Sample ESA Letter for Health Care Professional

SAMPLE LANGUAGE FOR HEALTH CARE PROFESSIONAL FOR
REQUEST FOR REASONABLE ACCOMMODATION
FOR SERVICE DOG OR EMOTIONAL SUPPORT ANIMAL

(THIS SHOULD BE ON THE HEALTH CARE PROFESSIONAL’S LETTERHEAD)

I,  [Name of health care professional] ________________________________ , have examined and evaluated [Patient name]_____________________________________. I am familiar with his/her medical history and with the functional limitations imposed by his/her disability.

I have concluded that she/he requires a Service Dog [or Emotional Support Animal].

[Patient name] has certain limitations which affect his/her activities of daily living. To assist in alleviating these difficulties, and to enhance his/her ability to live independently, I am prescribing a service dog [or Emotional Support Animal] that will assist in coping with his/her disability. Therefore his/her request for reasonable accommodation should be granted.

Dated: __________________      ______________________________________________                                                         [Signature and License number of health care professional]

 

 

 

SAMPLE SUBLEASING AGREEMENT

SUBLEASE AGREEMENT

This Sublease Agreement is made between ________________________, the “Sublessor,” and ___________________________, the “Sublessee,” together referred to as the “Parties.”

The Parties agree that the Sublessee shall lease from the Sublessor a portion of the Sublessor’s interest in the apartment located at ________________________________, California (the “Apartment”) on the following terms:

  1. Lease Term. The term of the Lease will be for a period of __________________ , commencing on _________________ and ending on __________________ .
  2. Rent. Sublessee will pay a total monthly rent of $__________. Rent shall be payable on the first day of each month directly to the Sublessor.
  3. Security Deposit. Sublessee will pay $_________ to Sublessor as a security deposit. Deductions that are allowed by California law may be made from the security deposit and the remainder, if any, shall be returned to Sublessee within 21 days of the termination of Sublessee’s tenancy. The security deposit may not be used as last month’s rent.
  4. Termination Notice. Sublessee will provide Sublessor with thirty days written notice prior to the termination of tenancy stating whether Sublessee wants to terminate or renew the Sublease. Sublessee’s tenancy will terminate on ______________ , unless Sublessor and Sublessee sign another written agreement prior to the end of tenancy providing for an additional period of tenancy. Sublessee is not responsible for finding a replacement upon the termination of his/her tenancy.
  5. Sublessee’s Interest in the Apartment. Sublessee is one of ______ tenants occupying the Apartment (the “Tenants”). Sublessee  will  will not share a bedroom with _____________________________. Sublessee  may
     may not share all of the common spaces (e.g., living room, dining room, kitchen, bathroom) equally with the other Tenants.
  6. Overnight Guests. The Sublessee  does  does not need to obtain Sublessor’s permission prior to the stay of any overnight guest(s).
  7. Utility and Telephone Charges. The Sublessee agrees to pay _______% of all utility charges. The Sublessee will pay _______% of the monthly telephone service charges and Sublessee will pay all of those telephone charges for which s/he is directly and individually responsible.
  8. Household Chores. The Tenants will divide all household chores as follows: ____________________________________________________________.

Page 1 of 2

  1. Noise Level. During the hours of ___________, the Tenants will maintain a noise level that will permit all tenants to study.
  2. Smoking. Smoking  is  is not allowed in the Apartment.
  3. Alcohol. Alcohol  is  is not allowed in the Apartment.
  4. Parking Space. The Sublessee agrees that s/he  is  is not entitled to a parking space located at ___________________.

13. Master Lease. In addition to the provisions of this Sublease Agreement, the Sublessee agrees to be bound by all the conditions of the Master Lease (attached) between Sublessor and the landlord, ________________. No representation that is not included here or in the Master Lease shall be binding upon the Parties.

14. Termination of Master Lease. If Sublessor terminates his/her tenancy in the Apartment, Sublessor will provide thirty days notice to Sublessee. Sublessee agrees that if the Master Lease is terminated for any reason, this Sublease Agreement will terminate effective the same date.

