Isla Vista's population nears 20,000 people, and of those residents, approximately 95% are renters. For local tenants, living in our beautiful beachside community can be a pleasant experience. Yet a tenant's experience may be complicated by common challenges and pitfalls related to housing. The good news is that most of these common problems can be avoided if tenants become more aware of their rights, responsibilities, and resources.

The Tenant Guide will provide information on basic legal rights, general tips, and list of local resources for tenants. It covers an array of topics from applications to evictions and roommates to rental listings. The guide is also helpful for both students and long-term residents.

IVTU aims to provide you with accurate and reliable information to ensure a successful tenancy in our local community. We encourage everyone to be more informed about tenant issues and to be aware of renter's rights.

• Applications
• Contracts
• Habitability
• Repairs and Damages
• Rent Increase
• Privacy
• Roommate Problems
• Subleasing
• Other Topics
• Move Out
• Security Deposit
• Eviction

Do I have to list on my rental application that I am pregnant? Once the baby arrives will we be kicked out for too many tenants?
First, you do not have to include your unborn child on your lease application. Next, once the baby is born the landlord will need to comply with the California Department of Fair Employment and Housing guidelines known as the "two plus one rule." Under these guidelines, the landlord should allow at least two persons per bedroom plus one additional occupant in the rental unit. For example, two persons should be allowed to occupy a studio unit, three persons a one-bedroom, five persons a two-bedroom, etc. The state takes the position that it will not investigate an allegation of familial status discrimination against a landlord as long as s/he allows at least the number of persons to occupy a rental unit as allowed under the two plus one rule.
However, landlords may legally have a more restrictive occupancy policy as long as it is based on legitimate business reasons. While the state does not clearly define these reasons, they may include very small units or very limited parking. It is my understanding that increased costs such as water/sewer, wear and tear, etc., will qualify as a legitimate business reason to deny additional occupants and/or raise the rent once you are living there and the baby arrives.

Can you help me understand the income requirements necessary to sign a lease?
Landlords can assess your income in a variety of ways. Loans, grants and money from family are all applicable but you will need to show verification that the money is available. Letters (sometimes notarized), bank statements, etc. all help. You may need to be creative and negotiate, but once you qualify you are in. Some places will accept a higher deposit. Also note, if you are rejected at one place that does not mean that you will be rejected everywhere.

My roommate is unable to attain a cosigner for the lease. Is there any way to bypass this problem as it seems that many of the apartments require a cosigner on the lease?
No, there really isn't a way to bypass this requirement. What landlords typically require is for a tenant to have a monthly income high enough to cover two-to-three times the rental amount. If your roommate meets this requirement then s/he should not need a co-signer. The best advice I can give you is to talk with any potential landlord about any exceptions they're willing to make. It is within the power of a landlord to work with you in these situations. It's always worth asking!

What do I do if I have a bad rental history?
You may be able to get your bad history cleared through the affected property provider. You will need to contact them directly. In any case, it is always best if you are upfront about your rental history when you apply for a new place.

What sort of application fees can a landlord charge?
Any fee charged by a landlord in connection with moving the tenant in (such as a "tenant initiation expense reimbursement" fee or TIER fee must be counted as part of the security deposit. Landlords may no longer charge nonrefundable fees to cover administrative expenses. (California Civil Code § 1950.5.)
Under California Civil Code 1950.6(b) a landlord can charge "actual out-of-pocket" expenses of obtaining a credit report or a similar tenant screening report, plus "the reasonable value of the time spent obtaining the report, checking personal references, background info, etc." If the landlord ends up spending less than the fee s/he charged, s/he must refund the difference. The law further states that the screening fee is set at $30.00 but can be adjusted annually by the Consumer Price Index.

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Is an oral agreement binding?
Yes (even though written contracts are preferable because everything is clearly stated). The law is clear that oral contracts are equally binding and subject to the same rights and responsibilities as written agreements.

How does a Month-to-Month Agreement expand the options of owners or managers and tenants?
In tenancies under Month-to-Month Agreements, both the owner or manager and the tenant must give the other party at least 30 days notice, in writing, of any change they wish to make in the original terms and conditions. In other words, the owner or manager is entitled to raise the rent, but only after s/he has given the tenant 30 days notice of the increase. A 30-day notice to vacate may be given on any day of the month unless otherwise specified on the rental agreement. 60 days notice must be given to a tenant who has resided in their unit for one year or more.

