td> <td> <span>+ * Check out the ["Renter Small Claims Stories"] for some general information. Don't forget to share your experience there if you've already gone through the process!<br> +</span> * For advice on filing a smalls claims court case, call Yolo County ["Small Claims Court"] advisor ["Natalie Wormeli"] at (530) 758-1927<br> <span>+</span> * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/Index.aspx?page=337 Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondence letters...etc. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2009-12-15 14:23:13hankim(quick edit) <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 105: </td> <td> Line 105: </td> </tr> <tr> <td> </td> <td> <span>+ * I believe the proposal described above had something about that but it did pass. --["Users/hankim"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2009-12-15 14:05:36AmLinComment added. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 103: </td> <td> Line 103: </td> </tr> <tr> <td> </td> <td> <span>+ ------<br> + ''2009-12-15 14:05:36'' [[nbsp]] In my expereince, most apartments do start sending them out anywhere from January to March. I suspect it's not because apartments are in demand, but rather the opposite. If they scare you into either committing now even if you're not sure you want to, or else your rent goes up, they more or less win no matter what. They either have you staying, paying more next year if you commit later rather than sooner, or you leave entirely which you would have done if that was your plan anyways. It's an easy way for them to raise the rent if you are happy there. What I'm curious about, is if there are any laws or tenant rights regarding how soon they can demand you renew a lease without adding penalties (i.e. increased rent)? --["Users/AmLin"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2009-12-15 10:56:13hankimComment added. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 101: </td> <td> Line 101: </td> </tr> <tr> <td> </td> <td> <span>+ ------<br> + ''2009-12-15 10:56:13'' [[nbsp]] Anyone know when most apartments in Davis start sending out renewal forms? I swear every other complex last year started around February or March. Adobe is now having us sign renewal forms in the first two weeks of January. They cite the demand for apartments, which is ridiculous because they had rooms available almost all of Fall Quarter since increasing their rates. --["Users/hankim"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-08-29 14:17:49MichellePalmer(quick edit) <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 101: </td> <td> Line 101: </td> </tr> <tr> <td> <span>- ''2008-08-29 15:16:49'' [[nbsp]] a little more detail on an issue I encountered --["Users/MichellePalmer"]</span> </td> <td> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-08-29 14:17:29MichellePalmera little more detail on an issue i encountered. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 24: </td> <td> Line 24: </td> </tr> <tr> <td> <span>-</span> Under [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&amp;group=01001-02000&amp;file=1940-1954.1 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints. </td> <td> <span>+</span> Under [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&amp;group=01001-02000&amp;file=1940-1954.1 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit.<span><br> + * This is explained further by the [http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml#rulesgoverningsecuritydeposits Department of Consumer Affairs]. Even if the deposit is broken down into separate types, ie. "Pet Deposit" and "Security Deposit", the total amount may not exceed the amounts listed above. This can be a crucial detail when paying pet deposits per animal on top of the usual security deposit. $500 per pet can quickly add up to be well in excess of the 2x or 3x monthly rent rule.<br> + <br> +</span> Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-08-29 14:16:49MichellePalmerComment added. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 97: </td> <td> Line 97: </td> </tr> <tr> <td> </td> <td> <span>+ ------<br> + ''2008-08-29 15:16:49'' [[nbsp]] a little more detail on an issue I encountered --["Users/MichellePalmer"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-08-22 20:16:29PhilipNeustrom <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 90: </td> <td> Line 90: </td> </tr> <tr> <td> <span>- Late "penalty" is not allowed.</span> In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse is to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"] </td> <td> <span>+ </span> In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse is to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"] </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-08-22 20:14:18PhilipNeustrom <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 90: </td> <td> Line 90: </td> </tr> <tr> <td> <span>-</span> Late "penalty" is not allowed. In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse <span>be</span> to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"] </td> <td> <span>+</span> Late "penalty" is not allowed. In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse <span>is</span> to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"] </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-08-22 20:13:45PhilipNeustromreply to late fine question <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 89: </td> <td> Line 89: </td> </tr> <tr> <td> </td> <td> <span>+ <br> + Late "penalty" is not allowed. In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse be to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"]<br> + </span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-08-22 00:51:13RachelPetersfixed assessor's link and fixed some spelling while I was at it. