HOUSING PROVIDERS CAN:

• Set reasonable income and tenant screening requirements.
• Set policies as to whether or not co-signers are accepted.
• Require a completed signed rental application from each adult.
• Ask the names of all prospective occupants.
• Verify income, employment, and rental history.
• Obtain a credit report.
• Select the best qualified candidate.
• Reject applicants with bad or no credit history.

CREDIT CHECK & APPLICATION FEES
California Civil Code, Section 1950.6

OCCUPANCY STANDARDS

LEASES

A lease is a rental agreement that is for a fixed set amount of time, such as 6 or 12 months. It guarantees the tenants the right to occupy the dwelling unit for the set period of time at the agreed upon price and the agreed upon terms and conditions. A property owner would need to provide a reason, such as failure to pay rent or lease violations, for any eviction from the unit prior to the lease termination. After the lease has ended, the tenant may sign another lease; or, if the property owner accepts monthly rent after the lease expires, the tenancy continues as a month-to-month rental agreement.

MONTH TO MONTH RENTAL AGREEMENTS

A month-to-month rental agreement is binding for only a month at a time. It means that either the property owner or the tenant can give a 30-day-notice to vacate the unit at any time without cause. In addition, it means a property owner can give a 30-day-notice for increase of rent and/or changes to the rental agreement terms and conditions.

Beginning January 2007, a landlord has to give a tenant a 60 day notice to terminate tenancy if the tenant has resided longer than 1 year (365 days) in the unit.

VERBAL RENTAL AGREEMENTS

Verbal rental agreements are legal and binding. However, they are only legally valid for up to one year. They are also problematic if any dispute arises between a housing provider and tenant regarding any aspect of the agreement because of the difficulty of proof when nothing is in writing.

ANY TERMS IN A LEASE OR RENTAL AGREEMENT THAT VIOLATE LOCAL, STATE, OR FEDERAL LAW ARE VOID AND UNENFORCEABLE!

SPANISH LANGUAGE NOTE: If a lease or month-to-month rental agreement is negotiated primarily in Spanish, then the landlord must give the tenant a written Spanish translation of the lease or rental agreement before it is signed.

The landlord and tenant should inspect the rental unit and fill out an Inventory Checklist. It's best to do this before a tenant moves in, but it can be done two or three days later, if necessary. The landlord and tenant should walk through the rental unit together and note the condition of the items included in the checklist in the "Condition on Arrival" section. Both should sign and date the form, and both should keep a copy. Carefully completing the form at the beginning of the tenancy will help avoid disagreements about the condition of the unit and the amount of the security deposit due the tenant when the tenant moves out. If the landlord or property manager is not available for a walk through, the tenant should do this on their own within the first few days of the tenancy, clearly writing down any problems, then mailing a dated and signed copy of the inventory checklist to the landlord. This will give the landlord notice of potential problems, and an opportunity for him to discuss or remedy the problem promptly. Inventory Checklist forms are available from FHOSC. Another excellent way to verify the condition of the unit is to take photographs before moving in and before moving out.

For tenants who are on a month-to-month rental agreement, a property owner must give a 30-day written notice for rent increases. As of January 1st, 2001, a property owner must give a 60-day written notice of increase of rent for any increase in excess of 10% of the monthly rent. This also applies if combined rent increases during a 12-month period exceed 10%.

Tenants with a written lease cannot have their rent increased until the end of the lease unless otherwise stated in the lease or unless both parties agree to the increase in writing.

There is no rent control in any Sonoma County jurisdiction except in many mobile home park locations. A property owner therefore can increase rent as much and as often as desired as long as proper written notice is given.

It is illegal for a landlord to increase the rent or to reduce services to retaliate against the tenant for complaining about conditions on the premises. Rent increases which discriminate against certain tenants (such as tenants with children) are also illegal. If you believe your landlord is discriminating against you or is retaliating against you for some reason, contact Fair Housing of Sonoma County (FHOSC) or an attorney familiar with landlord tenant issues.

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