Tenants Guide to Translation of Proposed Rental Agreement

Welcome back! What did you think of our Property Management Software? Are you subscribed to our feed and receiving email updates?

A landlord and a tenant may negotiate primarily in Spanish, Chinese, Tagalog, Vietnamese or Korean for the rental, lease, or sublease of a rental unit. In this situation, the landlord must give the tenant a written translation of the proposed lease or rental agreement in the language used in the negotiation before the tenant signs it.63 This rule applies whether the negotiations are oral or in writing. The rule does not apply if the rental agreement is for one month or less.

The landlord must give the tenant the written translation of the lease or rental agreement whether or not the tenant requests it. The translation must include every term and condition in the lease or rental agreement, but may retain elements such as names, addresses, numerals, dollar amounts and dates in english. It is never sufficient for the landlord to give the written translation of the lease or rental agreement to the tenant after the tenant has signed it.

However, the landlord is not required to give the tenant a written translation of the lease or rental agreement if all of the following are true:

• The Spanish-, Chinese-, tagalog-, Vietnamese-, or Korean-speaking tenant negotiated the rental agreement through his or her own interpreter; and
• The tenant’s interpreter is able to speak fluently and read with full understanding english, as well as Spanish, Chinese, Tagalog, Vietnamese, or Korean (whichever was used in the negotiation); and
• The interpreter is not a minor (under 18 years of age); and
• The interpreter is not employed or made available by or through the landlord.

If a landlord who is required to provide a written translation of a lease or rental agreement in one of these languages fails to do so, the tenant can rescind (cancel) the agreement.64

63 Civil Code Section 1632(b). The purpose of this law is to ensure that the Spanish-, Chinese-, Tagalog-, Vietnamese-, or Korean-speaking person has a genuine opportunity to read the written translation of the proposed agreement that has been negotiated primarily in one of these languages, and to consult with others, before signing the agreement.

64 Civil Code Section 1632(k). See Civil Code Section 1688 and following on rescission of contract.

This is a blog post for Real Estate Professionals, Investors, Landlord, Property Manager, and Property Management Companies. Tenants Guide to Translation of Proposed Rental Agreement is brought to you by SimplifyEm Pay Rent Online and Property Management Software

You might also want to read:

1. Tenants Guide to Landlord Terminating Tenancy A landlord can terminate (end) a month-to- month tenancy simply by giving the tenant 30 days’ or 60 days’ advance written notice. However, the landlord can terminate the tenancy by......
2. Tenant Guide to Residential Written Rental Agreement Between Tenants and Landlords When Tenants and Landlords are involved in renting a rental unit, they have the choice of written rental agreement. A written rental agreement is a periodic rental agreement that has......
3. Tenant Guide to Residential Rental Agreements and Rental Leases Before you decide on a rental unit, there are several other points to consider. For example: Is an oral rental agreement legally binding? What are the differences between a lease......

Tagged as: Landlord, landlord software, online rent payment, Pay Rent, pay rent online, Property Management, property management accounting software, Property Management Software, Property Manager, real estate, rental management, rental management software, rental property management software, rental property software, rental property tax deduction, rental software, software for property management, Tenant, translation rental agreement