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 52: </td> <td> Line 52: </td> </tr> <tr> <td> <span>-</span> * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/<span>org/assessor/</span> Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspond<span>a</span>nce letters...etc.<br> <span>-</span> * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment. </td> <td> <span>+</span> * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/<span>Index.aspx?page=337</span> Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspond<span>e</span>nce letters...etc.<br> <span>+</span> * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoin<span>t</span>ment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-08-21 22:30:02AmyChowComment added. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 92: </td> <td> Line 92: </td> </tr> <tr> <td> </td> <td> <span>+ ------<br> + ''2008-08-21 23:30:02'' [[nbsp]] That's unfortunate. I'd probably support that proposal... Also, the Yolo County Assessor's link is broken. --["Users/AmyChow"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-08-13 21:19:28RachelPetersanother link update <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 24: </td> <td> Line 24: </td> </tr> <tr> <td> <span>-</span> Under [http://www.<span>mmproperties.com</span>/<span>C</span>iv<span>ilCodes/</span>1950<span>-5.htm Civil Code Section 1950</span>.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints. </td> <td> <span>+</span> Under [http://www.<span>leginfo.ca.gov</span>/<span>cgi-bin/displaycode?section=c</span>iv<span>&amp;group=01001-02000&amp;file=1940-1954.1 </span>1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-01-29 22:32:03RealDavisite <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 7: </td> <td> Line 7: </td> </tr> <tr> <td> <span>-</span> * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should consider watching this video and read the brochure it is full of great information. </td> <td> <span>+ </span> * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should consider watching this video and read the brochure it is full of great information. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-01-29 22:31:31RealDavisite <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 7: </td> <td> Line 7: </td> </tr> <tr> <td> <span>-</span> * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should <span>watch</span> this video and read the brochure it is full of great information. </td> <td> <span>+</span> * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should <span>consider watching</span> this video and read the brochure it is full of great information. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-01-29 22:31:06RealDavisite <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 7: </td> <td> Line 7: </td> </tr> <tr> <td> <span>-</span> * [http://www.caanet.org<span>/</span>A<span>M/T</span>e<span>mpl</span>a<span>te.cfmSec</span>tion<span>=Ov</span>e<span>rv</span>i<span>ew&amp;Templa</span>te<span>=/TaggedPage/TaggedPageDisplay.cfm&amp;TPLID=52&amp;ContentID=15373</span>]<span>&nbsp;</span>: Renters Rights information: New Renters should watch this video and read the brochure it is full of great information. </td> <td> <span>+</span> * [http://www.caanet.org<span>&nbsp;California </span>A<span>partm</span>e<span>nts Associ</span>ation<span>&nbsp;W</span>e<span>b S</span>ite]: Renters Rights information: New Renters should watch this video and read the brochure it is full of great information. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2008-01-29 22:27:54RealDavisite <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 6: </td> <td> Line 6: </td> </tr> <tr> <td> </td> <td> <span>+ <br> + * [http://www.caanet.org/AM/Template.cfmSection=Overview&amp;Template=/TaggedPage/TaggedPageDisplay.cfm&amp;TPLID=52&amp;ContentID=15373] : Renters Rights information: New Renters should watch this video and read the brochure it is full of great information.</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2007-10-25 11:54:31BrentLaabs <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 24: </td> <td> Line 24: </td> </tr> <tr> <td> -<span>&nbsp;The</span> law <span>expressly prohibits any money paid to secure the tenant's performance under the lease from being non-refundable. Sometimes landlords try to circumvent that law by labeling the money under </span>other name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in. </td> <td> <span>+ The law expressly prohibits any money paid to secure the tenant's performance under the lease from being non</span>-<span>refundable. Sometimes landlords try to circumvent that</span> law <span>by labeling the money under an</span>other name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2007-09-28 09:05:20JabberWokkyThreaded <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 89: </td> <td> Line 89: </td> </tr> <tr> <td> <span>-</span> <span>------<br> -</span> ''2007-09-28 09:59:09'' [[nbsp]] I believe he did not have majority support. --["Users/JamesSchwab"] </td> <td> <span>+</span> <span>&nbsp;*</span> ''2007-09-28 09:59:09'' [[nbsp]] I believe he did not have majority support. --["Users/JamesSchwab"] </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2007-09-28 08:59:09JamesSchwabComment added. