Unit 15: Residential Landlord-Tenant Law (Quiz)

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Pam rents an apartment to Tom. The property is leased for the period from March 1 through December 31. He has paid his rent on time and has not violated any provisions of the rental agreement. If she wishes to evict him at the beginning of August to get a higher-paying tenant into the property, what must she do?

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Pam cannot evict him as long as the rent is paid and he violates no terms of
the lease. As long as the lessee pays the rent and complies with other lease provisions, the lessor cannot evict the lessee, raise the rent, or change other terms of the tenancy during the lease. Page 471

Bob owns an apartment building in a city that has a rent control ordinance. The ordinance provides that when a unit becomes vacant, Bob must apply to the local Rent Control Board to increase the rent before re-renting the unit. The requirement that Bob obtain approval to increase the rent before re-renting the unit:

has been pre-empted since the adoption of the Costa-Hawkins Act. The Costa-Hawkins Rental Housing Act now has pre-empted vacancy control provisions of local rent control ordinances. Costa-Hawkins allows landlords to establish the initial rent for a unit or dwelling even if it is rent-controlled. So long as the same tenant stays in the unit, of course, the unit is subject to the rent control provisions for any increases in rent, but it will revert to market rate once the unit becomes vacant. Page 474

A tenant notified the landlord with a phone call and a follow-up letter that the water heater was not working properly. After two weeks of silence from the landlord, the tenant sent an email restating the problem with the water heater. Before repairing the water heater and deducting the cost of the repair from the next month's rent, the tenant should consult:

an attorney. After a reasonable time, if the landlord ignores the request or refuses to make the repair, the tenant may use one of the following remedies: repair and deduct, abandon the rental unit, or withhold rent. [C.C. §1942]. Before attempting to use any of these remedies, a tenant should obtain legal advice to determine the appropriateness of the remedy. Page 477

When does an owner have a right of entry onto the leased premises of a tenant?

If written notice is personally served on the tenant at least 24-hours prior to the entry. The lessor has a limited right to enter the rented premises to make necessary or agreed repairs or improvements. This requires 24-hours' written notice if the notice is personally served on the tenant, left with someone of suitable age, or posted on the property. Page 479

Which of the following is correct as to assignments of leases?

Under an assignment, a lessee gives up all rights to use or possess the rented-
property in the future. A lessee who assigns all of his or her rights under a lease is known as an assignor and the person who takes over the property is the assignee. The original lessee's relationship with the property ends, and the assignee in effect "stands in the shoes" of the original lessee/assignor. Page 480