How does a fixed-term lease protect tenants and owners or managers?
When a tenant signs a lease, s/he is signing a legally enforceable contract. All the terms and conditions stated in the lease remain valid throughout the period specified. These constraints also apply to the owner or manager. The rent may not be raised during the specified period of a fixed term lease, nor may tenants be asked to vacate unless they've failed substantially to live up to the commitments they've made in signing the lease—if they're seriously behind with the rent, for example. Even in a situation such as this, however, owners and managers must still follow procedures provided under the law in order to implement an eviction.

Is it all right to assume that everything in a written lease is legal?
No tenant should sign a lease or rental agreement without first having read it and understood it. IVTU staff will gladly check leases to answer any questions and to go over the lease with you. If you want legal interpretations, we will refer you to the Legal Resource Center to answer your questions.

Is there any actual requirement under the law for overnight guests or is it simply landlord preference?
There is no law regarding how long overnight guests may stay. However, if you agree to the terms under the contact for your lease, 3 nights for example, you must adhere to those terms or you could be evicted.

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What is Habitability?
California Civil Code Sections 1941 and 1942 define a landlord's responsibilities for repairs. Section 1941.1 requires landlords to provide the following:

• Effective waterproofing and weather protection of the roof and outside walls, and unbroken doors and windows.
• Plumbing, electricity, and gas facilities in good working order.
• A reasonable amount of hot and cold running water, and a sewage disposal system.
• Adequate and safe heating facilities.
• Electrical lighting, with wiring and electrical equipment that conforms to the applicable law at the time of installation, maintained in good working order.
• Floors, stairways and railing, maintained in good repair.
• An adequate number of containers for garbage and rubbish.
• Buildings and grounds which are free of rubbish, garbage, rodents, and other pests.

What can I do if I rented a unit that I was told includes swimming pool facilities, but have found that the pool is under repair or is otherwise unavailable?
Even though items such as pools and laundry facilities are not considered a habitability issue, they are considered amenities, if the landlord/manager promised they would be available then they are required to maintain them in a good working condition. Remind your landlord of their promise if you find that such amenities are not in working order once you move in.

Am I entitled to heat?
Heat is a habitability issue and you are entitled to heat when it gets cold. Speak with your landlord if you feel the habitability of your unit is not being adequately addressed.

Who is responsible if my apartment is vandalized or broken into?
If the unit is secured with locks, (i.e.: dead bolts on doors and locking devices on windows), your landlord has met his/her obligations for security. Therefore you are responsible for covering the damages incurred at a break-in. Most leases require renter's insurance to cover the expenses of vandalism or a break-in.

What can I do if when I go to move-in and the place is not in good condition?
If the rental does not meet your satisfaction do not move-in. Once you turn that key, set your stuff down and start sleeping there, you have accepted the rental "as is". The C.H.O. recommends that you call your landlord immediately and return the key if necessary to get your needs met. Once you accept the unit "as is" your landlord has little incentive to fix things or make changes.

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What can I do if when I go to move-in and the place is not in good condition?
If the rental does not meet your satisfaction do not move-in. Once you turn that key, set your stuff down and start sleeping there you have accepted the rental "as is". You should call your landlord immediately and return the key if necessary to get your needs met. Once you accept the unit "as is" your landlord has little incentive to fix things or make changes.

Should I report mold to my landlord?
It would be wise however check your lease to see if there is anything there about mold. Some landlords require that you notify them if/when you see it because it can present a health hazard to residents. Regardless, it is in your best interest to take action against anything that may present a threat to your health.

Can I withhold rent if my landlord doesn't fix something?
In certain circumstances tenants may withhold rent until a problem has been remedied. The repairs that are needed must be more serious than would justify use of the repair and deduct or abandonment remedies. This remedy carries the same legal restrictions and risks as the other two remedies.
Withholding rent does not mean that tenants may live in the premises rent-free. Depending on the nature of the problem, tenants may be entitled to a retroactive rent reduction. It is wise to consult with an advisor before considering this last resort.

