Deductions for damages. The landlord must return the deposit—less any amount deducted for damages—within 21 days. Do not forget to leave a forwarding address so the deposit can be sent back to you. If the landlord withholds part or all of your deposit, he or she must give you an itemized list of deductions with a description of the damages.
Normal wear and tear. The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. If the carpet simply becomes more worn because you and your guests walked on it for a year, the landlord may not charge you for a new carpet. If your waterbed leaks and the carpet becomes mildewed as a result, you may be charged.
Advance-notice requirements. In California, tenants must give the landlord the same amount of notice as there are days between rent payments (usually 30), but rental agreements may specify other amounts of notice, such as 10 days or even 60 days, so look at your lease closely for the terms.
Rent increase. There is no commercial rent control in San Francisco. Rather San Francisco’s Rent Ordinance regulates rents and evictions for certain residential rental units in San Francisco. Chapter 37A of San Francisco’s Administrative Code allows the city to collect a per-unit fee for each residential dwelling unit that is subject to the San Francisco rent ordinance. This fee defrays the entire cost of operation of the rent Board and is billed to the landlord each year on the property tax statement sent in November. A landlord is allowed to collect 50 percent of the cost of the fee from the tenant. In 2012–13, the allowable Rent Board fee collectable from tenants is $14.50, and it has been that way since 2008. Effective March 1, 2013, through February 28, 2014, the allowable annual rent increase is 1.9 percent, which is based on 60 percent of the increase in the consumer price index for all urban consumers in the Bay Area.
Late rent payment. Most rental agreements require that rent is paid at the beginning of each rental period (e.g., month); however, the lease can specify any day of the month that that rent is due. It is very important to pay the rent on the date that it is due. Unpaid rent can lead to negative entries on your credit report or even an eviction. Often rental agreements offer a grace period in which to pay the rent without penalty, so consult your specific lease for those details.
Renters insurance. Although not required by California law, the law allows rental property owners to require renters to buy rental insurance. If so, you normally will be asked to submit proof of insurance to the leasing agent before you move into your property. If you let your rental insurance lapse, it may be a violation of your lease and give your landlord grounds for fines or evictions. Renters insurance is an affordable way to safeguard against unforeseen occurrences and protect against personal losses is having renters insurance. Insurance rates are heavily influenced by the comprehensiveness of the coverage and can average $169 a month for $15,000 worth of coverage. Your lease likely contains a clause that states that the owner will not be liable for any damages to the resident’s personal belongings or to that person except in cases where a disaster occurred due to the owner’s own negligence; then the resident has a course of action.
Guests. It is normal to want to share the amenities that have drawn you to your apartment, but landlords usually have policies about your guests’ amenity usage. Whether it is a maximum number of guests allowed per tenant or necessary accompaniment with your guest, it is best to avoid breaking the rules by inquiring with the landlord first.
The surest way to stay in compliance while at your rental is always to keep your lease handy so you can reference it often. If you know your rights, know the rights of the property owner and take the right course of action when needed and you will be more likely to avoid problems.
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