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The Tenant Check List

This document is intended to provide general information and not legal advice. We strongly urge you to consult with an attorney. Click here for Eviction Defense Resources, Free Legal Advice, and qualified private attorneys.

  1. Learn about credit check fees, application screening fees, and holding deposits. Beware of
    prepaid rental listing services. Get educated before you start your housing search.
    http://www.dca.ca.gov/legal/landlordbook/index.shtml
  2. Don’t be a victim of unlawful discrimination.
  3. Investigate what other laws may protect you.
  4. Learn about oral agreements vs. written agreements. Learn about leases vs. month to month agreements. http://www.dca.ca.gov/legal/landlordbook/index.shtml
  5. Before you move in or out of your apartment. Carefully document any defects in the apartment with pictures and video before you sign a  rental agreement.   Place the newspaper of the day in each  picture and keep the page.
  6. Should you be concerned about lead based paint and other toxics.
    http://www.dca.ca.gov/legal/landlordbook/index.shtml
  7. Make sure that the rental agreement does not say that the apartment is in perfect condition if it is not. If there is a section in the lease that talks about the condition of the unit, list the problems there and any agreement regarding repairs.
  8. Read and fully understand all of the terms of your agreement. If you have questions or concerns, ask to take it with you to review and bring it to one of these four legal clinics or invest the time
    and energy to have a private attorney review it before you sign.
  9. Follow the rules. Understand your lease or rental agreement. Be a good neighbor.
  10. Pay your rent on time. Never pay with cash unless you get a clearly written receipt at the time
    of payment. Even then it is best to buy a money order. While it is perfectly acceptable to pay with a check, if the landlord claims that the check was lost in the mail it will be your word against the landlord’s and a check registry is very weak proof of having sent it or paid it.
  11. Report problems by knocking on the manager’s door and nicely handing a nice note. Keep a
    copy of your written request for repairs.
  12. Understand the “repair and deduct remedy” http://www.dca.ca.gov/legal/landlordbook/index.shtml
    AND never actually use it unless you have a qualified expert ready to represent you in the
    eviction trial that is likely to result.
  13. Understand your right to withhold rent if there are bad conditions.
    http://www.dca.ca.gov/legal/landlordbook/index.shtml
  14. Good tenants who have lived in rent controlled units for many years pay lower rent. The landlord has a motivation to evict. They are often falsely accused of breaking the rules. Exercise caution and get free legal assistance the moment problems arise.
  15. If you get a 3 day notice to do anything get legal advice in enough time to comply with the notice. If the person you are speaking with tells you not to comply, get a second opinion. Eviction Defense Resources, Free Legal Advice, and qualified private attorneys.
  16. If you have reason to believe the landlord may try to evict you (low rent, low rent combined with new owner, you just called the health department or complained about conditions for example),
    start paying your rent with a money order that has a pre-printed date and send it priority mail.
    DO NOT send certified mail. Priority mail has the same tracking mechanism as certified mail but is less expensive and does not require a signature. At least one judge in Los Angeles thinks that if the tenant makes the landlord go to the post office to pick up a certified mail envelope and the rent is late, the tenant can be evicted. Exercise caution and get free legal assistance the moment problems arise.
  17. When you a ready to move, give a 30 day written notice when you are ready to move out. Be
    sure you really are ready to move out. Once given, the landlord does not have to let you
    withdraw it. http://www.dca.ca.gov/legal/landlordbook/index.shtml
  18. You have to pay your last months rent unless you specifically have clear proof that the security deposit is intended as a last months rent. http://www.dca.ca.gov/legal/landlordbook/index.shtml
    Before refusing to pay your last months rent, get free legal assistance.
  19. Before handing over the keys do a walk through with the manager and a witness,
    take pictures and video of the condition. The landlord has to either refund the deposit or account for it within 21 days. If you do not get your deposit back, you can sue in small claims court.
    http://www.dca.ca.gov/legal/landlordbook/index.shtml
    http://www.courtinfo.ca.gov/selfhelp/smallclaims/research.htm

Elena I. Popp
Attorney at Law
633 West 5th
Suite 2800
Los Angeles,CA
90071

Phone: 213/223-2028 Fax: 866/457-5240
E-Mail:
Eipopp@aol.com


Housing Rights

 1.Eviction Defense
 2.Affirmative Habitability     cases
 3.Representing groups  of     tenants facing eviction     due to condominium     conversion or abuse of     the Ellis Act.
 4.Does a Landlord owe     you

Representing of Nonprofit Organizations

 1.Bylaws preparation
 2.Incorporation
 3.Federal and State Tax     Exemption Filing
 4.Meeting and Retreat     facilitation
 5.Strategic Planning
 6.Capacity Building