Share

The most comprehensive -- and easiest to use -- guide to California residential property management available.

Every California landlord and residential property manager needs The California Landlord's Law Book: Rights & Responsibilities. The definitive guide for over 15 years, it clearly and comprehensively covers everything you need to know about:

security deposits

leases and rental agreements

inspections

habitability

liability

lead paint

discrimination

rent control

satellite dishes

and more

The book provides you with all the forms you need as tear-outs and on CD-ROM, including rental applications; leases and rental agreements; 3-, 30-, 60- and 90-day notices -- and much more.

The 12th edition includes new rules on tenancy terminations, and best practices when using Megan’s Law database. Forms from CD-ROM are avaialble as TEAR-OUT under the APPENDIX B of the ebook
*The CD-ROM is not included with the digital version of this book.

Janet Portman

David Brown

David Brown

Ralph Warner

Renting Your Property: How to Choose Tenants and Avoid Legal Pitfalls

Introduction

All landlords typically follow the same process when renting property. We recognize that a landlord with 40 (or 400) units has different business challenges than a person with an in-law cottage in the backyard or a duplex around the corner. Still, the basic process of filling rentals remains the same:

Decide the terms of your rental, including rent, deposits, and the length of the tenancy.

Advertise your property.

Accept applications.

Screen potential tenants.

Choose someone to rent your property.

In this chapter, we examine the practical and legal aspects of each of these steps, with an eye to avoiding several common legal problems. Because the topic of discrimination is so important we devote a whole chapter to it later in the book (Chapter 9), including advice on how to avoid discrimination in your tenant selection process.

A. Adopt a Rental Plan and Stick To It

Before you advertise your property for rent, you'll want to make some basic decisions, which will form the backbone of your lease or rental agreement -- how much rent to charge, when it is payable, whether to offer a fixed-term lease or a month-to-month tenancy, and how much of a security deposit to require. You'll also need to decide the responsibilities of a manager (if any) in renting out your property.

If you haven't made these important decisions, the details you need are in Chapters 2, 3, 5 and 6.

In renting residential property, be consistent when dealing with prospective tenants. The reason for this is simple: If you don't treat all tenants more or less equally -- for example, if you arbitrarily set tougher standards for renting to a racial minority -- you are violating federal laws and opening yourself up to lawsuits.

Of course, there will be times when you will want to bargain a little with a prospective tenant -- for example, you may let a tenant have a cat in exchange for paying a higher security deposit (as long as it doesn't exceed the legal limits set by law). As a general rule, however, you're better off figuring out your rental plan in advance and sticking to it.

 

The most comprehensive -- and easiest to use -- guide to California residential property management available.

Every California landlord and residential property manager needs The California Landlord's Law Book: Rights & Responsibilities.

"Exactly what it purports to be, but unblighted by unnecessary legal jargon…an up-to-date book such as this is as necessary as a rent receipt book or a good repair person."

 

"Before putting a For Rent sign out... consult The California Landlord's Law Book: Rights & Responsibilities, an excellent reference book published by Nolo."

 

"Recommended by the state Department of Consumer Affairs."

 

David Brown practices law in the Monterey, California area, where he has represented both landlords and tenants in hundreds of court cases -- most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law. Brown, a graduate of Stanford University (chemistry) and the University of Santa Clara Law School, also teaches law at the Monterey College of Law and is the author of Fight Your Ticket (CA version), Beat Your Ticket (the national version), The Landlord’s Law Book, Vol. 1: Rights and Responsibilities; The Landlord’s Law Book, Vol. 2: Evictions and co-author of How to Change Your Name in California and The Guardianship Book for California.