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 89: </td> <td> Line 89: </td> </tr> <tr> <td> </td> <td> <span>+ ------<br> + ''2007-09-28 09:59:09'' [[nbsp]] I believe he did not have majority support. --["Users/JamesSchwab"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2007-09-28 00:04:17Graham.FreemanComment added. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 87: </td> <td> Line 87: </td> </tr> <tr> <td> </td> <td> <span>+ ------<br> + ''2007-09-28 01:04:17'' [[nbsp]] What ever happened with Haystek's proposal last year? --["Users/Graham.Freeman"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2007-09-27 23:48:15RachelPeterswhoops...typo <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 14: </td> <td> Line 14: </td> </tr> <tr> <td> <span>-</span> * [http://www.dca.ca.gov/publications/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs. </td> <td> <span>+</span> * [http://www.dca.ca.gov/publications/landlordbook/evictions.<span>s</span>htm<span>l</span> Learn about Eviction] from the California Department of Consumer Affairs. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2007-09-27 23:46:56RachelPetersupdating links <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 5: </td> <td> Line 5: </td> </tr> <tr> <td> <span>-</span> * [http://www.dca.ca.gov/l<span>eg</span>a<span>l</span>/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs. </td> <td> <span>+</span> * [http://www.dca.ca.gov/<span>pub</span>l<span>ic</span>a<span>tions</span>/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs. </td> </tr> <tr> <td> Line 14: </td> <td> Line 14: </td> </tr> <tr> <td> <span>-</span> * [http://www.dca.ca.gov/l<span>eg</span>a<span>l</span>/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs. </td> <td> <span>+</span> * [http://www.dca.ca.gov/<span>pub</span>l<span>ic</span>a<span>tions</span>/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2007-08-24 22:45:06EdWinsminus a very dated comment. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 85: </td> <td> Line 85: </td> </tr> <tr> <td> <span>- --------<br> - ["Lois Wolk"] is set to vote the wrong way on [http://www.aroundthecapitol.com/Bills/AB_1169 AB 1169]. It is a bill that forces landlords to give good tenants 60 day notice instead of 30 day notice when booting them out for no reason caused by the renter.<br> - <br> - The vote is tomorrow, 22 August, 2006. Tell Lois to vote "yes" on the bill. As it stands, she will vote "no." There is no reason why we cannot flip her. In order to do so, she needs to hear from renters. Deluging Lois Wolk's office with phone calls and emails is also a good idea.<br> - <br> - Phone: (916) 319-2008<br> - Email: [[Mailto(assemblymember DOT wolk AT assembly DOT ca DOT gov)]]<br> - -["JimSchwab"]</span> </td> <td> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2007-03-26 21:18:20CraigBrozinskyphoto top for security deposit <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 22: </td> <td> Line 22: </td> </tr> <tr> <td> <span>-</span> Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. </td> <td> <span>+</span> Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up.<span>&nbsp;Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints.</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-08-23 17:46:28AaGgComment added. <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 93: </td> <td> Line 93: </td> </tr> <tr> <td> </td> <td> <span>+ ------<br> + ''2006-08-23 18:46:28'' [[nbsp]] So, the pdf under the General Information link at the top, on page 28, says that landlords *can* charge late fees. Which is right? --["AaGg"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-08-21 18:45:08JasonAllerlinks <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 86: </td> <td> Line 86: </td> </tr> <tr> <td> <span>- </span>Lois Wolk is set to vote the wrong way on [http://www.aroundthecapitol.com/Bills/AB_1169 AB 1169]. It is a bill that forces landlords to give good tenants 60 day notice instead of 30 day notice when booting them out for no reason caused by the renter. </td> <td> <span>+ ["</span>Lois Wolk<span>"]</span> is set to vote the wrong way on [http://www.aroundthecapitol.com/Bills/AB_1169 AB 1169]. It is a bill that forces landlords to give good tenants 60 day notice instead of 30 day notice when booting them out for no reason caused by the renter. </td> </tr> <tr> <td> Line 88: </td> <td> Line 88: </td> </tr> <tr> <td> <span>-</span> The vote is tomorrow, 22 August. Tell Lois to vote "yes" on the bill. As it stands, she will vote "no." There is no reason why we cannot flip her. In order to do so, she needs to hear from renters. Deluging Lois Wolk's office with phone calls and emails is also a good idea. </td> <td> <span>+</span> The vote is tomorrow, 22 August<span>, 2006</span>. Tell Lois to vote "yes" on the bill. As it stands, she will vote "no." There is no reason why we cannot flip her. In order to do so, she needs to hear from renters. Deluging Lois Wolk's office with phone calls and emails is also a good idea. </td> </tr> <tr> <td> Line 91: </td> <td> Line 91: </td> </tr> <tr> <td> <span>-</span> Email: <span>&nbsp;&nbsp;A</span>ssemblymember<span>.W</span>olk<span>@</span>assembly<span>.</span>ca<span>.