If my apartment is vandalized or broken into who is responsible, the landlord or me?
If the unit is secured with locks (i.e. dead bolts on doors and locking devices on windows), your landlord has met his/her obligations for security. You are then responsible for covering the damages incurred at a break-in. Most leases require renter's insurance to cover the expenses of vandalism or a break-in.
When you sign a contract it usually specifies in the lease that you should carry renter's insurance. This is usually available through your parent's homeowners insurance or even your auto insurance.

My landlord refuses to reimburse me for damages to my property, what can I do?
If the damage was not a natural disaster or caused by you (or any other tenant in your unit) then your landlord should be able to reimburse you for your losses. Of course there are exceptions from time to time. One questionable area is theft. Tenants are usually responsible for their losses in the case of theft, unless the theft is a result of the property provider's negligence, i.e. improper locking devices.
As far as requesting compensation you will want to make an inventory of lost items and their "fair market value". State the cause of the damage and amount of money you are seeking for reimbursement. Property providers have insurance that will cover your losses. Submit your request in writing. Should your property provider disagree or refuse to pay, mediation is a good option.

What do we do when we're being charged to fix something we didn't break?
Whether or not you are found responsible for the problem will depend on the documentation of it not working since you moved in. Did you notify your landlord of the damage as soon as you moved in? Did you note what didn't work on your inventory and condition report at the beginning of the tenancy? If so, it shouldn't be a problem proving you're not to blame.
If you don't have that evidence it will be harder. Professional maintenance people are left to determine who's to blame between the tenant and the landlord. Your next best strategy would be to plead with the landlord that the problem always existed and perhaps you can reach a compromise with him/her.

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Can my landlord raise the rent without reason?
On a month-to-month agreement your landlord can raise the rent for any reason and does not have to specify the reason. However, the notice should be in writing. So until it is in writing you do not have to pay the increased amount.

How much can my landlord raise my rent?
Once you are on a month-to-month contract your landlord can raise your rent at any time for any amount s/he chooses. S/he must give you 30-day written notice of any such proposed raises. If increase exceeds 10% of the lowest rent charged within a 12 month period, s/he must give you 60-days notice.

Is it legal for a landlord to raise the rent during a one-year lease, but not give the tenant the option of leaving if this occurs?
No. The terms of a fixed term or one-year lease are "fixed" for the specified period of time.

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When can the landlord enter my unit?
A landlord is supposed to give 24-hour notice and cannot enter without your permission. So, unless it's an emergency, you can deny him entry. Though you will have to assess the impact of that denial on your relationship.
According to California Civil Code 1953 (a)(1), there are five reasons a landlord can legally enter the premises:

1. To deal with an emergency
2. When you give permission to the landlord to enter
3. To make needed repairs (or assess the need for them)
4. To show the property to prospective new tenants or purchasers, and
5. When you give permission for an initial move-out inspection, after you've given notice you're moving out.

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I want to move out but my roommates won't cooperate, can I still leave?
You are not alone; this is a very common problem. If you want to move out before the terms of your lease expire, you can, but you are still bound to pay rent for the full term of the lease, whether or not you continue to occupy the unit or not (California Civil Code § 1951.2 ). If you do not pay, your roommates or landlord can sue, get a judgment and attempt to collect the money by doing such things as garnishing your wages. This is not a good thing!
The law also requires a landlord, or roommate in this case, to take all reasonable steps necessary to keep looses at a minimum -known as "mitigation of damages"(California Civil Code § 1951.2). This means that when a tenant leaves in the middle of the lease term, the landlord must make all "reasonable" efforts to rent the unit to another tenant, or in this case, your roommates if they wish to remain in the apartment.
The best thing to do is begin searching for a replacement for yourself immediately. You can place an advertisement on the Community Housing Office Database at http://www.housing.ucsb.edu/hchoices/cho-rental-home.htm, and search for people looking for housing in the community as well. Keep detailed records of your efforts! Your roommates will also need to work with you to find a replacement.
When you have found a suitable replacement tenant the new lease will need to be worked out with the landlord directly. It is best if you don't sublease when you want to get off of your lease. Both your landlord and roommates must approve of your replacement. If your landlord or roommates do not cooperate mediation is always an option.

