Tenant Law in California
The relationship between a landlord and tenant in Foster City, California can sometimes be a touchy one. Landlords and tenants are not always clear on their respective rights and responsibilities.
Tenants and landlords have several 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 Foster City, 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.
Landlords also have a right to be compensated for damage to the building that a tenant causes, either intentionally or negligently. Any damage caused by a tenant, besides reasonable wear and tear, can be billed, and the landlord can deduct from the tenant's security deposit to pay for repairs.
Tenant's Rights in Foster City, CA
Most basically, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to ensure that the units they rent meet Foster City, California's minimum standards for habitability. These requirements are normallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.
In addition to habitable living spaces, tenants also have a right to reasonably safe common areas. Common areas include lobbies, hallways, and stairwells - basically anything that everyone living in an apartment complex has access to. These common areas must meet the building standards of Foster City, California, and must not contain any unnecessary safety hazards.
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 severe 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 example, 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.
Tenants are also legally protected from unfair eviction. Before a lease agreement expires, landlords cannot evict tenants unless they breach as significant term of the agreement by not paying rent, causing serious damage to the property, engaging in activities that are a nuisance to the other tenants, or engaging in illegal activity on the property, among other things.
Can a Foster City, California Landlord/Tenant Lawyer Help?
Whether you are a landlord or a tenant, chances are that you want to avoid conflict. But if you do end up in a seemingly irresolvable conflict with the other party, a Foster City, California attorney can help you protect your rights.