</span>gov </td> <td> <span>+</span> Email: <span>[[Mailto(a</span>ssemblymember<span>&nbsp;DOT w</span>olk<span>&nbsp;AT </span>assembly<span>&nbsp;DOT </span>ca<span>&nbsp;DOT </span>gov<span>)]]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-08-21 15:36:02JamesSchwabRead it, call her and email her <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 85: </td> <td> Line 85: </td> </tr> <tr> <td> </td> <td> <span>+ --------<br> + Lois Wolk is set to vote the wrong way on [http://www.aroundthecapitol.com/Bills/AB_1169 AB 1169]. It is a bill that forces landlords to give good tenants 60 day notice instead of 30 day notice when booting them out for no reason caused by the renter.<br> + <br> + The vote is tomorrow, 22 August. Tell Lois to vote "yes" on the bill. As it stands, she will vote "no." There is no reason why we cannot flip her. In order to do so, she needs to hear from renters. Deluging Lois Wolk's office with phone calls and emails is also a good idea.<br> + <br> + Phone: (916) 319-2008<br> + Email: Assemblymember.Wolk@assembly.ca.gov<br> + -["JimSchwab"]</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-08-17 14:29:30CraigBrozinskymoved lamar's thing to the bottom <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 1: </td> <td> Line 1: </td> </tr> <tr> <td> </td> <td> <span>+ [[TableOfContents]]<br> + <br> + =General Information=<br> + <br> + * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs.<br> + <br> + =Habitability and Repairs=<br> + <br> + * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions]: Free online legal advice.<br> + <br> + =Eviction=<br> + <br> + * [http://www.caltenantlaw.com/Eviction.htm Eviction] advice from a free legal advice website.<br> + * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs.<br> + =Leases=<br> + <br> + * [http://www.caltenantlaw.com/breaklease.htm Breaking the Lease]<br> + * [http://chl.ucdavis.edu/forms.cfm Davis Model Lease]: The Davis Model is a standardized Landlord-Tenant lease agreement for rental property. You may use it to substitute the property company or landlord's lease.<br> + <br> + =Security Deposits=<br> + <br> + Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up.<br> + <br> + The law expressly prohibits any money paid to secure the tenant's performance under the lease from being non-refundable. Sometimes landlords try to circumvent that law by labeling the money under other name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in.<br> + <br> + If the landlord fails to return the security deposit, your remedy is to sue him or her in [http://www.yolocourts.com/smallclaims.html small claims court]. Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith.<br> + <br> + ''See also ["Security Deposit Survey"] and ["Housing Guide"].''<br> + <br> + =Late Fees=<br> + <br> + Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them.<br> + <br> + §1671. Validity of Liquidated Damages Provisions<br> + <br> + (a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the validity of a provision in the contract liquidating the damages for the breach of the contract.<br> + <br> + (b) Except as provided in subdivision (c), a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made.<br> + (c) The validity of a liquidated damages provision shall be determined under subdivision (d) and not under subdivision (b) where the liquidated damages are sought to be recovered from either:<br> + <br> + (1) A party to a contract for the retail purchase, or rental, by such party of personal property or services, primarily for the party's personal, family, or household purposes; or<br> + <br> + (2) A party to a lease of real property for use as a dwelling by the party or those dependent upon the party for support.<br> + <br> + (d) In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.<br> + <br> + =Legal Advice=<br> + * Taking your case to ["Small Claims Court"]?<br> + * For advice on filing a smalls claims court case, call Yolo County ["Small Claims Court"] advisor ["Natalie Wormeli"] at (530) 758-1927<br> + * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/org/assessor/ Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondance letters...etc.<br> + * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment.<br> + </span> </td> </tr> <tr> <td> Line 2: </td> <td> Line 54: </td> </tr> <tr> <td> <span>-</span> Th<span>is</span> is a proposal from ["Davis City Council"] candidate [http://www.friendsoflamar.org/ Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006. He wants anyone who has suggestions to offer them, or even add them to the bill -- this is supposed to be a fluid document. </td> <td> <span>+</span> Th<span>e following</span> is a proposal from ["Davis City Council"] candidate [http://www.friendsoflamar.org/ Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006. He wants anyone who has suggestions to offer them, or even add them to the bill -- this is supposed to be a fluid document. </td> </tr> <tr> <td> Line 4: </td> <td> Line 56: </td> </tr> <tr> <td> <span>- = =</span> </td> <td> </td> </tr> <tr> <td> Line 33: </td> <td> Line 84: </td> </tr> <tr> <td> <span>- <br> - -----<br> - <br> - ''not sure how to quite organize or put this page together but the issue of renter's rights seems to always be a hot topic.''<br> - <br> - ==General Information==<br> - <br> - * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs.<br> - <br> - ==Habitability and Repairs==<br> - <br> - * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions]: Free online legal advice.<br> - <br> - ==Eviction==<br> - <br> - * [http://www.caltenantlaw.com/Eviction.htm Eviction] advice from a free legal advice website.<br> - * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs.<br> - ==Leases==<br> - <br> - * [http://www.caltenantlaw.com/breaklease.htm Breaking the Lease]<br> - * [http://chl.ucdavis.edu/forms.cfm Davis Model Lease]: The Davis Model is a standardized Landlord-Tenant lease agreement for rental property. You may use it to substitute the property company or landlord's lease.