The landlord should always require a prospective resident to fill out a rental application and may collect a fee to cover the costs to screen an applicant. The landlord should offer an application to all interested applicants.

• Full name
• Phone number
• E-mail address
• Date of birth
• Photo ID/Type/Number
• Social Security Number of ITIN
• The name, address, and telephone number of current and past employer
• The name, address, and telephone number of current and past landlord
• The name, address, and telephone number of references
• Proposed occupants
• Animals/Pets
• Vehicles
• Bankruptcy/Evictions

• Are you married?
• How many kids do you have?
• Do you smoke?
• Will you need any accommodations?
• Where are you from?
• Do you have any felonies?

• Failure to pay rent
• Illegal activity
• Not upholding the terms of their lease
• Not upholding their responsibilities under California Civil Code
• Staying after lease expires (after given proper notice)
• Foreclosure of rental property

A landlord must meet many legal requirements before they can ask for a court order. The court order will give the landlord the ability to have tenant removed from the rental property. This is a summary of the eviction process:

• The landlord gives the tenant a written Notice to do something by a deadline. For example, a Notice might say to fix a problem or move out by a certain date. The deadlines can be three days or it can be months.  
• The landlord starts an eviction case in court. If the tenant doesn't do what the Notice says by the deadline, the landlord can file an unlawful detainer lawsuit. The landlord must have a copy of the court papers delivered to the tenant. 
• The tenant has 5 business days to file a response to the court. If tenant doesn't respond by the deadline, the landlord can file papers asking a judge to decide the case without their input. If the tenant does respond, either side can ask for a trial where a judge or jury will decide. 
• The judge makes a decision. If the landlord wins, they can ask the judge for papers that tell the sheriff to evict the tenants. The Deputy Sheriff will to out to the leased premises and post a "Writ of Possession" notice on the resident's door giving the tenant final five days in which to move. 

• If tenants are served with an unlawful detainer complaint, the complaint will show the court location and instructions on how file the response.
• Tenants have 5 business days from the date they were served to respond to the landlord's complaint and file their response to the court.
• After the response is filed by the tenant to the landlord's complaint and a Request for Setting is filed by the plaintiff, they will both be notified by mail of the time and place of the trail. 

• The court may enter a default judgment in favor of the landlord and issue a Writ of Possession after the 5th day if tenant fails to file their written response with the court.
• There is no trial if tenant does not file a written response to the unlawful detainer complaint.
• The default judgment allows the landlord to obtain possession of the property. 

Under Implied Warranty of Habitability all landlords need to make the premises habitable when they rent a unit, and to maintain it in that condition throughout the tenancy. The landlord must repair defects in the rental unit to follow the state and local building and health codes.

Unit must have:

• Plumbing in good working order
• Gas facilities in good working order
• Heating facilities in good working order
• An electric system, including lighting, wiring and equipment in good working order
• Clean and sanitary building, and grounds (free from rubbish, rodents, and vermin)
• Floors, stairways, and railing in good repair
• Operable dead bolts locks on main entry doors
• Working smoke and carbon monoxide detectors
• Windows in each room must open at least halfway unless a fan provides mechanical ventilation
• Adequate trash receptacles

Tenants are required by law to take reasonable care of their rental units, as well as common areas such as hallways and outside areas. Tenants must act to keep those areas clean and undamaged. Tenants also are responsible for repair of all damage that results from their neglect or abuse and damage caused by family, guests, or pets.

If a tenant believes the rental unit needs repairs, the tenant should notify the landlord. It’s best for the tenant to notify the landlord of damage or defects by both a telephone call and a letter. The tenant should describe the damage or repairs in both the phone call and the letter. The tenant should date the letter and keep a copy for own records.

Tenant’s responsibilities include:

• Keep the unit clean and sanitary
• Use and operate gas, electrical, and plumbing fixtures properly. Examples:
  • Overloading electrical outlets
  • Flushing large, foreign object down the toilet
  • Allowing any gas, electrical, or plumbing fixture to become filthy
• Dispose of trash and garbage in a clean and sanitary manner
• Not to destroy, damage, or ruin the unit, or allow anyone else to do so
• Not to remove any part of the structure, unit, equipment, or allow anyone else to do so
• Use the premises as a place to live and use the rooms for their intended purposes. For example: The bedroom must be used as a bedroom, and not as a kitchen.

Most landlords of the apartment complexes provide emergency phone numbers and maintenance request forms. If your landlord provides a repair request form, use it. If not, do your own or use Repair Request letter from TenantsTogether.org.

The landlord must give the tenant reasonable advance notice (at least 24 hours) in writing before entering the unit. However, advance written notice is not required under any of the following circumstances:

• To respond to an emergency
• The tenant and landlord agreed that the landlord will make repairs or supply services
• The tenant is present and consents to the entry.

