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Tips For California Tenants
Here is the law, protect your rights when looking for a place to live...
You can offer the landlord or agent your own copy of your credit report, but they don't have to accept it.
"civil code 1950.6(a)... A landlord or his or her agent may, but is not required to,
accept and rely upon a consumer credit report presented by an applicant."
"civil code 1950.6(b) The amount of the application screening fee shall not be
greater than the actual out-of-pocket costs of gathering information
concerning the applicant, including, but not limited to, the cost of
using a tenant screening service or a consumer credit reporting
service, and the reasonable value of time spent by the landlord or
his or her agent in obtaining information on the applicant. In no
case shall the amount of the application screening fee charged by the
landlord or his or her agent be greater than thirty dollars ($30)
They can't take your application fee and not have a unit for you to rent...
"civil code 1950.6(c) Unless the applicant agrees in writing, a landlord or his or
her agent may not charge an applicant an application screening fee
when he or she knows or should have known that no rental unit is
available at that time or will be available within a reasonable
period of time."
You are entitled to an itemized receipt for your credit check, don't accept just a CASH receipt...
"civil code 1950.6(d) The landlord or his or her agent shall provide, personally, or
by mail, the applicant with a receipt for the fee paid by the
applicant, which receipt shall itemize the out-of-pocket expenses and
time spent by the landlord or his or her agent to obtain and process
the information about the applicant."
If they do not supply you with an itemized receipt or the credtit report they must refund your money...
"civil code 1950.6(e) If the landlord or his or her agent does not perform a
personal reference check or does not obtain a consumer credit report,
the landlord or his or her agent shall return any amount of the
screening fee that is not used for the purposes authorized by this
section to the applicant."
You are entitled to have a copy of the credit report they charge you for...
"civil code 1950.6(f) If an application screening fee has been paid by the applicant
and if requested by the applicant, the landlord or his or her agent
shall provide a copy of the consumer credit report to the applicant
who is the subject of that report."
Be aware of what they are charging you for exactly...
"civil code 1950.6(j) The application screening fee shall not be considered an
"advance fee" as that term is used in Section 10026 of the Business
and Professions Code, and shall not be considered "security" as that
term is used in Section 1950.5."
I urge you to read the whole document "civil code 1940-1954.1" so you know where you stand...
If you have questions or you want to talk about your situation call TollFree (855) 415-7273...
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