California Landlord Tenant Rights

Know The California Landlord Tenant Rights

According to California law, under a lease contract, tenants have certain rights that every landlord should know as a critical part of their responsibility to abide by and to avoid any legal issues.

Equally so, landlords have rights to their property that if not followed, could result in an eviction for a tenant.

Landlord Responsibilities

1. Essentials

Landlords must provide and maintain functioning plumbing, heating and electrical. In addition, hot and cold running water be must be accessible to tenants. Windows must be unbroken and able to be secured properly.

2. Repairs

Tenants can request repairs by giving landlord written notice. The landlord must address these repairs within 30 days, with the exception of emergency situations. When tenants make these requests, tenants must give landlords access to the property to make these repairs. Landlords must give tenants at least 24 hour written notice to enter the property.

If maintenance requests are not addressed within a timely manner, tenants in California can withhold rent until the repairs have been made. In addition, tenants also have the right to make the repairs themselves and deduct the price from their monthly rent although this cannot be done more than twice per year. Tenants also have the right to take legal action if the property is unsafe or not habitable or abandon the property without legal recourse.

3. Disclosures

Landlords must disclosure certain aspects of the property that can affect the habitability of the property. These disclosures include lead-based paint, for properties built prior to 1978, asbestos and known carcinogens, methamphetamine manufacturing and death of the prior tenant in the rental unit.

Tenant Responsibilities

In addition to paying rent on time, California tenants must abide by the following.

1. Essentials

Tenants are expected to keep the property clean and in a habitable condition. Making small repairs and maintaining the property on a day to day basis. Tenants are responsible for not disturbing the neighbors or other tenants that live at the property.

2. Rent Payment

If a tenant fails to pay rent by the time that it is due, a landlord may serve a 3-Day Notice to Pay or Quit. Although, many landlords implement a grace period for late payments, tenants are responsible for ensuring payments are received on time and in the form of payment requested by the landlord.

3. Illegal Acts

If a landlord has documented illegal activity happening on the property, a 30-Day Unconditional Notice to Quit. If a tenant does not vacate the premises, the landlord can take action to submit a formal eviction to force the tenant to leave.

California’s landlord and tenant laws are some of the most detailed laws in the country. It is important to understand them fully if you are a landlord or a tenant.



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