<br> - <br> - ==Security Deposits==<br> - <br> - Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up.<br> - <br> - The law expressly prohibits any money paid to secure the tenant's performance under the lease from being non-refundable. Sometimes landlords try to circumvent that law by labeling the money under other name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in.<br> - <br> - If the landlord fails to return the security deposit, your remedy is to sue him or her in [http://www.yolocourts.com/smallclaims.html small claims court]. Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith.<br> - <br> - ==Late Fees==<br> - <br> - Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them.<br> - <br> - §1671. Validity of Liquidated Damages Provisions<br> - <br> - (a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the validity of a provision in the contract liquidating the damages for the breach of the contract.<br> - <br> - (b) Except as provided in subdivision (c), a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made.<br> - (c) The validity of a liquidated damages provision shall be determined under subdivision (d) and not under subdivision (b) where the liquidated damages are sought to be recovered from either:<br> - <br> - (1) A party to a contract for the retail purchase, or rental, by such party of personal property or services, primarily for the party's personal, family, or household purposes; or<br> - <br> - (2) A party to a lease of real property for use as a dwelling by the party or those dependent upon the party for support.<br> - <br> - (d) In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.<br> - <br> - ==Legal Advice==<br> - * Taking your case to ["Small Claims Court"]?<br> - * For advice on filing a smalls claims court case, call Yolo County ["Small Claims Court"] advisor ["Natalie Wormeli"] at (530) 758-1927<br> - * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/org/assessor/ Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondance letters...etc.<br> - * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment.</span> </td> <td> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-08-17 13:27:49JamesSchwab <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 81: </td> <td> Line 81: </td> </tr> <tr> <td> <span>- <br> - * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 758-1927</span> </td> <td> <span>+ * Taking your case to ["Small Claims Court"]?<br> + * For advice on filing a smalls claims court case, call Yolo County ["Small Claims Court"] advisor ["Natalie Wormeli"] at (530) 758-1927<br> + * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/org/assessor/ Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondance letters...etc.</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-08-16 18:48:43JamesSchwabnow its correct <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 82: </td> <td> Line 82: </td> </tr> <tr> <td> <span>-</span> * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 759<span>-8</span>27<span>0</span> </td> <td> <span>+</span> * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 75<span>8-1</span>927 </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-08-16 18:22:33JamesSchwab <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 82: </td> <td> Line 82: </td> </tr> <tr> <td> <span>-</span> * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 75<span>6</span>-<span>19</span>0<span>0</span> </td> <td> <span>+</span> * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 75<span>9</span>-<span>827</span>0 </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-06-05 14:58:11JustinCumminsbad character removal <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 16: </td> <td> Line 16: </td> </tr> <tr> <td> <span>- <br> - The rental property owners or his/her agent(s) shall post for tenants’ public viewing or otherwise make available to all tenants paper-based copies of “California Tenants - A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities.”</span> </td> <td> </td> </tr> <tr> <td> Line 19: </td> <td> Line 17: </td> </tr> <tr> <td> - '''FREEDOM OF SPEECH.''' The rental property owner and/or his/her agent(s) shall not prohibit a tenant from posting or displaying <span>— </span>in the window or on the door of the premises leased by the tenant in a multifamily dwelling, or from the yard, window, door, balcony, or outside wall of the premises leased by a tenant of a single-family dwelling <span>— </span>noncommercial signs, posters, flags, or banners, unless the posting or display would violate a local, state or federal law. </td> <td> <span>+ The rental property owners or his/her agent(s) shall post for tenants' public viewing or otherwise make available to all tenants paper</span>-<span>based copies of California Tenants - A Guide to Residential Tenants and Landlords Rights and Responsibilities.