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What happens if a tenant agrees to a contract which is against the law?
The tenant is not bound by that contract
Where can you check to find out if you are living in a certified residental room or if your room is just a tourist room?
This information should be posted at the front desk.
Name two ways that can help you prove your tenancy
rent reciepts and mail adreesed to your room.
How long must you stan in a room before you can become a tenant.
30 concecutive days
What happens after 32 concecutive days of living in the same room in a residential SRO?
You are protected by the SF Rent Ordinance (rent control law) Which grants a series of safeguards for tenants living in building built before 1979
Which SROs were built before 1979?
Just about all unsubsidised SROs built in San Francisco.
what is musical rooming?
This is when A landlord tries to prevent you from becoming a tenant by making you move out and back in, or change rooms every 21 or 28 days.
Is the practice of musical rooming legal
No California civil code section 1940.1 it is a crime punisiable by a fine of $500 and court fees.
What are some steps you can take to combat musical rooms?
1. report it to the city Attorney who can help prosecute landlords
2. Take your landlord to small Claims court
Where is the small claims court located
400 McAlister St.
What happens if you have to go to small claims court to deal with musical rooming?
You will have to defend yourself.
What are some resources that can help you to prepare yourself in the event you have to defend yourself in small claims Court.
1. St. Peters Housing Committee
2. Small Claims Court Legal Advisor
3. New Colledge of California Law School.
What are the hours and temperatues that Landlords are requrired to provide heat for their tenants according to law?
From at least 5-11 AM and 3-10 PM whenever the temperature drops below 68 degrees
What happens if your landlord in not providing adequet heat?
Your rent can be reduced, your landlord can be in jepordy of being hit with civil and criminal penalties
What steps should you take if you are a victim of not reciving adequet heat?
1. Document any problems the lack of heat causes
2. Let your landlord know that they are in violation of the law (section 701(c)
Contact the proper agenency to persue legal action.
What are the uniform policies regardig visitors?
Visiting hours are from 9am to 9pm
tenants are allowed 8 overnight guest per month
the visitor policies must be posted in the hotel
managers can restrict visitors on the 1st and 15th of the month
management ca request an id from visitors
tenants are responsible for damages or disruption caused by their visitor and can loose their right to have visitors with repeat offenses
What should you do if your visitors rights are denied
Site the law section 919.1
let the landlord/manager know you will take legal action. and they could be fined
you can pettiotion the SF rent board if your visitors rights have been violated.
Can landlord change the visitors policies?
Yes but only through the SF rent board
What must your landlord do if they desire to increase your rent.
1. they must give you a 30 day notice
2. the notices must be in writing.
What is the current pecentange for rent increase for 2010
How are rent increases determined?
they go by the base rent (initial rent you payed when you moved in ) the landlord may also add any increase they did not issue in previous years.
Can landlord pass of increases like improvements and untility cost.
Yes, but only with rent board aproval
When should withold rent from your landlord
Never, Not paying rent gives your landlord a reason to evict you.
Does a landlord have the right to evict you for any reason they choose
No they must have (Just Cause) and they must give a written notice.
When would an eviction process start
Once the written notice has been given.
What are the two most common evictions a tenant gets that are consicered just causes?
1. non payment of rent
What is a 3 day at fault notice
A notice a tenant gets when they haven't payed rent. This notice requires you to pay rent within three days or leave the room.
What happens if you pay rent within the three days of reciving a 3 day notice?
The eviction process ends as soon as you pay.
What should you do if you cannot pay the rent within the tree days of reciveing a three day notice.
A tenant can try to negotioate for more time. this arrangement should be put in writting.
Name two agencies that can possibly help with rental assistance.
The Eviction defense collabarative.
Season of Sharing.
What should you do if you recive a three day notice for nuisance.
You should respond to the allegations in writing within three days. You contact the proper immediately for help with a written response.
What is a 30 day no faul notice
This is when a tenant is being evicted for reasons that are not there fault. example: a landlord is making repairs to the unit.
What happens when you are given a 30 no fault notice and the building is under rent control.
The landlord must give a written explination with a valid reason for the eviction.
What happens if you do not move out within the notice period
The landlord can start a lawsuit to evict you from the room.
How does the eviction process work?
1. The landlord must seve you with a summons and complaint
2. The papers must be served on you
What does papers being served on you mean?
the tenant must recive the papers in their hand or had them posted on their door.
What happen if a tennants summons is not recived on them
The eviction process is invalid
What should a tenant do if they recive a Summons and commplaint
They will need to respond within five days of reciving the papers in order to avoid sheriff eviction.
The response needs to be professional and the tenant should not seek to respon on there own but rather though the proper agency.
Right of tenants living in SROs