Información Laboral – Isla Vista Tenants Union

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- HistoryIsla Vista tenants have been working together to demand respect and fair treatment from landlords, the County, and the University as far back as the early 1970s. While the level of tenant organizing has fluctuated in the past, the current Isla Vista Tenants Union was built by a surge of action after 36 Latino families were evicted from the Colonial, Balboa, and Cortez apartment buildings in the summer of 1998. A coalition of students and evicted tenants recognized the need to educate and empower tenants, and a year later formed the Isla Vista Tenants Union under UCSB Associated Students.
- MissionThe Isla Vista Tenants Union will empower tenants through education, advocacy, and grassroots organizing. We will promote tenant interests and act against violations of tenants’ rights. IVTU will work with local groups, the County, the University, and businesses to realize its mission. Our Philosophy The Isla Vista Tenants Union (IVTU) is an organization serving the interests of Isla Vista tenants. We recognize the diversity of our community, and we strive to meet the different needs of our members while uniting our common interests as tenants. We educate tenants on their rights and responsibilities, and we act as a resource when problems occur. We believe people should live without the suffering that arises from discrimination, retaliation, or neglect. We reach out to property managers, the University, elected officials, local groups and individuals to realize our vision and address pressing tenant issues. In providing a service to the tenants of Isla Vista, we also hope to build a united, educated, and proactive community.
- Board & StaffHilary Kleger – Isla Vista Community Advisor 968-6704 email me Who do I advise? Isla Vista Tenants Union (IVTU) Commission on Student Well-being (COSWB) What can I do for students? Liaison between students and IV Community, County of Santa Barbara Provide opportunities for students e.g. connect students to work on collaborative Community projects Provide direct involvement in local housing issues Assit with program development and event planning What other duties do I have? Emergency planning for IV Represent AS/IVTU in community meetings When is a good time to drop in? Business hours, or make an appointment Jose Raygoza – IV Office Coordinator 968-6704 email me Campus committees: Chancellor’s Staff Advisory Committee (CSAC) CSAC Staff Issues Sub-Committie Coalition of University Employees- Teamsters What can I do for students? Answer general tenant/landlord questions, schedule the IV Office for a meeting, provide administrative support for students of the IVTU and LRC, translate documents from Spanish to English and visa-a-versa, and provide institutional memory. What other duties do I have? General administrative support to IVTU, IV Community Advisor, LRC, and Assoc. Dir. of Community Affairs. Provide intake services for tenants and clients including monolingual (Spanish) tenant in the IV community. When is a…
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- ApplicationsDo 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…
- HabitibilityWhat 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…
- Repairs and DamagesWhat 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…
- Subleasing 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…
  - UCSB CHO’s Subleasing Guide
  - UCSB CHO’s Sample Subleasing Agreement
- PrivacyWhen 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: To deal with an emergency When you give permission to the landlord to enter To make needed repairs (or assess the need for them) To show the property to prospective new tenants or purchasers, and When you give permission for an initial move-out inspection, after you’ve given notice you’re moving out. In most instances (emergencies excluded) a landlord can enter only during “normal business hours” and only after “reasonable notice.” When you have agreed that repairs need to be made, or if he suspects something needs to be repaired, he needs your permission. You have the right to ask him exactly what it is he intends to repair, or what needs assessing. He should not be entering your apartment looking around for work to do. You can show him that portion of the law if you prefer.…
- Roomate ProblemsI 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…
- Rent IncreaseCan 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.
- Lease ReviewIs 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…
- Move Out 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…
  - Storage Resources
  - Cleaning & Moving Services
- Eviction 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…
- Other TopicsShouldn’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…
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