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  1. #1
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    Default Can a Tenant Solicit Other Tenants

    My question involves landlord-tenant law in the State of: California.

    I live in an apartment complex. Do I have the right to pass out a piece of paper to other tenants reminding them of their rights as a tenant? I am thinking primarily about landlord entry laws. I want to show the tenants what the law (Civil Code 1954 and RCW 59.18.150) actually says, because it would seem that the managers have been violating this law, since they have not been giving more precise time frames when they will be entering. I started to pass out the small home-made forms, but soon discovered that there are signs here against soliciting. Would the soliciting law apply to me in this context? Thanks.

  2. #2
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    Default Re: Can a Tenant Solicit Other Tenants

    You have the right to pass out the material.

    You can even form a tenants' association, have meetings, collect dues that the association can use to obtain legal advice on landlord tenant matters.

    The landlord can't say boo about any of that.

    By the way, why are you referencing an RCW (Washington State) if you are in California.

    Civil code 1954 is correct for California. In fact, tenants should be aware of and study the entire landlord tenant statute starting at Section 1940:

    http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

    There's also a guide published by the CA Dept of Consumer Affairs that makes for easier reading but cites statutes and case law:

    http://www.dca.ca.gov/publications/l...k/catenant.pdf

    However, make sure you use the exact statutory wording if you have to quote something to a landlord.

  3. #3
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    Default Re: Can a Tenant Solicit Other Tenants

    That was a great response. The reason I cited RCW, is because someone sent it to me saying it was the law. They didn't specify the state. I am very familiar with Civil Code 1954. With regard to soliciting, can you reference any specific laws showing my right to do this in California? Thanks

  4. #4
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    Default Re: Can a Tenant Solicit Other Tenants

    Laws are restrictive, not permissive.

  5. #5
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    Default Re: Can a Tenant Solicit Other Tenants

    Quote Quoting alberto
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    That was a great response.
    Turns out that it wasn't so great.

    According to the California Supreme Court a tenant's association (and, by extension, a tenant) does not have a right to distribute leaflets in the apartment complex under Article I, Section 2, Subdivision (a) of the California Constitution (Freedom of Speech) Golden Gateway v. Golden Gateway Tenants Ass'n, 29 P. 3d 797 - Cal: Supreme Court 2001

    http://scholar.google.com/scholar_ca...=en&as_sdt=4,5

    The case involved a landlord prohibiting the distribution of leaflets within the apartment complex. You can read the whole decision but it's long so I'll quote some of the highlights:

    Golden Gateway also promulgates building standards incorporated by reference in every residential lease agreement. At all relevant times, these standards banned all solicitation in the building. As part of their lease agreements, all residential tenants agree to abide by these standards, and Golden Gateway retains the right to "make amendments to the Building Standards and adopt further Building Standards as in Owner's opinion are reasonable or desirable for the proper and orderly care, use and operation of the Apartment and Building and its grounds. . . ."

    The litigation started when:

    Golden Gateway revised its building standards. The revised standards stated in relevant part: "Any solicitation within the building is absolutely forbidden. This includes, for example, solicitation for profit, political purpose or any other reason, whether in writing or in person . . . Leafleting within the building is absolutely forbidden. This includes, for example, posting leaflets or notices anywhere in the buildings other than on the bulletin boards located in the laundry rooms, sliding leaflets or other papers underneath tenants' doors, placing leaflets or other papers on or about tenants' doors, or leaving multiple copies of leaflets or other papers in any common areas. The only exception to this rule is where a tenant specifically requests that papers be delivered to him or her either under or in front of his or her door. . . ." Golden Gateway mailed a copy of the new standards to each residential tenant and explained that each tenant must comply with these standards pursuant to his or her lease agreement.

    That section is important because it points out a "contractual" issue that you'll need to explore. The tenants at Golden Gateway signed leases allowing the prohibition of solicitation and allowing Golden Gateway to change the rules as Golden Gateway deemed appropriate and the tenants agreed to obey any such changes.

    The court concludes by saying:

    In closing, we emphasize that our decision today does not give apartment owners carte blanche to stifle tenant speech. Tenants may still have remedies under conventional property law principles. (See Lobsenz & Swanson, The Residential Tenant's Right to Freedom of Political Expression (1986) 10 U. Puget Sound L.Rev. 1, 45.) Moreover, many statutes and ordinances serve to protect tenants against unreasonable lease provisions and restrictions. (See, e.g., Civ.Code, §§ 1942.5, 1942.6, 1953.)

    The first place you look for an answer is in your lease. What does your lease say about solicitation and does it define solicitation? What does it say about obeying the apartment complex's rules and regulations? Especially subsequent changes in rules and regulations not specifically addressed in the lease.

    In the Golden Gateway case there was no distinction made between soliciting and distributing information. The issue was rules and the contractual obligation to obey them.

    Your assignment is to study your lease and see what kind of contractual obligation you actually have. Quote the provisions here if you'd like to continue the discussion.

    Bottom line, though, is that if you signed a contract allowing management to make rules that you agree to obey you might be stuck if management doesn't take kindly to your distribution of information and makes a rule that says nobody can do that.

  6. #6
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    Default Re: Can a Tenant Solicit Other Tenants

    Quote Quoting adjusterjack
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    Your assignment is to study your lease and see what kind of contractual obligation you actually have. Quote the provisions here if you'd like to continue the discussion.
    The problem is that some leases are not on par with the law. I passed out a few self-made flyers, but instantly stopped when I saw a sign forbidding soliciting.

  7. #7
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    Default Re: Can a Tenant Solicit Other Tenants

    Quote Quoting alberto
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    The problem is that some leases are not on par with the law.
    How so?

    The "law" doesn't dictate the form and format of a lease although it might specify some prohibited provisions.

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