Active Outline

General Information

Course ID (CB01A and CB01B)
PARAD089.
Course Title (CB02)
Landlord Tenant Law
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2024
Course Description
California law relating to creation of landlord/tenant relationship; legal rights of landlords; legal rights of tenants; eviction proceedings.
Faculty Requirements
Course Family
Not Applicable

Course Justification

This course is in a CTE program and is CSU transferable. It was developed in response to a recommendation from the advisory board for a course that explains the law and practice in the area of residential and commercial tenancy. This course belongs on the certificate and degree programs in Paralegal Studies. This course was developed to train students to assist in the law office in its representation of landlords and tenants.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

ADMJ D009. or PARA D009. or POLI D009. or PARA D094. (either course may be taken concurrently) or professional experience appropriate to the topic

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

Discussion and problem solving performed in class

In-class essays

Homework and extended projects

Collaborative learning and small group exercises

Assignments

  1. Oral
    1. Preparation for group discussion of course content
    2. Preparation for individual and/or group presentations of course material
  2. Written
    1. Preparation of legal documents such as simple rental agreement, Unlawful Detainer litigation and forms to enforce judgment
    2. Analysis of selected case law and statutes
    3. Analysis of hypothetical factual situations in light of legal principles
  3. Reading
    1. Assigned readings from text and other references, including selected court opinions
    2. Selected California statutes

Methods of Evaluation

  1. Oral and written assignments where students will demonstrate the ability to prepare competent lease agreements and properly prepare an unlawful detainer action.
  2. Midterm and final written examinations containing objective and essay questions testing student knowledge on the substantive law and procedures.
  3. Participation in class discussions showing student ability to discuss course content and present group reports.

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None
Essential College Facilities:
  • None

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Brown, David, Portman, Janet and Rosenquest, Nils. "The California Landlord's Law Book: Rights & Responsibilities", 17th Ed., Berkeley, California: Nolo Press, 2017.
"California Tenants - A Guide to Residential Tenants' and Landlords' Rights and Responsibilities", 2012 Ed., State of California Department of Consumer Affairs, 2012.

Examples of Supporting Texts and References

AuthorTitlePublisher
Portman, Janet & Weaver, J. Scott. "California Tenants' Rights", 20th Ed., Berkeley, California: Nolo Press, 2016.
Brown, David & Rosenquet, Nils. "The California Landlord's Law Book: Evictions", 17th Ed., Berkeley, California: Nolo Press, 2017.

Learning Outcomes and Objectives

Course Objectives

  • Describe the landlord tenant relationship
  • Analyze the rights and obligations of a landlord and a tenant
  • Compare and contrast state and federal laws prohibiting discrimination based on disability, sex, race, color or religion
  • Evaluate and draft leases
  • Explain the legal liability of landlords for injuries to tenants and third parties
  • Describe methods of terminating tenancies
  • Analyze circumstances and prerequisites justifying Unlawful Detainer Actions under California law
  • Draft documents and outline procedures for prosecuting Unlawful Detainer Actions in California
  • Draft documents and outline procedures for defending Unlawful Detainer Actions in California
  • Analyze factual situations for potential retaliatory eviction actions

CSLOs

  • Analyze the rights and obligations of landlords and tenants in California.

  • Outline the procedures for prosecuting an Unlawful Detainer action in California.

Outline

  1. Describe the landlord tenant relationship
    1. Estate for years
    2. Tenancy at sufferance
    3. Other relationships distinguished
      1. License
      2. Guest or lodger
  2. Analyze the rights and obligations of a landlord and a tenant
    1. Rent
    2. Rent control ordinances
    3. Possession and use of premises
    4. Repairs and maintenance
    5. Implied warranty of habitability
    6. Statutory rights of tenant in case of landlord default
    7. Special requirements for multi unit rentals
  3. Compare and contrast state and federal laws prohibiting discrimination based on disability, sex, race, color or religion
    1. State statutory law
      1. Fair Employment Housing Act (California Government Code Section 12927 et seq.)
      2. Unruh Civil Rights Act California (California Civil Code section 51 et seq.)
    2. Federal statutory law
      1. Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.)
      2. Administrative rules of Housing Authorities
    3. Current state and federal case law
  4. Evaluate and draft leases
    1. Nature and requirements of leases
    2. Commercial vs. residential leases
    3. Drafting techniques
    4. Execution and delivery of leases
    5. Recording leases
    6. Statute of Frauds
    7. Assignment and subleases
    8. Ethical requirements of attorney supervision and the unauthorized practice of law
  5. Explain the legal liability of landlords for injuries to tenants and third parties
    1. Laws relating to liability to tenant
    2. Laws relating to liability to third parties
    3. Agreements limiting liability
  6. Describe methods of terminating tenancies
    1. How tenants terminate tenancies
    2. How landlords terminate tenancies
    3. Drafting notices to terminate
    4. Handling security deposits
  7. Analyze circumstances and prerequisites justifying Unlawful Detainer Actions under California law
    1. Circumstances justifying
      1. Non payment of rent
      2. Other breaches of rental agreement
    2. Preliminary notice requirements
  8. Draft documents and outline procedures for prosecuting Unlawful Detainer Actions in California
    1. Locating and drafting Judicial Council Forms
    2. Preparing and serving lawsuit
    3. Procedures in event of default
    4. Conducting discovery in contested case
    5. Preparing for trial
  9. Draft documents and outline procedures for defending Unlawful Detainer Actions in California
    1. Evaluating the complaint
    2. Preparing the answer
    3. Conducting discovery
    4. Preparing for trial
  10. Analyze factual situations for potential retaliatory eviction actions
    1. Legal basis for retaliatory eviction
    2. Overview of case law resulting in liability for retaliatory eviction
    3. Factual requirements for cause of action based on retaliatory eviction
    4. Relationship between landlord and tenant as affected by economic, social and cultural factors
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