Tenant Law in California
The relationship between a landlord and tenant in Laguna Hills, 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 Laguna Hills, 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 typically 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 Laguna Hills, CA
The most basic right of a tenant is the right to a living space that's fit for human habitation. This is, after all, what they're paying the landlord to provide. Landlords in Laguna Hills, California are under a legal duty to make sure that their apartments are habitable. There are several factors that are considered in determining if a unit is habitable or not, but, generally, a unit will not be deemed habitable if it lacks any of the following: running water, electricity, heat, and protection from the elements (such as proper insulation, and windows that close).
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 Laguna Hills, California, and must not contain any unnecessary safety hazards.
In the United States, and most likely under the laws of California, it is unlawful for renters or sellers of real estate to discriminate on the basis of race, gender, national origin, color, or religion. Doing so can subject a landlord to harsh civil penalties. Also, they cannot discriminate based on physical disabilities, either. Tenants with physical disabilities, who are otherwise qualified to rent an apartment (they are able to pay, have good credit, etc.) are entitled to make reasonable modifications to the apartment to make it more accessible to them, and the landlord generally can't bar a tenant from doing this, as long as the modifications are not too extensive, and are reversible. The landlord can, however, require the tenant to remove the modifications, at the tenant's expense, when they move out.
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 Laguna Hills, California Landlord/Tenant Lawyer Help?
Landlords and tenants almost always prefer to avoid conflict. In a perfect world, tenants would pay rent on time, and landlords would always provide the services that they're being paid for. As we know, the world isn't perfect. When circumstances demonstrate the world's imperfection, a Laguna Hills, California real estate attorney can help, whether you're a landlord or a tenant.