Frequently Asked Questions: Tenants
How much notice is a tenant required to provide?
Are tenants on a month-to-month agreement entitled to a notice before their rent is increased?
What are a tenant’s rights to privacy from the landlord?
What should I do if I need repairs done to my rental unit?
How long after moving out will I receive my Security Deposit?
What can be charged to a Security Deposit?
Do tenants have to pay rent after they have recieved a notice to terminate tenancy?
How much notice is a tenant required to provide?
Tenants should always protect themselves by giving both verbal and written notice that they are terminating their tenancy. The tenant should also keep a dated copy of the notice for personal records. If the tenant is on a month-to-month rental agreement, they can always give more than a 30-day notice; however have to give at least a 30-day notice before moving out. Tenants are still required to pay rent after giving or receiving a notice. For more information read: Eviction.
Are tenants on a month-to-month agreement entitled to a notice before their rent is increased?
In accordance with Civil Code 827, the lenght of noitce for a rent increase is determined by the size of the increase (%) from one year before notice. If the total of all rent increases over the past year is equal to or less than 10% of the lowest rent during that period, the tenant is entitled to at least a 30-day notice. If the increase is more than 10% of the lowest rent during that period, the tenant is entitled to at least a 60-day notice. For more information read: Rent Increases.
What are a tenant’s rights to privacy from the landlord?
Landlords cannot invite themselves to their tenant's units unannounced. A tenant’s right to privacy cannot be waived or modified within any rental agreement. Tenants are entitled to at least a 24-hour written notice before a landlord can enter the premises for a legitimate reason, which includes entering a property to assess needed repairs, make repairs, inspect the property, show the property to prospective tenants/purchasers, and for the preliminary move out inspection. A landlord can enter a unit without 24-hour notice if there is an emergency that threatens injury or property damage if not corrected immediately. The tenant also has the right to be present whenever a landlord enters their unit, even when the property is being shown to prospective tenants/purchasers. For more information read: Right to Entry.
What should I do if I need repairs done to my rental unit?
If a tenant needs repairs done to their unit they should inform the manager or owner of the problem in verbally and in writing. The tenants should keep a copy of the written version for their own records. If the repair is posing a serious threat or habitability issue, urgency should be emphasized when communicating with the manager or landlord. If the urgent repair has not been address, please contact our agency immediately or the Napa Building Department. For more information read: Habitability.
How long after moving out will I receive my Security Deposit?
California Civil Code provides a landlord with 21-day period after move out before they are required to return a security deposit. However, at the end of the 21-day period, the landlords are required to provide the tenant with a record of how their full security deposit was. The landlord has an obligation to provide the tenant with an itemized list of expenses for repairs, receipts for work done, and a check/bill for the remain money (if any is left). For more information read: Security Deposits.
What can be charged to a Security Deposit?
In tenancies that have started after January 1, 2003, tenants are required to return the unit to the same level of cleanliness it was in at the beginning of the tenancy in order to have their Security Deposit returned. The most effective way to prove this is to keep a photo record of the condition of the unit after moving in, and how the unit was left after cleaning. If your tenancy began before January 1, 2003, you should still clean and document the cleaning of the unit.
Regardless of when the tenancy began, a landlord can charge a tenant to:
1.
Cover default rent payments
2.
Repair damages caused by the tenant
3.
Clean the premises, if necessary
4.
Pay for tenant’s failure to restore/replace personal property, if stipulated in the rental agreement.
Do tenants have to pay rent after they have recieved a notice to terminate tenancy?
Yes. A tenant is required to comply with their rental agreement for the length of the tenancy. If the tenant fails to pay with 30 days left, the landlord could serve the tenant with a pay or quit notice and evict the tenant in court before the 30 days have elapsed because the landlord would have a 'good cause' reason. If a tenant recieves a "3 Day Pay of Quit Notice" the tenant should pay the owed amount within the 3 day period to avoid eviction.
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