<br> + <br> +</span> '''FREEDOM OF SPEECH.''' The rental property owner and/or his/her agent(s) shall not prohibit a tenant from posting or displaying in the window or on the door of the premises leased by the tenant in a multifamily dwelling, or from the yard, window, door, balcony, or outside wall of the premises leased by a tenant of a single-family dwelling noncommercial signs, posters, flags, or banners, unless the posting or display would violate a local, state or federal law. </td> </tr> <tr> <td> Line 25: </td> <td> Line 25: </td> </tr> <tr> <td> <span>-</span> '''TIMELY RETURN OF SECURITY DEPOSIT WITH INTEREST.''' A tenant shall be entitled to the return of any security deposit that may have been collected by the rental property owner and/or his/her agent(s), plus interest in the amount of five (5) percent per annum, and a good faith accounting of any charges against that deposit within 21 days after the rental residence has been vacated. The bad-faith retention of the security deposit may subject the rental property owner to liability, per California Civil Code 1950.5, for the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit, as a <span>“bad faith”</span> penalty, in addition to any actual damages. </td> <td> <span>+</span> '''TIMELY RETURN OF SECURITY DEPOSIT WITH INTEREST.''' A tenant shall be entitled to the return of any security deposit that may have been collected by the rental property owner and/or his/her agent(s), plus interest in the amount of five (5) percent per annum, and a good faith accounting of any charges against that deposit within 21 days after the rental residence has been vacated. The bad-faith retention of the security deposit may subject the rental property owner to liability, per California Civil Code 1950.5, for the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit, as a <span>bad faith</span> penalty, in addition to any actual damages. </td> </tr> <tr> <td> Line 29: </td> <td> Line 29: </td> </tr> <tr> <td> <span>-</span> '''TAXES, BONDS AND OTHER ASSESSMENTS.''' The rental property owner shall inform tenants in writing of any parcel taxes, bonds and any other assessments imposed on the rental property or its residents by government jurisdictions, even though tenants are not directly liable for payment.<span>&nbsp;</span> </td> <td> <span>+</span> '''TAXES, BONDS AND OTHER ASSESSMENTS.''' The rental property owner shall inform tenants in writing of any parcel taxes, bonds and any other assessments imposed on the rental property or its residents by government jurisdictions, even though tenants are not directly liable for payment. </td> </tr> <tr> <td> Line 51: </td> <td> Line 51: </td> </tr> <tr> <td> <span>- </span> </td> <td> <span>+ </span> </td> </tr> <tr> <td> Line 57: </td> <td> Line 57: </td> </tr> <tr> <td> <span>-</span> Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an<span><br> -</span> unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days<span><br> -</span> after you leave the unit, the landlord must refund your full deposit, except for limited deductions<span><br> -</span> which must be itemized in a accompanying notice. The landlord may only deduct from your security<span><br> -</span> deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair<span><br> -</span> damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. </td> <td> <span>+</span> Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. </td> </tr> <tr> <td> Line 66: </td> <td> Line 61: </td> </tr> <tr> <td> <span>-</span> If the landlord fails to return the security deposit, your remedy is to sue him or her in [http://www.yolocourts.com/smallclaims.html small claims court].<span><br> -</span> Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith.<span>&nbsp;</span> </td> <td> <span>+</span> If the landlord fails to return the security deposit, your remedy is to sue him or her in [http://www.yolocourts.com/smallclaims.html small claims court]. Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith. </td> </tr> <tr> <td> Line 71: </td> <td> Line 65: </td> </tr> <tr> <td> <span>-</span> Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them.<span>&nbsp;</span> </td> <td> <span>+</span> Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-04-06 22:20:34PhilipNeustromused * to make bullets -- minor <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 8: </td> <td> Line 8: </td> </tr> <tr> <td> <span>- • The right to be treated fairly and equitably when applying for, living in, and vacating a rental residence;</span> </td> <td> </td> </tr> <tr> <td> Line 10: </td> <td> Line 9: </td> </tr> <tr> <td> <span>- • The right to be given notice prior to any entrance into a rental residence by a rental property owner or manager, except in an emergency;</span> </td> <td> <span>+ * The right to be treated fairly and equitably when applying for, living in, and vacating a rental residence;</span> </td> </tr> <tr> <td> Line 12: </td> <td> Line 11: </td> </tr> <tr> <td> <span>- • The right, upon written request to the rental property owner or manager, to a prompt response to requests for repairs;</span> </td> <td> <span>+ * The right to be given notice prior to any entrance into a rental residence by a rental property owner or manager, except in an emergency;</span> </td> </tr> <tr> <td> Line 14: </td> <td> Line 13: </td> </tr> <tr> <td> <span>- •</span> The right to a written notice from the rental property owner or manager prior to any rent adjustment; </td> <td> <span>+ * The right, upon written request to the rental property owner or manager, to a prompt response to requests for repairs;<br> + <br> + *</span> The right to a written notice from the rental property owner or manager prior to any rent adjustment; </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-04-06 21:06:30BrentLaabsSuggestions wanted for a Davis Renters rights bill by Heystek -- please add <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 1: </td> <td> Line 1: </td> </tr> <tr> <td> <span>-</span> = Proposed b<span>y </span>Davis City Council candidate <span>[</span>[http://www.friendsoflamar.org/<span>]</span> Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006<span>: =</span> </td> <td> <span>+</span> = Proposed <span>Tenant Rights </span>b<span>ill by Heystek =<br> + This is a proposal from ["</span>Davis City Council<span>"]</span> candidate [http://www.friendsoflamar.org/ Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006<span>. He wants anyone who has suggestions to offer them, or even add them to the bill -- this is supposed to be a fluid document.