Landlord and Tenant Lawyers in Del Mar

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Del Mar Landlord & Tenant Lawyers, CA

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Landlord and Tenant Law in California

The relationship between a landlord and tenant in Del Mar, California can occasionally be a touchy one. Landlords and tenants are not always clear on their respective rights and obligations.

Tenants and landlords have numerous legal rights and responsibilities. In general, these rights don't conflict with one another, as long as both parties are clear about what they are, and act accordingly.

Landlord's Rights in Del Mar, CA

Landlords are, of course, entitled to collect rent from their tenants. If a tenant fails to pay the agreed-upon rent, the landlord is usually able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.

Additionally, landlords can bill the tenant for any damage they cause to the unit, whether it was intentional or negligent. The costs of repairs for such damage can be deducted from a tenant's security deposit, but it should be noted that tenants aren't accountable for normal wear and tear, over which they have little control.

Tenant's Rights in Del Mar, CA

At the most basic level, tenants have a basic right to what they're paying for: a habitable living environment. Thus, landlords in Del Mar, California must ensure that the units they rent to tenants meet some basic standards for human habitation. These requirements vary from state to state, but are often fairly easy to meet. There are no legal standards that rented units be pretty, particularly spacious, or luxurious. They simply have to be fit for human beings to live in them. To be considered "habitable," rented units must have water, electricity, some form of heating (if the local climate necessitates it), and adequate protection from the elements (proper insulation, no roof leaks, windows that close, etc.).

Furthermore, tenants have rights to common areas that are free of physical obstructions, as well as serious health and safety hazards. Common areas are the places in apartment buildings and other residential complexes which every tenant can access, and include hallways, stairwells, and fire escapes. In Del Mar, California, these areas must be kept in a safe condition, at the landlord's expense.

Under federal and California law, tenants are also entitled to protection against discrimination in housing based on race, color, religion, marital status, or gender. Such discrimination can lead to grave civil penalties against the landlord. Landlords further cannot discriminate against tenants based on physical disability, and have to make reasonable accommodations for physically disabled tenants. For instance, they have to allow disabled tenants to make minor physical alterations to the unit (at the tenant's expense) to make it more accessible. Now, they don't need to allow the tenants to have the building remodeled. We're just talking about things like installing handrails in the bathroom, and similar things. The landlord can, however, require tenants to restore the apartment to its original condition, at the tenant's expense, once the tenant leaves.

Lastly, the laws of most states safeguard tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).

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Can a Del Mar, California Landlord/Tenant Lawyer Help?

Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Del Mar, California attorney can definately help his or her client prevail in such a dispute, they may be more essential for their ability to help prevent such disputes from escalating in the first place.

17 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Del Mar

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Life in Del Mar

Del Mar is located in San Diego County, California. With a smaller population of about 4,500, Del Mar is an upscale city known for its beautiful beaches and legendary surfing.  The name "Del Mar" means "by the sea" or "of the sea", as it is located directly on the Pacific Coast.  The city was mentioned in the Beach Boys hit song, "Surfin' USA". 

Del Mar is home to several beaches which are known as excellent surfing spots.  In particular, 15th Street Beach in Del Mar was listed as #4 on Time Magazine's list of "100 Greatest Beaches in the World".  Other beach sites include Torrey Pines State Beach and North Beach, affectionately known as "Dog Beach" by the many dog owners who frequent the area.

Del Mar, California is also famous for being the home to the annual San Diego County Fair.  The fair is one of the most popular summer fairs in all of California and is held at the Del Mar Fairgrounds.  The Fairgrounds also houses the Del Mar Racetrack.  In addition to the world-class beaches at Del Mar, the area is an excellent site for employment, with top hirers such as Kitchen 1540 and Pacifica Del Mar.

Lawyers in Del Mar, California handle a variety of different legal claims and disputes.  Legal inquiries can be directed to an experienced Del Mar lawyer.  Del Mar lawyers typically represent clients at the nearby Superior Court of California, County of San Diego.

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