What is Mediation?
Mediation is a process in which people who have a dispute can meet. With the support of a trained mediator, the parties can communicate openly and create ways to resolve conflicts.

When is Mediation appropriate?
Mediation works well with, but is not limited to, the following situations:

• Conflict with roommates or apartment-mates.
• Neighbor-to-neighbor problems.
• Landlord/tenant conflicts.

What do Mediators do?
Mediators will:

• Make sure that all parties have an opportunity to be heard.
• Listen to the viewpoints of all parties.
• Ask questions to clarify facts and perspectives.
• Help parties communicate with each other in an effort to recognize each other's perspective and empower parties to resolve the conflict.
• If desired, help parties write an agreement that specifically outlines the solutions the parties have created.

• Take sides.
• Make decisions for people.
• Decide who is "right" or "wrong".

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If the contract doesn't mention sub-leasing, does that mean that sub-leasing is OK?
Most contracts include a clause requiring that owners or managers be informed in advance of any kind of sub-lease. The law, however, makes it clear that owners or managers may not "unreasonably" withhold permission for a sub-lease. In other words, if the person to whom an apartment is to be sub-leased meets the same credit standards and other criteria that the original tenant met, it is not reasonable for the owner or manager to deny permission for the sub-lease. But if a tenant proceeds to sub-lease an apartment without having first obtained the consent of the owner or manager, in writing, even though the contract includes a clause that says such permission must be granted for any sub-lease, the sub-lease will be invalid.

Should I collect a deposit from a subtenant?
Yes, it is wise to collect a deposit from your sub tenant because you are still responsible for any damages s/he makes while residing in your unit.

Should I write up a contract when I sublease?
Yes, you should. It's always a good idea to keep written records of your agreements. You need to keep the original for your own records and you should be sure to give a copy of this new contract both to the owner or manager and to the subtenant.

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Shouldn't the landlord deal with my noisy, demanding, downstairs neighbors?
Your first line of defense is your landlord. State the specifics of your problem. If the landlord refuses to intervene, you have a couple of other possible courses of action.
You could threaten to move out. If you can convince a judge that the harassment from the neighbor constitutes an intolerable situation for you, you might be able to get out of your lease without being responsible for future rent. Of course, if you have a month-to-month rental agreement instead of a lease, you can leave by giving the proper amount of notice, which is 30 days in most states. You could also decide to stay and try to go through mediation to address the issue.

How does a fixed-term lease protect tenants and owners or managers?
When a tenant signs a lease, s/he is signing a legally enforceable contract. All the terms and conditions stated in the lease remain valid throughout the period specified. These constraints also apply to the owner or manager. The rent may not be raised during the specified period of a fixed term lease, nor may tenants be asked to vacate unless they've failed substantially to live up to the commitments they've made in signing the lease—if they're seriously behind with the rent, for example. Even in a situation such as this, however, owners and managers must still follow procedures provided under the law in order to implement an eviction.

What laws are there about smoking in or near the apartment?
Landlords are free to specify that some parts (or all of) the property will be smoke free. Local law in the county of Santa Barbara and in the City of Goleta prohibits smoking within 20 feet of any building or area where smoking is prohibited. Ashtrays are also banned in this 20 feet smoke-free area. State law prohibits the smoking of any tobacco product with 25 feet of a playground or tot lot sandbox area, and also prohibits the disposal of tobacco-related waste in these areas.

Can our landlord make us pay by cashiers check?
It is perfectly within the rights of your landlord to require a more stable form of payment, especially if your roommate has bounced checks.
Your lease agreement has a clause called "joint and several liability" which implies that you and your roommate are one in the same. Hence her bounced check is your bounced check.

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What is an "initial move out inspection"?
For your protection and benefit your landlord must give you the opportunity for an initial move-out inspection, to be held not earlier than two weeks before the your departure date. At the inspection, the landlord should make a list of the intended security deposit deductions (for damage or excessive wear and tear). The tenant may remedy the problems, keeping in mind any repair restrictions in the lease or rental agreement. Landlords can then deduct for un-remedied problems. Landlords can also deduct for deficiencies that were not apparent during the inspection due to the presence of the tenant's possessions and for deficiencies that appear after the inspection.