15. Condition of the Apartment. Sublessee acknowledges that s/he has examined the Apartment and that it is in good condition  except ______________ __________________________________. Upon the termination of this Sublease Agreement for any cause whatever, Sublessee will leave the Apartment in its original good condition, except for reasonable wear and tear. Sublessee is responsible for the repair of any damage resulting from the act or neglect of Sublessee or those persons who are invitees of the Sublessee.

16. Subleasing and Assignment. Sublessee may not lease, sublease, or assign the Apartment without the prior written consent of the Sublessor.

17. Agreement is Complete and Binding. All preliminary negotiations between the Parties are merged into, and superseded by, the terms of the Lease. This Lease will not be enforceable until signed by both Sublessee and Sublessor. Any modification to this Agreement must be in writing, signed by both Sublessor and Sublessee.

We, the Undersigned, agree to the above stated terms.

Date: _______________ ______________________________ , Sublessor

Date: _______________ ______________________________ , Sublessee

Page 2 of 2

CAN I GET OUT OF MY LEASE BECAUSE OF THE CORONAVIRUS?

COVID-19 and Terminating a Lease

Can I terminate my lease due to COVID-19?

  • Although legal grounds to terminate a lease in CA must be analyzed on a case by case basis, in general the COVID-19 outbreak is NOT a ground to terminate a lease. Similarly, UCSB’s decision to offer only online instruction for spring quarter 2020, financial hardship, and mental distress generally are NOT grounds to terminate a lease.
  • There may be an exception to this general rule. There may be a legal argument favoring termination if the tenant is immunocompromised and there is a greater risk of infection in the rental property than another abode where the tenant could reside (e.g., family residence).   You will need to consult with an attorney to make this legal argument.
  • There may be other legal grounds to support the tenant’s ability to terminate a lease.
    • There is a condition in the apartment that renders it uninhabitable, and the landlord is notified of the condition and fails to repair it. CA Civil Code section 1942.  You should consult an attorney before attempting to terminate your lease using this statute, as this legal ground is not available for most repair issues.
  • Some leases, although not most, have a provision that allows termination if the tenant agrees to pay a fee. Landlords are required to provide a copy of the lease to tenants pursuant to CA Civil Code section 1962.
  • Force majeure clauses are extremely rare in residential leases. They are more commonly found in commercial leases.  If your lease has a force majeure clause, it would need to specifically list pandemic as one of the reasons to trigger the clause.  You should consult an attorney before attempting to terminate your lease on force majeure
  • Tenants who have rental insurance should review their policy to see if it offers any relief in circumstances like a pandemic or where a national emergency has been declared.

What are my options if I do not have legal grounds to terminate my lease?

  • With few exceptions, CA law requires a tenant to pay rent through the end of the term of the lease. You can try to negotiate with your landlord to relieve you of the burden of paying rent, but most landlords are not going to be open to an early termination as they count on rent to pay the mortgage, insurance, and property taxes on the property.
  • When you negotiate with your landlord, be respectful and reasonable. Being angry, rude, or belligerent are not winning techniques.  Explain your situation calmly and thoroughly, and explore any options that the landlord is willing to consider.
  • If the landlord agrees to any changes in the lease terms, you MUST get them in writing. Technically, they are not enforceable unless they are in a writing signed by all parties to the agreement.  An agreement reached via email, text, or social media is a workable alternative if the signed writing is not possible, but be sure to save it in a way that you can access easily if the landlord later backs out of the agreement.
  • One option is to ask the landlord if you can sublease your apartment. Most leases require tenants to get the landlord’s written consent to sublease.  Under CA law, landlords should act in good faith when determining whether to consent to the sublease.  Some landlords require prospective sublessees to go through the application process and have a credit check.

What are the pros and cons of subleasing?

