Appendix 5 - Legally Required Text Of Notices
"MEGAN'S LAW" NOTICE
Civil Code Section 2079.10a. (The notice used must be in at least 8-point type.)
Language required from July 1, 1999 to August 31, 2005:
Notice: The California Department of Justice, sheriff's departments, police departments serving jurisdictions of 200,000 or more, and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a "900" telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the "900" telephone service.
Language required from September 1, 2005 to March 31, 2006: Either the language above or as follows.
Language required on and after April 1, 2006:
Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.
24 Code of Federal Regulations Section 35.92. (This notice must be in the language used in the contract, for example, English or Spanish.)
LEAD WARNING STATEMENT
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
LEAD DISCLOSURE STATEMENT (See "When You Have Decided to Rent")
Required by 24 Code of Federal Regulations Section 35.92. (This notice must be in the language used in the contract, for example, English or Spanish.)
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
(Printer Friendly Copy of Disclosure)
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i)______ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain) ________________________________________________________________________
(ii) _____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the lessor(check (i) or (ii) below):
(i) ______ Lessor has provided the lessee with all available
records and reports pertaining to lead-based paint and/or lead-based paint
hazards in the housing (list documents below).
(ii) _____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Lessee's Acknowledgment (initial)
(c) ________ Lessee has received copies of all information listed above.
(d) ________ Lessee has received the pamphlet Protect Your Family from Lead in Your Home.
Agent's Acknowledgment (initial)
(e) ________ Agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
CONDOMINIUM CONVERSION NOTICE(See "When You Have Decided to Rent" )
Government Code Section 66459. (This notice must be printed in at least 14-point bold type.)
TO THE PROSPECTIVE TENANTS OF Printer Friendly Copy of Notice
The unit you may rent has been approved for sale to the public as a condominium project, community apartment project or stock cooperative project (whichever applies). The rental unit may be sold to the public, and, if it is offered for sale, your lease may be terminated. You will be notified at least 90 days prior to any offering to sell. If you still lawfully reside in the unit, you will be given a right of first refusal to purchase the unit.
(signature of owner or owner's agent)
WAIVER OF RIGHT TO RECEIVE COPIES OF INVOICES, RECEIPTS, OR GOOD FAITH ESTIMATE
See Refunds of Security Deposits
Civil Code Section 1950.5(g)(2) (as of January 1, 2011). (If the tenant waives the right to receive copies of invoices, receipts, or a good faith estimate with the landlord's itemized statement of deductions from the tenant's security deposit, the waiver must "substantially include" this text of the security deposit statute.)
(g)(2) Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by
the landlord to repair or clean the premises,
(A) If the landlord or landlord's employee did the work, the itemized statement shall reasonably describe the work performed. The itemized statement shall include the time spent and the reasonable hourly rate charged.
(B) If the landlord or landlord's employee did not do the work, the landlord shall provide the tenant a copy of the bill, invoice, or receipt supplied by the person or entity performing the work. The itemized statement shall provide the tenant with the name, address, and telephone number of the person or entity, if the bill, invoice, or receipt does not include that information.
(C) If a deduction is made for materials or supplies, the landlord shall provide a copy of the bill, invoice, or receipt. If a particular material or supply item is purchased by the landlord on an ongoing basis, the landlord may document the cost of the item by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit.
LAWFUL USES OF TENANT'S SECURITY DEPOSIT
See Refunds of Security Deposits
Civil Code Sections 1950.5(b)(1)-(4) (as of January 1, 2011). (This text of the security deposit statute must accompany the landlord's itemized statement of repairs or cleaning.)
(b) As used in this section, "security"; means any payment, fee, deposit or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following:
(1) The compensation of a landlord for a tenant's default in the payment of rent.
(2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.
(3) The cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy. The amendments to this paragraph enacted by the act adding this sentence shall apply only to tenancies for which the tenant's right to occupy begins after January 1, 2003.
(4) To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.