</span> </td> </tr> <tr> <td> Line 3: </td> <td> Line 4: </td> </tr> <tr> <td> <span>- </span> </td> <td> <span>+ = =</span> </td> </tr> <tr> <td> Line 87: </td> <td> Line 88: </td> </tr> <tr> <td> <span>-</span> * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof<span>f</span> of enrollment. </td> <td> <span>+</span> * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-04-06 13:51:21LamarHeystek <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 1: </td> <td> Line 1: </td> </tr> <tr> <td> </td> <td> <span>+ = Proposed by Davis City Council candidate [[http://www.friendsoflamar.org/] Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006: =<br> + <br> + <br> + The City Council of the City of Davis hereby ordains the following:<br> + <br> + '''BASIC RIGHTS.''' The City of Davis shall protect and defend the rights of renters as provided by local, state and federal law. These rights include, but are not limited to, the following:<br> + • The right to be treated fairly and equitably when applying for, living in, and vacating a rental residence;<br> + <br> + • The right to be given notice prior to any entrance into a rental residence by a rental property owner or manager, except in an emergency;<br> + <br> + • The right, upon written request to the rental property owner or manager, to a prompt response to requests for repairs;<br> + <br> + • The right to a written notice from the rental property owner or manager prior to any rent adjustment;<br> + <br> + The rental property owners or his/her agent(s) shall post for tenants’ public viewing or otherwise make available to all tenants paper-based copies of “California Tenants - A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities.”<br> + <br> + '''FREEDOM OF SPEECH.''' The rental property owner and/or his/her agent(s) shall not prohibit a tenant from posting or displaying — in the window or on the door of the premises leased by the tenant in a multifamily dwelling, or from the yard, window, door, balcony, or outside wall of the premises leased by a tenant of a single-family dwelling — noncommercial signs, posters, flags, or banners, unless the posting or display would violate a local, state or federal law.<br> + <br> + '''CODE COMPLIANCE.''' Rental property owners and/or their agent(s) shall post for public viewing or otherwise make available to all tenants the Web address for accessing the City of Davis Municipal Code, information on reporting a code compliance violation, and information on initiating an investigation thereof.<br> + <br> + The City of Davis shall, within one (1) year of adoption of this ordinance, assess existing code compliance measures and determine whether additional resources should be allocated for the purposes of code compliance.<br> + <br> + '''TIMELY RETURN OF SECURITY DEPOSIT WITH INTEREST.''' A tenant shall be entitled to the return of any security deposit that may have been collected by the rental property owner and/or his/her agent(s), plus interest in the amount of five (5) percent per annum, and a good faith accounting of any charges against that deposit within 21 days after the rental residence has been vacated. The bad-faith retention of the security deposit may subject the rental property owner to liability, per California Civil Code 1950.5, for the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit, as a “bad faith” penalty, in addition to any actual damages.<br> + <br> + '''LEASE RENEWAL PERIOD.''' The rental property owner is not required to renew an existing lease at the end of the term. After furnishing the renter with the terms of the new lease, the owner and or his/her agent(s) may request the renter to sign an Option to Lease at any time. The owner or his/her agent(s) may not, however, require the renter to sign a renewal lease prior to one hundred (100) days before commencement of the lease.<br> + <br> + '''TAXES, BONDS AND OTHER ASSESSMENTS.''' The rental property owner shall inform tenants in writing of any parcel taxes, bonds and any other assessments imposed on the rental property or its residents by government jurisdictions, even though tenants are not directly liable for payment. <br> + <br> + '''PERIODIC REVIEW OF RIGHTS.''' The City of Davis shall direct the City-UCD Student Liaison Commission to review the aforementioned rights on a yearly basis, proposing appropriate additions and other changes as necessary.<br> + <br> + <br> + -----<br> + </span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-03-16 16:16:34PhilipNeustromminor <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 1: </td> <td> Line 1: </td> </tr> <tr> <td> <span>-</span> ''<span>'N</span>not sure how to quite organize or put this page together but the issue of renter's rights seems to always be a hot topic.''