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| QUESTIONS |
| Housing Search |
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| Leases and Contracts |
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| Subleasing |
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| Deposit Disputes |
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| Evictions |
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| ANSWERS |
| What is the
best time of year to begin looking for housing? 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, you will want to begin your search in the middle
of January for the following school year. 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. |
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How do I begin
my search for housing? Searching long distance can
be difficult and deceiving. You can begin your search at home
by visiting our Off-Campus online Rental Listing Service or
by checking the Santa Barbara Newspress on their website. Other
sources for local listings include: the Daily Nexus and The
Santa Barbara Independent.
For more advice about how to begin your search see our Survival Guide housing search tips.
If you are a transfer student or new grad student visit the links on our Where Can I Live? section. |
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| Is there someone
I can talk to about my housing problems? 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. |
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| 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. |
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| 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 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. |
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| What's
the significance of a "Joint & Several" clause
in a lease? 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. |
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| 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. |
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| What happens
when one roommate gives a 30-day notice under a Month-to-Month
Agreement and other’s want to stay? 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. |
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| Is it
all right to assume that everything in a written lease is legal?
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. |
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| Why does
CHO recommend so strongly that all rental agreements, contracts
and leases be put in writing? 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. |
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| Do I need
to give 30-days notice of my intent to vacate on a fixed term
lease? 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. |
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| If my
fixed term agreement has expired, and I’ve decided to
stay, what are my rights and responsibilities while there is
no current lease agreement? 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. |
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| I don't
like my roommates, how can I get out of my lease? 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. |
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| How do I handle
signing onto a pre-existing or “rollover” lease?
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. |
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| 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. |
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| What steps
should I take to begin SUBLEASING my place? 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. |
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| 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. |
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| What is
considered normal wear and tear? “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 Survival
Guide. |
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| I haven’t
received my deposit refund from my landlord, what can I do?
Your landlord has 21 days to return your deposit to you at the
address you have provided as your forwarding or last known address.
If s/he does not return your deposit in a timely matter see our Deposit Dispute page where you will find a step-by-step approach to getting your
deposit back. |
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| What is
a “pre-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 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. |
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| What happens
if the landlord doesn’t offer me a “pre-move out
inspection”? 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. |
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| 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. 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. |
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| I was given
a 30-day notice by my landlord, am I being evicted?
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. |
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I have been
given a 3-day notice to pay or quit, what should I do?
See our Survival Guide for information and tips (several sections).
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| If I'm
evicted, am I still responsible for the rent? 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. |
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| 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. |
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| Am I still
entitled to a “pre-move out inspection” if I am
being evicted? No. |
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