How do I determine how clean I have to leave the unit before I vacate?
For rentals that began on or after January 1, 2003, tenants must return the premises in the same state of cleanliness that they were in when the tenancy began. You are entitled to an initial move out inspection to take place during the last two weeks of your tenancy. During the initial move out inspection your landlord will provide you with his/her expectations of the condition for which you should leave your place. During the inspection you can negotiate with your landlord and get your agreements in writing.

Do I need to give 30-days notice of my intent to vacate on a fixed term lease?
No. It is only necessary to give written notice on a month-to-month agreement. The fixed term lease will end on the date specified in the agreement. Should you wish to stay, a written notice is recommended to make this clear to your landlord/manager. A new agreement can then be arranged.

Do I need to give 30 or 60 days notice to my landlord when I want to move out?
You do not need to give 60 days notice. 30 days is all you must give as a tenant. This only applies to month-to-month agreements and not to leases. Under a lease, a tenant generally must get permission from the property manager to sublet or assign the lease to a new tenant.

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Am I entitled to see receipts for money deducted from my deposit?
Yes, according to California Civil Code 1950.5 you are entitled to receive receipts for any deductions that exceed $125.00. Note: you may also waive your right to those receipts.

How do we refund the deposit when some roommates are moving out and others are staying?
There is nothing in the law that says you (or your landlord) must pay your roommates, since the tenancy is not actually ending with the management company. So the decision about who reconciles the deposit is up to the landlord. As for how to reconcile the deposit you do not have to give them their entire deposit back. You can deduct for cleaning, and damages beyond normal wear and tear. You may want to work with your landlord to come up with fair amounts to deduct.

I haven't received my deposit refund from my landlord, what can I do?
Your landlord has 21 days to return your deposit to you at the address you have provided as your forwarding or last known address. If s/he does not return your deposit in a timely matter we recommend you visit http://www.housing.ucsb.edu/hchoices/cho-survival-guide.htm where you will find a step-by-step approach to getting your deposit back.

If I want to dispute charges from my security deposit can I still cash the check from my property provider?
Yes. You have two years to dispute with your property provider about your security deposit. Cashing the check will in no way affect your ability to dispute any charges you wan to dispute.

Is our landlord required to pay us interest on our deposit?
No, the State of California does not have a law that requires a landlord to pay any interest s/he may have earned from holding your deposit.

It has been more than 21 days and I still haven't received my deposit back. What can I do?
Your landlord is required to return your deposit or at least account for any portion of your deposit s/he may have used within 21 calendar days. It is advisable to send him a certified letter, receipt return, explaining that you would like your deposit back. Please visit our website for sample letters: http://www.housing.ucsb.edu/hchoices/hchoices-images/pdfs/sg-deposit-disputes.pdf.

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Am I still entitled to a "pre-move out inspection" if I am being evicted?
No, If you are being evicted you are not entitled to a pre-move out inspection.

Do evictions work in the same way with Month-to-Month Agreements as with Leases?
In order to terminate a Month-to-Month Contract, an owner or manager needs only to inform a tenant that s/he must vacate the premises within 30 days. The law does not require that an owner or manager give the tenant any reason for this action. Tenants have the same freedom. A tenant who signs a contract is legally obligated to pay the full amount of rent throughout the specified period, even if s/he moves out. Under a Month-to-Month Agreement, a tenant needs only to give the owner or manager 30 days notice of his/her intention to leave in order to satisfy all legal obligations. If you do not follow the lease terms, a landlord can evict you with the same procedure mentioned above.

I have been given a 3-day notice to pay or quit, what should I do?
Visit http://www.housing.ucsb.edu/hchoices/hchoices-images/pdfs/sg-evictions.pdf for an explanation of the process. If you have received a 3-day notice please contact our office immediately and we can help you.

If I'm evicted, am I still responsible for the rent?
Yes. If you violate the terms of your lease in such a way as to justify a decision to evict you and if the process of eviction follows mandated guidelines, you may still be held responsible for paying the rent. You'll continue to be responsible for the rent until someone else takes over your contractual obligations. You may also be held responsible for paying any other costs (advertising the vacancy, additional cleaning costs, etc.) that the owner or manager may feel resulted directly from your eviction.