With housing foreclosures still at historically high rates, many previous homeowners who have lost homes through foreclosures have been forced to enter the housing rental market as tenants. These previous homeowners have found that the monthly mortgage payments they have been forced to pay for so long just was not affordable. In addition to losing their homes, many have also lost their savings in trying to sustain their unaffordable monthly mortgage payments. Many previous homeowners are now tenants in the rental market. They have found that losing a home and being a renter is not all doom and gloom as previously thought. As a renter, previous homeowners still have a shelter over their head. The difference is that instead of being left with no savings at the end of the month, the previous homeowners who are now renters, are finding out that they are now able to afford rental payments (which are way below their previous mortgage payments) and still have some money left over for savings at the end of the month.
It might be of interest, therefore, for some of our readers to know the basic tenant rights when you are in the rental market.
Leases can be for a specific time period, generally for a year or so. Terms of such lease agreements cannot be changed unless agreed to by both parties. A lease can also be on a “month-to-month” basis. A month-to-month lease agreement continues indefinitely until you or the owner asks you to leave. If you pay a monthly rent, you must give the owner 30 days written notice that you are moving. An owner who wants to raise your rent must inform you in writing 30 days ahead of time if the increase is 10 percent or less, and 60 days ahead of time if the increase is more than10 percent. An owner who wants you to move must give you a written 30-day notice if you have lived in the rental property for one year or less; but if you have lived in the rental property for more than year, you must receive a 60-day notice to vacate.
Aside from the rent, you may possibly owe a number of fees and deposits. The owner, for example, can ask you to pay the last month’s rent before you move in. Then, if you give proper notice before moving out, you will not have to pay the rent during the last month. Likewise, a security deposit can be used for damage you caused on the property as a tenant. The owner is obligated to return your security deposit no later than three weeks after you move, or tell you in writing why you will not get it back. California law puts a limit on the total amount of deposits that can be required. The total cannot exceed the cost of two months rent for an unfurnished apartment or three months rent for a furnished place.
The owner has the right to expect you to follow the rules of your rental agreement, like for example: paying rent on time, keeping the apartment or house clean and avoiding nuisances like noisy parties or loud televisions which may bother other tenants. It should also be noted that although no one can refuse to rent to people with children, the owner can limit the number of people living in the apartment.
You as the tenant may rent your apartment to someone else unless you agreement states otherwise. This is called subleasing. If the agreement forbids subleasing, then you need to get the approval of the owner in writing to do so. If there is a subtenant and he causes damage or does not pay the rent, you will still be liable to the owner for the full amount.
Some communities have “rent control” laws that may give certain additional protections against rent increases or evictions. Such laws usually say when or how much rent can be raised; or, limit the grounds for an eviction.
As a tenant, you also have the right to a decent place to live. The law says that your rental place must be livable. If the place is not livable, through no fault of your own, you can move. You may not have to pay rent after you move, even though you still have a lease. You may also sue the landlord for any rent that you overpaid while living in untenantable conditions.
By law, for a place to be unlivable or “untenantable” the problem must be substantial and may include: a lack of waterproofing and weatherproofing (broken windows, for example); poor plumbing; insufficient hot and cold running water for bathing and cleaning; a lack of heat; electrical lighting that is not in good working order; unclean grounds and building; roaches and rodents; too few trash cans for your garbage; or, floors, stairs and railings that are in disrepair. Should any of these occur and the owner refuses to fix it then you can report the condition to the housing or building inspection department of the city or county. The government department may then call or give the owner a written notice to correct the problem.
It is also important for tenants to know that by law, an owner who wants you to move out cannot lock you out of your apartment or house. Neither can the owner remove your belongings or any doors or windows. Nor can the owner legally turn off the gas, electricity, heat or water. If any of these things happen, you can take the owner to court. If you win the case, the owner will have to pay for any damages.
On the other hand, if you lose, you will have to move out and you may have to pay the owner’s costs of going to court, including attorney fees and back due rent. If you move out but leave your belongings behind, the owner must give you 15 days (18 days if by mail) to retrieve them. If you fail to claim your things during that time, the landlord may treat them as abandoned property. If your possessions are worth less than $300 the landlord may keep them or throw them out. If they are worth more than $300, the landlord must have a public sale.
Tenants, as well as landlords, have rights and obligations. It runs both ways. The bottom line is you just need to know what your rights and obligations are whether you are a landlord or a tenant.
(DISCLAIMER: material presented above is intended for informational purposes only. It is not intended as professional advice and should not be construed as such. Rey Tancinco is a partner at Tancinco Law Offices, a professional corporation with offices in San Francisco, Vallejo, and Manila. The law office website is at: tancinco.weareph.com/old. Rey Tancinco can be contacted at (800) 999-9096 or (415) 397-0808 or via email at: attyrey@tancinco.com
