frequently asked questions, important terms & resources
Frequently Asked Questions
Can a landlord increase charges for utility services?
Yes, by an annual percentage of 1% each of gas and/or electric service when the service is paid for by the landlord. This increase does not apply to hot water or gas used in a common boiler (that cost may not be passed to the tenant).
Can a security deposit or the last month's rent be increased?
Yes, only by the annual allowable percentage and at the same time that percentage is applied. A new landlord cannot ask for an additional security deposit.
Can a security deposit be used for a last month's rent?
No, if the last month's rent has not specifically been paid at move in, the tenant must pay the full last month's rent.
Can the landlord reduce the amount of services while maintaining the same rent?
No, if the service is reduced or removed, there must be corresponding reduction in rent.
When is rent considered late?
Rent is due on the day specified by the landlord. There is no grace period, unless specifically noted in the lease or rental agreement.
Can a late fee be charged if a tenant is late with rent?
Yes, if the late fee amount was part of the original lease or rental agreement.
Is a replacement roommate considered an additional tenant?
No, however the landlord has the right to approve the new tenant.
May a tenant be evicted for violation of the lease or rental agreement?
The landlord is required to give the tenant a three day notice to cure or quit. However, violation of a lease or rental agreement is one of eleven legal reasons for eviction.
Can a tenant be evicted for keeping a pet when the lease/rental agreement forbids pets?
Yes, as it is specifically forbidden in the lease or rental agreement.
What can the landlord do when a tenant is being noisy and other tenants are complaining?
Police may be called to a tenant's unit to dispel the problem and, if the nuisance persists, the landlord has the right to evict the tenant.
Can a tenant be evicted if the unit is overcrowded?
Yes, if the landlord did not have previous knowledge of the overcrowding.
Is a tenant entitled to a notice before the landlord may enter the unit?
Generally, a twenty four hour notice is required. Only in cases of emergency may this be waived.
Does the landlord need the tenant's permission to do a major improvement to the unit?
No, however the landlord is required to give the tenant a 24- hour notice that the landlord intends to enter the unit to make improvements. The tenant may be evicted if they do not grant access when proper notification has been given.
Important Terms
Arbitrator: A neutral third person, agreed to by the parties in a dispute, who hears and decides the dispute. An arbitrator is not a judge, but the parties must follow the arbitrator's binding decision.
Assign/Assignment: An agreement between the original tenant and a new tenant by which the new tenant takes over the lease or rental agreement of a unit and becomes responsible to the landlord for everything which the original tenant was responsible. (The original tenant is still responsible to the landlord if the new tenant does not meet the expectations of the lease or rental agreement.)
Credit Report: Report prepared by a credit reporting service that describes the last seven years of a person's credit history. A credit report shows, for example, the amount(s) a person currently owes on their credit cards, whether the person pays their bills in a timely manner, has been sued and is subject to court judgments.
Eviction: A court- administered proceeding for removing a tenant from a rental unit because the tenant violated the lease or rental agreement or did not comply with a notice ending the tenancy (also called an unlawful detained lawsuit). Landlords are required to give a three day notice to the tenant specifying the need to comply with the lease or rental agreement or risk being evicted.
Holding Deposit: A deposit that the tenant gives to a landlord to hold a rental unit until the tenant pays the first month's rent and the security deposit.
Landlord: A business or person who owns a rental unit, and who rents or leases the rental unit to another person, called a tenant.
Lease: A rental agreement, in writing, that establishes all terms of the agreement and that lasts for a predetermined length of time.
Negligence: A person's carelessness and failure to use ordinary or reasonable care that result in injury to another person or damage to another person's property.
Rental Agreement: An oral or written agreement between a tenant and a landlord, made before the tenant moves in, which establishes the terms of the tenancy such as the amount of the rent and when it is due.
Rental Application Form: A form used by the landlord to ask a potential tenant information regarding contact information, employment history, credit references, etc.
Rental Period: Length of time between rental payments.
Rental Unit: An apartment, house, duplex, or condominium that a landlord rents to a tenant.
Renter's Insurance: Insurance protecting the tenant against property losses, such as losses from theft or fire. This insurance may also protect the tenant against liability for claims or lawsuits filed by the landlord or by others alleging that the tenant negligently injured another person or property.
Security Deposit: A deposit or a fee that the landlord requires the tenant to pay at the beginning of tenancy to protect the landlord, for example, if the tenant moves out owing rent, or leaves the unit damaged or less clean from when the tenant moved in.
Sublease: Separate rental agreement between the original tenant and a new tenant whom the original tenant rents all or part of the unit. (The new tenant is called a subtenant.) The lease or rental agreement between the original tenant and landlord remains, and the original tenant continues to be responsible for paying rent and all other tenant obligations.
Tenancy: The tenant's exclusive right, created by a lease or rental agreement between the landlord and tenant, to use and possess the landlord's rental unit.
Tenant: A person who rents or leases a rental unit from a landlord. The tenant obtains the right to the exclusive use and possession of the unit during the lease or rental period.
Resources
Utilities
Allied Waste Services: www.alliedwasteservicesofcontracostacounty.com; 925-603-1144
AT&T: www.att.com; 1-800-288-2020
Comcast: www.comcast.com; 1-800-266-2278
East Bay Municipal Utility District (EBMUD): www.ebmud.com; 1-866-403-2683
Pacific Gas & Electric Company (PG&E): www.pge.com; 1-800-743-5000
Valley Waste Management: www.wm.com; 925-935-8900
Safety
Saint Mary's College of California Public Safety: 925-631-4282
Contra Costa County Sheriffs Department: 925-646-2441
John Muir Health Center: www.johnmuirhealth.com; 925-939-3000
Kaiser Permanente: 925-295-5180
Lafayette Police Department: 925-283-3680
Moraga Police Department: 925-284-5010
Moraga-Orinda Fire District: 925-258-4599
Orinda Police Department: 925-254-6820
Services
Bay Area Rapid Transit: www.bart.gov; 925-676-2278
City of Lafayette: www.ci.lafayette.ca.us; 925-284-1968
City of Orinda: www.ci.orinda.ca.us; 925-253-4200
The County Connection (bus system): www.cccta.org; 925-676-7500
Diablo Taxi: 925-686-4200
Town of Moraga: www.ci.moraga.ca.us; 925-376-2590
United States Postal Service (Moraga Branch): 1-800-275-8787
Yellow Cab Company: 925-284-1234
Works Cited/Credit:
Loyola Marymount University: "Off Campus Housing"
lmu.edu/PageFactory.aspx?PageID=2683
Retrieved 2007, January 10.
Santa Clara University: "Guide to Living Off Campus" www.scu.edu/studentlife/housing/Guide-to-living-off-campus/index.cfm
Retrieved 2007, January 10.
State of California Department of Consumer Affairs Web Site:
www.dca.ca.gov/r_R/lanldtoc.htm
Town of Moraga Web Site:
www.ci.moraga.ca.us
University of San Francisco: "Off Campus Living"
usfca.edu/residence_life/offcampus/index.html
Retrieved 2007, January 10.
