Renting 101: Know your rights

Knowing basic tenant rights is a necessity for both renters and landlords. The Press-Banner has put together some information compiled from the California Department of Consumer Affairs so valley residents can know what to expect when renting a house or apartment.
Rent increases
For a lease of more than 30 days, rent cannot be increased during the term of the lease, unless the lease explicitly allows rent increases.
If there is an oral or written rental agreement that states the length of time between rent payments, but not the amount of time the agreement will be in effect, then the landlord must give proper advance notice of any increase in writing.
California law guarantees at least 30 days’ advance written notice of a rent increase for a month-to-month agreement.
Unlawful discrimination
Under California law, a landlord, managing agent, real estate broker or seller cannot discriminate against a person because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability.
Repairs
If a tenant believes that a rental unit needs repairs, he or she should notify the landlord. If the landlord refuses to fix what is necessary, there are some options:
The “repair and deduct” remedy allows a tenant to deduct money from the rent, up to the amount of one month’s rent, to pay for repair of defects in the rental unit. This covers conditions that affect a tenant’s health and safety and can include a leak in the roof during the rainy season, no hot running water or a gas leak. If defects are not serious enough to justify using the repair-and-deduct remedy, the landlord can sue the tenant to recover the money deducted from the rent or file an eviction notice.
The “abandonment” remedy allows a tenant to move out of a defective unit if there are conditions that affect a tenant’s health and safety that cost more than a month’s rent.
Moving out
A tenant must give the landlord the same amount of notice as there are days between rent payments, unless specified differently in the lease agreement.
Refunds of security deposits
This is the most common dispute between tenants and landlords. California law allows the landlord to use a tenant’s security deposit for four purposes:
**Unpaid rent
**Cleaning the rental unit to make it as clean as it was when the tenant first moved in
**Repair of damage, other than normal wear and tear, caused by the tenant or the tenant’s guests
**Restoring or replacing furniture, furnishings or other items of personal property, including keys
Termination
A landlord usually has to give a tenant 30 to 60 days notice when terminating a lease. But a landlord can give a three-day notice if a tenant has done any of the following:
**Failed to pay the rent
**Violated any provision of the lease or rental agreement
**Damaged the property
**Interfered with other tenants or “committed a nuisance”
**Committed domestic violence or sexual assault against another tenant
**Used the rental property for any unlawful purpose
**Engaged in drug dealing or cultivation
**Engaged in unlawful conduct involving weapons or ammunition
Eviction
If the tenant doesn’t voluntarily move out after the landlord gives the proper required notice to the tenant, the landlord can evict the tenant with an “unlawful detainer” lawsuit. If served with an unlawful-detainer complaint, renters should get legal advice or assistance immediately from tenant groups, tenant-landlord programs, housing clinics, legal aid groups or a private attorney.
At a glance
County tenant information and assistance resources:
**California Rural Legal Assistance, 21 Car St., in Watsonville, 724-2253 or www.crla.org
**Santa Cruz District Attorney’s Office, 701 Ocean St., Room 200, in Santa Cruz, [email protected]; consumer affairs: 454-2050; check recovery: 454-2233