Tenant Law in California
The relationship between a landlord and tenant in Fresno, California can occasionally be a touchy one. Landlords and tenants are not always clear on their respective rights and obligations.
Tenants and landlords have various 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 Fresno, 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 normally able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.
Landlords also have a right to be paid for damage to the building that a tenant causes, either intentionally or negligently. All 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 Fresno, CA
Most essentially, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to confirm that the units they rent meet Fresno, California's minimum standards for habitability. These requirements are typicallyy 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 contain lobbies, hallways, and stairwells - essentially anything that everyone living in an apartment complex has access to. These common areas must fulfill the building standards of Fresno, California, and must not contain any unnecessary safety hazards.
Under the laws of California, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Moreover, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to permit the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.
And lastly, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord usually can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.
Can a Fresno, California Landlord/Tenant Lawyer Help?
Landlords and tenants generally want to avoid conflict with one another. Nonetheless, conflicts are sometimes unavoidable. If you end up in a major dispute with a landlord or a tenant, a reliable Fresno, California landlord/tenant attorney can help.