DISCLAIMERYou agree, by participating in this webinar, that the information presented does not constitute

legal advice and is being presented for informational purposes only. You agree that no

attorney-client relationship is established or assumed by participating in this webinar and that the information or suggestions presented in this broad overview may not apply to your specific

circumstances.

LEASE

DRAFTING• Standard Forms

• Create Your Own

LEASE

DRAFTING• Identify the Key Terms

• Occupants and Limits• Rent Amount and Deposits• Duration• Notices (Entry, Termination)• Pets

• Decide on “House Rules”• Addendum

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TERMINATING• Automatic Terminations

• 30/60 Day Notices

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RENEWING• Automatic Month-to-Month

• Notice Requirement

• Executing New Leases

LEASE DISPUTES &

REMEDIES• 3-day Notices

• Negotiations and Buyouts

• Unlawful Detainer Actions

DEFINITION OF

HABITABILITY• Court Definition

• Green v. Superior Court (1974)

• Vagueness• Minimum Requirements• Court Interpretation, If Condition Is

Substantially Lacking• Cal. Civil Code Section 1941.1

DEFINITION OF

HABITABILITY• Habitable vs. Non-Habitable

• Landlord has Duty of • IMPLIED WARRANTY OF HABITABILITY

-Green v. Superior Court

• Building Codes and State Statutes • Includes: heat, water, plumbing, electrical,

dead bolt lock entry doors, etc.

-(Cal Civ. Code 1941.1)

SPECIFIC

VIOLATIONS• Examples (NECESSITIES)

• Broken water heater• Hole in roof• Broken heater

• Examples (AMENITIES) • Broken washer/dryer• Broken AC• Other aesthetic conditions

RESPONSIBILITY OF

LANDLORDSRepairs in REASONABLE TIME

1. Tenant Notifies Landlord

2. Repair Time Depends on TYPE of Violation• Typically 30 days, some violations prompt

quicker attention• Water heater (1-3 days more reasonable)• Broken locks (24 hours reasonable)• Broken heater in the winter

3. Comply with Statues & Codes

RESPONSIBILITY OF

TENANTSTenant Responsibility for REASONABLE CARE

• Duty to Repair on Landlord, but Tenant must:

1. Keep unit clean and sanitary2. Dispose of garbage appropriately3. Appropriate gas, electrical, plumbing use4. No destruction, damaging, or removal of any

part of the unit5. Use the premises only for intended purpose

AVAILABLE DISPUTE

REMEDIES• Repair & Deduct Remedy

• After Neglect By Landlord, Tenant Can Use Rent to Make Repairs

• Available Twice per any 12-month period

• Specific Notice Requirements

• See Article in Resource Library

AVAILABLE DISPUTE

REMEDIES• Withholding Rent

• Violations More Severe Than Repair and Deduct

• Threat to Tenant’s Health or Safety

• Risky: Usually End Up in Court, Complex Calculations

AVAILABLE DISPUTE

REMEDIES• Abandonment

• If Successful, Not Responsible For Future Rent

• Seriously and Directly Affect Tenant’s Health and Safety

• Similar Requirements to Repair and Deduct Remedy

• Notice, Reasonable amount of time, etc.

RULES FOR

UPFRONT DEPOSITS• Must be Refundable

• Deposit Maximums

• Separate Application Screening Fee and Tenant Processing Fee Allowed

RULES FOR

UPFRONT DEPOSITS• Must be Refundable

• Deposit Maximums

• Separate Application Screening Fee and Tenant Processing Fee Allowed

ALLOWABLE USES FOR

DEPOSITS• Unpaid Rent

• Cleaning of Unit

• Repair of Damages Beyond Normal Wear and Tear

• If Permitted – Restoring Furniture or Other Personal Property

REQUIREMENTS FOR

RETURNING DEPOSITSItemized Statement of Deductions

• Must Include Receipts for Anything Over $125 Unless Waived

• If Work Completed by Landlord or Landlord’s Employee, Must Included Itemized Statements

• Good Faith Estimate for Work Not Yet Completed

DEPOSIT

DISPUTES• Process

• Informal Resolution

• Mediation

• Small Claims Court

DEPOSIT

DISPUTES• Damages

• Actual Damages

• Bad Faith Penalty – Two Times the Deposit

• Potentially Attorney Fees