The tenant needs to allow the landlord adequate time to respond. Some issues can take up to 30 days to resolved. Example:

1. The tenant calls landlord because the toilet is overflowing. Tenant has only one bath in the unit. In this situation landlord must fix it as soon as possible or within 24 hours.
2. Tenant comes home to a window broken and immediately notifies landlord. Landlord should board up the window immediately for tenant’s safety. But, it might take up to 30 days to order and replace a new window.
3. The tenant has a cockroach infestation in the unit. Landlord should schedule pest control treatments as soon as possible. Depending on the level of infestation, it might take several months to fix the issue.

If the landlord doesn’t make the requested repairs and doesn’t have a good reason for not doing so, the tenant may consider calling Code Enforcement and make a complaint or request an inspection.

Can the landlord retaliate if I call Code Enforcement?

The tenant many consider one of several remedies:

• Repairing the problem and deducting the cost from the rent
• Withholding the rent
• Moving out
• Paying rent and then suing the landlord for the difference between the rent you paid and the value of the defective premises.

WARNING: there are risks of using one of the remedies.

Each of the remedies has its own risks and requirements, so tenant should use them. He recommended to consult with a knowledgeable party or attorney in tenant-landlord law before making any decisions or taking some actions to avoid evictions or lawsuits.

A reasonable accommodation is a change in rules, policies, practices, or services which maybe necessary to enable a person with a disability an equal opportunity to use and enjoy the unit. Example of reasonable accommodation:

• Service or Companion animal
• Break Lease
• Change in rent due date
• Caretaker or live-in aid
• Parking spaces
• Transfers to different unit
• Extension of tenancy

A reasonable modification is a physical change of an existing structure that is necessary to give a person with a disability an equal opportunity to use and enjoy a unit. Example of reasonable modification:

• Ramp
• Grab bars
• Doorway widening
• Removing carpet
• Making leg room for wheelchair
• Lowering mailbox or peep hole
• Installing a visual alarm for someone with hearing impairment.

A disability is a physical or mental condition that limits a person's movements, senses, or activities.

Yes. A landlord may refuse a request if it is “unreasonable.” Accommodations are generally considered to be reasonable unless they would make an “unnecessary” financial burden on the landlord.

Yes. People with disabilities have the right to have a service, emotional, or companion animal in building with “no pet” policy.

No. Landlords are not permitted to charge additional deposit or pet rent for a service or companion animals.

Yes. A tenant is responsible to pay for reasonable modifications unless the rental unit is federally funded.

Yes. The landlord can require a license contractor and that the rental unit be put back to its original condition.

No. The tenant’s security deposit may not be increased due to a modification.

A tenant must simply request a change in their housing and explain the connection between the request and their disability. The request maybe made verbally or in writing, though in writing is recommended to document that request was made.

Usually yes. If the disability and/or disability-related need is not visible or obvious, a housing provider can request proof from a third party (a doctor’s note, etc.)

Housing providers are obligated to respond in a timely manner and must take part in a conversation.

No. An emotional support animal is not considered a pet. A tenant is advised to put a written request for it and landlord has to allow.

Tenant can request for a reasonable accommodation to change the due date for rent. Landlord must approve tenant’s request and change the due date for rent after receives SSI benefits.

The landlord is required to approve tenant’s request for installing the ramp. The landlord has a right to request a licensed contractor to complete the job. It is tenant’s responsibility to pay for the ramp.

Yes. AB 1482 took effect on January 1, 2020 and this law requires rent caps on many, but not all residential rental properties in California.

No. AB 1482 applies to most residential rental properties in California. The law doesn’t apply to most single-family homes and condominiums, housing built within the last 15 years, and properties subject to a stricter rent control ordinance.

Yes. City of Sacramento adopted the Sacramento Tenant Protection and Relief Act Ordinance.

Rent cap is 5% plus CPI (Consumer Price Index) but not to exceed 10%.

No. CPI changes every year in April and varies on the county.

For units to which this bill applies, the rent can be raised twice in a 12-month period, as long as cumulatively the increases do not exceed the rent cap of 5% plus CPI.

No. Rent cannot be increase during a fixed term lease. Landlord may increase rent at the time of lease renewal.

Tenants should receive a 30-Day Notice for an increase of 10% or less, or 90-Day Notice for an increase over 10%.

No. The notice should be mailed to the residence or hand delivered.

Since AB 1482 applies to this property, a landlord can increase rent by 5% plus CPI. CPI is 1% now and will change in April 2021. In this case, a landlord can increase rent maximum by 6% and it is $48 per year. A landlord must serve tenant with a 30-Day Notice of rent increase.

