A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
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Abandon/Abandonment - the tenant's remedy of moving out of a rental unit that is uninhabitable and that the landlord has not repaired within a reasonable time after receiving notice of the defects from the tenant.Amount of Advance notice - the number of days' notice that must be given before a change in the tenancy can take effect. Usually, the amount of advance notice is the same as the number of days between rent payments.
Appeal - a request to a higher court to review a lower court's decision in a lawsuit.
Application for Waiver of Court Fees and Costs - a form that tenants may complete and give to the Clerk of Court to request permission to file court documents without paying the court filing fee.
Assign/Assignment - an agreement between the original tenant and a new tenant by which the new tenant takes over the lease of a rental unit and becomes responsible to the landlord for everything that the original tenant was responsible for. The original tenant is still responsible to the landlord if the new tenant doesn't live up to the lease obligations. (See novation; compare to sublease.)
Claim Of Right To Possession - a form that the tenant can fill out to temporarily stop an eviction by the sheriff after the landlord has won an unlawful detainer (eviction) lawsuit. The tenant can use this form only if: the landlord did not serve a Prejudgment Claim of Right to Possession form with the summons and complaint; the tenant was not named in the writ of possession; and the tenant lived in the rental unit before the unlawful detainer lawsuit was filed.
Default Judgment - a judgment issued by the court, without a hearing, after the tenant has failed to file a response to the landlord's complaint.
Demurrer (Answer) - a legal response that a tenant may file in an unlawful detainer lawsuit to test the legal sufficiency of the charges made in the landlord's complaint.
Escrow Account - a bank account into which a tenant deposits withheld rent, to be withdrawn only when the landlord has corrected uninhabitable conditions in the rental unit or when the tenant is ordered by a court to pay withheld rent to the landlord.
Eviction - a court-administered proceeding for removing a tenant from a rental unit because the tenant has violated the rental agreement or did not comply with a notice ending the tenancy (also called an "unlawful detainer" lawsuit).
Eviction Notice (Or Three-Day Notice) - a three-day notice that the landlord serves on the tenant when the tenant has violated the lease or rental agreement. The three-day notice usually instructs the tenant to either leave the rental unit or comply with the lease or rental agreement (for example, by paying past-due rent) within the three-day period.
Fair Housing Organizations - city or county organizations that help renters resolve housing discrimination problems.
Federal Stay - an order of a federal bankruptcy court that temporarily stops proceedings in a state court, including an eviction proceeding.
Guest - a person who does not have the rights of a tenant, such as a person who stays in a transient hotel for fewer than seven days.
Habitable - a rental unit that is fit for human beings to live in. A rental unit that substantially complies with building and safety code standards that materially affect tenants' health and safety is said to be "habitable." See uninhabitable and implied warranty of habitability.
Holding Deposit - a deposit that a tenant gives to a landlord to hold a rental unit until the tenant pays the first month's rent and the security deposit.
Implied Warranty Of Habitability - a legal rule that requires landlords to maintain rental units in a condition fit for human beings to live in.
Initial Inspection - an inspection by the landlord before the tenancy ends to identify defective conditions that justify deductions from the security deposit. The landlord must perform an initial inspection if the tenant requests it.
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LLandlord - a business or person who owns a rental unit, and rents or leases the rental unit to another person or business.
Lease - a rental agreement, usually in writing, that establishes all the terms of the agreement and that lasts for a predetermined length of time.
Lock Out - when a landlord locks a tenant out of the rental unit with the intent of terminating the tenancy.
Lodger - a person who lives in a room in a house where the owner lives.
Mediation - a process in which a neutral third person meets with the parties to a dispute in order to assist them in formulating a voluntary solution to the dispute.
Memorandum To Set Case For Trial - a court document that notifies the parties in an unlawful detainer lawsuit that the case has been set for trial.
Motion to Quash Service of Summons or Motion to Show Cause- a response a tenant may file in an unlawful detainer lawsuit if the tenant believes that the landlord did not properly serve the summons and complaint.
Negligence/Negligently - a person's failure to use ordinary or reasonable care that results in injury to another person or damage to another person's property.
Novation - in an assignment situation, a novation is an agreement by the landlord, the original tenant, and the new tenant that makes the new tenant (rather than the original tenant) solely responsible to the landlord.
PPeriodic Rental Agreement - an oral or written rental agreement that states the length of time between rent payments.
Prejudgment Claim of Right to Possession - a form that a landlord in an unlawful detainer (eviction) lawsuit can have served along with the summons and complaint on all persons living in the rental unit who might claim to be tenants, but whose names the landlord does not know. Occupants who are not named in the unlawful detainer complaint, but who claim a right to possess the rental unit, can fill out and file this form to become parties to the unlawful detainer action.
RRelief From Forfeiture - an order by a court in an unlawful detainer (eviction) lawsuit that allows the losing tenant to remain in the rental unit, based on the court finding that the eviction would cause the tenant severe hardship and that the tenant can pay all of the rent that is due, or otherwise fully comply with the lease.
Rental Agreement - an oral or written agreement between a tenant and a landlord, made before the tenant moves in, which establishes the terms of the tenancy, such as the amount of the rent and when it is due. See lease and periodic rental agreement.
Rental Application Form - a form that a landlord may ask a tenant to complete prior to renting.
Rental Period - the length of time between rental payments.
Rental Unit - an apartment, house, duplex, or condominium that a landlord rents to a tenant.
Renter's Insurance - insurance protecting the tenant against property losses, such as losses from theft or fire.
Repair And Deduct Remedy - the tenant's remedy of deducting from future rent the amount necessary to repair defects covered by the implied warranty of habitability. The amount deducted cannot be more than one month's rent.
Retaliatory Eviction Or Action - an act by a landlord, seeking to evict or otherwise punish a tenant because the tenant has asserted other tenant rights.
Security Deposit - a deposit or a fee that the landlord requires the tenant to pay at the beginning of the tenancy.
Serve/Service - legal requirements and procedures that seek to assure that the person to whom a legal notice is directed actually receives it.
Sixty-Day Notice - a written notice from a landlord to a tenant telling the tenant that the tenancy will end in 60 days. A sixty-day notice usually does not have to state the landlord's reason for ending the tenancy.
Sublease - a separate rental agreement between the original tenant and a new tenant to whom the original tenant rents all or part of the rental unit.
Subpoena - an order from the court that requires the recipient to appear as a witness or provide evidence in a court proceeding.
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Tenancy - the tenant's exclusive right, created by a rental agreement between the landlord and the tenant, to use and possess the landlord's rental unit.Tenant - a person who rents or leases a rental unit from a landlord.
Thirty-Day Notice - a written notice from a landlord to a tenant telling the tenant that the tenancy will end in 30 days.
Uninhabitable - a rental unit which has such serious problems or defects that the tenant's health or safety is affected.
Unlawful Detainer Lawsuit - a lawsuit that a landlord must file and win before an eviction can occur.
U.S. Department of Housing and Urban Development - the federal agency that enforces the federal fair housing law, which prohibits discrimination based on sex, race, religion, national or ethnic origin, familial status, or mental handicap.
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WWaive - to sign a written document (a "waiver") giving up a right, claim, privilege, etc.
Writ Of Possession - a document issued by the court after the landlord wins an unlawful detainer (eviction) lawsuit. The writ of possession is served on the tenant by the sheriff. The writ informs the tenant that the tenant must leave the rental unit by the end of five days, or the sheriff will forcibly remove the tenant.
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