We know that many members of the University of California community are concerned about immigration enforcement actions occurring across the country and have asked about the possibility of enforcement actions occurring on a UC campus. The Office of General Counsel at the UC Office of the President prepared the following to address these concerns: FAQs - Immigration & Customs Enforcement.
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.
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.
Please call (805-893-4371) or come into the office ASAP. If after ours see our Success Guide for information and tips (several sections).
No. A 30-day notice on a month-to-month tenancy is not considered an eviction. It is the right of both the tenant and the landlord to give 30 day’s written notice of termination of the lease agreement.
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. During the pre-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.
It is your right to receive this pre-move inspection. If your landlord does not offer it, s/he may not know this law exists. We recommend that you remind your landlord, in writing, and set up a time that is convenient for both of you to inspect the unit.
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 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 unremedied 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.
“Reasonable” wear and tear consists of unavoidable detriment to the rental unit, even though reasonable care has been taken to avoid and minimize it. “Reasonable” wear and tear does not include anything that might be corrected by cleaning. If you have a question about something specific, consult the Success Guide.
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 sign a separate lease or contract with a subtenant? Yes, you should. 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. CHO has sublease forms in their office and in the online Survival Guide.
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.
It is important to know in advance that the landlord has approved you as a new tenant. Once you have been accepted it is O.K. to sign. The next concern would be the deposit and how much to pay if you are moving in where others have lived for a while. It would be wise to agree on the condition of the unit before you sign a new lease. Complete an “inventory & condition report”. Discuss any “imperfections” with your housemates and possibly the landlord. Get things fixed at the beginning of your tenancy or get an agreement, in writing, from your housemates that you will not be held responsible for the specific “imperfections” you have found. If you do not do this you have agreed to accept the place “as is” and may be liable for damages you didn’t make when you are leaving.
First you will need to discuss your plans with your roommates. If you have a month-to-month contract you will need to give your landlord and roommates 30-day written notice. If your lease is a fixed term agreement, in most cases,you will need their permission to release you from it. Once you have their permission you can approach your landlord about his/her procedures. S/he will likely tell you to come back again once you found a suitable replacement for yourself. You must always have permission from the landlord to end your tenancy. Both your roommates and the landlord must approve of your replacement. An application and screening process will likely be required by the landlord. Once the replacement has been found your roommates will have to sign a document releasing you from the lease. Remember that while you are still on the lease at your old place it is not wise to sign onto another lease. Signing 2 leases means you will be liable for rent and damages on 2 units.
Once your old lease has expired and you are still residing in your unit and waiting to sign a new contract, the terms of your old contract are applicable on a month-to-month basis.
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.
Despite everyone's best intentions, problems can occur between owners or managers and tenants and between roommates. Without a written agreement, it's difficult to resolve any dispute that might arise regarding the terms and conditions of a tenancy. A written document protects tenants and owners/managers as well as individual roommates.
No tenant should sign a lease or rental agreement without first having read it and understood it. CHO staff will gladly check leases for UCSB students to answer any questions and to go over the lease with you. If you want legal interpretations, we will refer you to the attorney at Associated Students Legal Services to answer your questions.
If both roommates are on a Month-to-Month Agreement and one leaves, giving 30 days notice before doing so, the agreement becomes null and void 30 days from the day that s/he gives notice or on the day specified in the written notice. The following two options are available to the roommate who stays: 1. Find a new roommate and sign a new contract; 2. Give a separate 30-day notice of intention to move out. The owner or manager retains all the prerogatives available to him/her under any 30-day agreement.
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.
If an agreement states that you and your roommate(s) are "jointly and severally liable," it's confirming that you're individually and collectively liable for the entire rent. In the event that your roommate(s) fail(s) to pay, you can be held responsible for his/her portion of the rent. This "joint and several" liability continues throughout the stated life of the contract.
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.
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.
Yes, the Community Housing Office hosts an on-line Off-Campus Housing Resource Center. It is designed to answer specific questions about housing related problems, i.e.: roommate conflicts, deposit issues, and much more. While there you will be able to write to an experienced staff person who will respond to your concerns via e-mail or telephone. Also available is a searchable knowledge base and downloads containing resources for landlords, tenants, and roommates.
Searching long distance can be difficult and deceiving. You can begin your search at home by visiting our Off-Campus Rental Listing Service . Other sources for local listings include: craigslist.org, individual property provider websites, Daily Nexus and Santa Barbara Independent websites.For more advice about how to begin your search see our Success Guide housing search tips.
You can begin your search at anytime of the year. It depends on your needs and desires. If you want housing in Isla Vista on the ocean (Del Playa), you will want to begin your search in early January for the following school year. Also, if you need a rental that accommodates more than 4 people (3 bedrooms or more), we recommend you start in early January. If you want to live in other parts of Isla Vista you can relax a little and search at your leisure in the Winter and Spring Quarter for the following school year. If you are interested in living outside of Isla Vista we recommend that you start your search 2-3 months in advance of the month you wish to begin your tenancy.