Yes. Single-family houses are exempt from AB 1482 and landlord can increase rent up to the market value. Since increase is more than 10%, landlord must serve tenant with a 90-Day notice of rent increase.

A rental agreement is a legal document that should be completed prior to a landlord renting the property to a tenant. 

Rental agreement typically should include following:

• The name of landlord and all tenants including minors
• The address of the rental unit
• The date the rent must be paid, whom to make the payment to, and where it is to be paid
• The amount of rent and security deposit 
• The amount of late fees and non-sufficient funds fees that maybe added
• The pet policy
• Whether attorney's fees can be collected by landlord in an event of a lawsuit between landlord and tenant
• The number of people authorized to live in the renal unit
• Provide information on who will be responsible for paying utilities
• Provide information on who will be responsible for yard maintenance
• The name and contact information of who to call in an event of an emergency or maintenance issues
• The sublet policy
• The conditions under which landlord can enter rental unit
• Provide disclosures and addendums, for example bed bugs, lead paint, and mold addendums
• Megan law website that provides information on registered sex offenders
• Tenants parking policies and vehicle information
• Provide information on quite hours
• Provide information on smoking policy
• Rental agreements may also contain rules for common areas such as pool, playground, gym, and laundry facility.

Security deposit is a dollar amount that landlord takes from a tenant. It is expected to cover damage to the premises beyond normal wear and tear and serves to protect the landlord if the tenant breaks or violates the terms of the lease without paying rent. 

• Any unpaid rent
• Services to clean the apartment to bring it back to the state that it was at the beginning of the move in
• Any damages that were caused by the tenant or tenant's guests during their stay.

• Wobbly doorknobs
• Worn or faded carpet
• Small scuffs on walls and flooring
• Sun-faded curtains or blinds

• Burns or pet stains on carpet
• Holes in doors or walls
• Ripped or missing curtains
• Broken windows or missing screens
• Broken enamel on sinks, toilets, or bathtubs

No. Worn or faded carpet would be considered "normal wear and tear", and as such a tenant should not be charged for it. 

However, if there were holes, rips, tears, burns, or stains on carpet made by tenant, the tenant could be charged for those. 

Yes. If it has passed the 21 days and landlord hasn't sent the deposit or an itemized statement of deductions. These are the steps you should take first before considering small claims court:

• Make a formal demand. Send your landlord a written  Demand Return of Security Deposit requesting your security deposit.
• Sue in small claims court. This should be a last resort and although you may not have an attorney present with you, because attorneys not allowed in a small claims court. However, you may want to consult with legal services prior to taking your landlord to small claims court. 

Assembly Bill 1482, legislation that caps rent increases statewide and provides “just cause” eviction protections to tenants throughout California took effect January 1, 2020.

No. AB 1482 applies to most residential rental properties in California. The law doesn’t apply to most single-family homes and condominiums, housing built within the last 15 years, and properties subject to a stricter rent control ordinance.

No. It protects many renters, but not all. The “just cause” protections apply to renters who lived in certain types of housing once they have lived in the unit for 12 months.

Yes. City of Sacramento adopted the Sacramento Tenant Protection and Relief Act Ordinance.

Yes. The ordinance has slightly different protections for tenants who live in City of Sacramento.

For any tenant who is protected by AB-1482, the landlord must have “just cause” for eviction include “at fault” reasons and “no fault” reasons.

“At fault” means your landlord says you have done something wrong. Some “at fault” reasons include:

• Nonpayment of rent
• Violating the lease
• Nuisance
• Damaging property
• Refusing to sing a new lease
• Committing a criminal act on the property
• Illegally subletting the unit
• Failure to give access
• Failing to vacate after tenant provided notice

“No-fault” means you have not done anything wrong, but your landlord can ask you to move out for “no-fault” reasons. Some “no-fault” reasons include:

• If a landlord or close family want to move into the unit
• If a landlord plans to take the unit off the rental market
• If a landlord plans to demolish the unit or make repairs for longer then 30 days
• To comply with court order or government agency.

Tenants entitled to relocation assistance for “no-fault” termination.

Yes. Landlord is not required to give tenants a reason for termination the tenancy if tenant has been in the unit less than 12 months.

Relocation assistance should be equal to one month of rent or may waive in writing last month’s rent.

Tenants should receive a 30-Day Termination Notice if lived in the unit less then 12 months. After being in the unit for more than 12 months, tenants are entitled to receive a 60-Day Termination Notice with “just cause”.

No. The notice should be delivered in person, posted, and/or mailed.

No. Landlord must have a reason to evict if a tenant has been in the unit over 12 months and unit is subject to AB 1482.

No. Single-family houses are exempt from AB 1482 and landlord isn’t obligated to give a reason to vacate. After being in the house more than 12 months, landlord must serve tenant with a 60-Day Termination Notice.