<span>'</span> </td> <td> <span>+</span> ''not sure how to quite organize or put this page together but the issue of renter's rights seems to always be a hot topic.'' </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-03-16 13:55:16ArlenAbrahamwormeli on the wiki <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 53: </td> <td> Line 53: </td> </tr> <tr> <td> <span>-</span> * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor Natalie Wormeli at (530) 756-1900 </td> <td> <span>+</span> * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor <span>["</span>Natalie Wormeli<span>"]</span> at (530) 756-1900 </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-03-16 10:04:40JamesSchwab <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 5: </td> <td> Line 5: </td> </tr> <tr> <td> <span>-</span> * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities] </td> <td> <span>+</span> * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]<span>: A handbook from the California Department of Consumer Affairs.</span> </td> </tr> <tr> <td> Line 9: </td> <td> Line 9: </td> </tr> <tr> <td> <span>-</span> * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions] </td> <td> <span>+</span> * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions]<span>: Free online legal advice.</span> </td> </tr> <tr> <td> Line 14: </td> <td> Line 14: </td> </tr> <tr> <td> <span>-</span> * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from te<span>h</span> California Department of Consumer Affairs. </td> <td> <span>+</span> * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from t<span>h</span>e California Department of Consumer Affairs. </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-03-16 10:01:43JamesSchwab <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 2: </td> <td> Line 2: </td> </tr> <tr> <td> </td> <td> <span>+ <br> + ==General Information==<br> + <br> + * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]<br> + <br> + ==Habitability and Repairs==<br> + <br> + * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions]<br> + <br> + ==Eviction==<br> + <br> + * [http://www.caltenantlaw.com/Eviction.htm Eviction] advice from a free legal advice website.<br> + * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from teh California Department of Consumer Affairs.<br> + ==Leases==<br> + <br> + * [http://www.caltenantlaw.com/breaklease.htm Breaking the Lease]<br> + * [http://chl.ucdavis.edu/forms.cfm Davis Model Lease]: The Davis Model is a standardized Landlord-Tenant lease agreement for rental property. You may use it to substitute the property company or landlord's lease.</span> </td> </tr> <tr> <td> Line 14: </td> <td> Line 31: </td> </tr> <tr> <td> <span>-</span> If the landlord fails to return the security deposit, your remedy is to sue him or her in small claims court. </td> <td> <span>+</span> If the landlord fails to return the security deposit, your remedy is to sue him or her in <span>[http://www.yolocourts.com/smallclaims.html </span>small claims court<span>]</span>. </td> </tr> <tr> <td> Line 17: </td> <td> Line 34: </td> </tr> <tr> <td> </td> <td> <span>+ ==Late Fees==<br> + <br> + Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them. <br> + <br> + §1671. Validity of Liquidated Damages Provisions<br> + <br> + (a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the validity of a provision in the contract liquidating the damages for the breach of the contract.<br> + <br> + (b) Except as provided in subdivision (c), a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made.<br> + (c) The validity of a liquidated damages provision shall be determined under subdivision (d) and not under subdivision (b) where the liquidated damages are sought to be recovered from either:<br> + <br> + (1) A party to a contract for the retail purchase, or rental, by such party of personal property or services, primarily for the party's personal, family, or household purposes; or<br> + <br> + (2) A party to a lease of real property for use as a dwelling by the party or those dependent upon the party for support.<br> + <br> + (d) In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.<br> + <br> + ==Legal Advice==<br> + <br> + * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor Natalie Wormeli at (530) 756-1900<br> + * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for prooff of enrollment.</span> </td> </tr> </table> </div> Tenant Rightshttp://daviswiki.org/Tenant_Rights2006-03-13 20:00:03JamesSchwab <div id="content" class="wikipage content"> Differences for Tenant Rights<p><strong></strong></p><table> <tr> <td> <span> Deletions are marked with - . </span> </td> <td> <span> Additions are marked with +. </span> </td> </tr> <tr> <td> Line 1: </td> <td> Line 1: </td> </tr> <tr> <td> </td> <td> <span>+ '''Nnot sure how to quite organize or put this page together but the issue of renter's rights seems to always be a hot topic.'''<br> + <br> + ==Security Deposits==<br> + <br> + Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an<br> + unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days<br> + after you leave the unit, the landlord must refund your full deposit, except for limited deductions<br> + which must be itemized in a accompanying notice. The landlord may only deduct from your security<br> + deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair<br> + damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up.<br> + <br> + The law expressly prohibits any money paid to secure the tenant's performance under the lease from being non-refundable. Sometimes landlords try to circumvent that law by labeling the money under other name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in.<br> + <br> + If the landlord fails to return the security deposit, your remedy is to sue him or her in small claims court.<br> + Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith. <br> + <br> + [[Comments]]</span> </td> </tr> </table> </div>