  • It is very important that you have a written sublease to set forth all of the terms of the agreement. UCSB Legal Resource Center has a form sublease agreement for tenants to use on its web site at legal.as.ucsb.edu
  • The biggest advantage of subleasing is that someone else is paying all or part of your rent. But given the large number of students who want to terminate their leases and find sublessees, you likely will need to greatly reduce the amount of rent you will ask your sublessee to pay.  You need to consider whether it is better to get some money to defray the cost of your rent or pay it all yourself.  But there are risks.
  • If you sublease either all or part of your apartment, you still remain liable under the terms of your lease with the landlord. So if your sublessee fails to pay rent or damages the apartment, the landlord will expect you to pay the rent or the cost of repairing the damage.  This is why it is a good idea to ask for a deposit from the sublessee.  Given the number of people looking for sublessees, however, you may have a hard time finding one who is willing to pay a deposit.
  • Because the landlord has no contractual relationship with the sublessee, only you (as a master tenant) have the standing to evict a sublessee. Therefore, if the landlord wishes to evict the sublessee, they will have to evict you (even if you are not at fault).
  • Another possible risk is that the sublessee may not leave the apartment when the lease ends. This is particularly problematic if the sublessee has stopped paying rent.  If the sublessee continues to live in the apartment after the lease terminates, the landlord may decide to file an eviction action.  See the section below for the consequences of an eviction action.
  • If some of your roommates are staying in the apartment, there may be an issue if your roommates do not approve of your sublessee. If you have a roommate agreement, either written or oral, then the terms of the agreement would govern what type of permission may be necessary.

What are the consequences of not paying my rent?

  • If you fail to pay your rent in full, your landlord could decide to file an eviction action called an unlawful detainer (UD), unless the eviction moratorium currently in effect applies. You should consult an attorney before assuming the moratorium applies in your case as this legal defense is not available for every tenant who stops paying their rent, and rent continues to accrue during the moratorium. The landlord can file a UD even if most of the rent has been paid. There are several negative consequences of having a UD filed against you.  Just the filing of the UD can cause your name to be listed on the Unlawful Detainer Registry, which is like a credit reporting agency.  Many CA landlords subscribe to the UD registry and will not rent to people who are listed in in the registry.  In addition, the UD will appear in your credit report if the landlord gets a judgment against you.
  • An eviction does not relieve you of your obligations under the lease. In addition to a court order giving the landlord the right to regain possession of your apartment, the judge will order that you pay rent through the end of the lease or until the landlord finds a replacement tenant.  The court also will order you to pay any costs the landlord incurs in trying to find a replacement tenant.  If your lease has an “attorney’s fees” provision (and most do), then the court will order you to pay the attorney’s fees, up to any limit noted in the lease, and court costs.
  • You and all of your roommates who are on the lease and signed it are jointly and severally liable. Joint and several liability is a legal term that means that each of you is liable for the full amount of the rent and the full amount of any damage to the apartment.  It also would include any guarantors.  So if one of your roommates fails to pay rent, the landlord can look to any or all of the other tenants or guarantors to pay that person’s share of the rent.
  • Joint and several liability also means that the landlord would name all of the tenants and their guarantors in any lawsuit for nonpayment of rent or damage to the apartment or for eviction.
  • Another consequence of joint and several liability is that one tenant cannot terminate the lease if other tenants are staying in the apartment. All tenants who signed the lease are considered to be one unit.
  • Some landlords send accounts where the rent has not been paid in full to collection agencies. The collection agencies can report you to the credit reporting agencies and even sue you.

Where can I get help?

  • Currently registered UCSB students may get legal assistance regarding any landlord-tenant matter from AS UCSB Legal Resource Center. Please book an online appointment. Legal Resource Center is offering appointments Mondays through Fridays by Zoom, FaceTime, Skype and phone; there are no in-person services.
  • Isla Vista community members may also book an online appointment at https://ivtu.as.ucsb.edu/ to get answers to housing questions.

LAST UPDATE MARCH 29, 2020

 

“Hooking Up” and Sexual Assault Today

Dear Students:

We have entered an era where awareness of the legal rules and legal consequences of “hooking up” could prevent legal woes later on. Understanding what is at stake under certain circumstances can put today’s intimate encounters into perspective, and help you to make informed choices in the future.

For information on UC policies and the CA Penal Code regarding sexual assault, please see the attached link.
Sex Assault presentation 2016