Tenant Law in California
The relationship between a landlord and tenant in Monrovia, California can occasionally be a touchy one. Landlords and tenants are not always clear on their respective rights and obligations.
There are numerous rights and responsibilities that landlords and tenants have. It's important that each party is aware of their rights, and the rights of the other party. By knowing and respecting these rights, the risk of conflict should be reduced dramatically.
Landlord's Rights in Monrovia, CA
The most important and most obvious right that a landlord has is the right to timely payment of rent from the tenant. This, of course, means that the tenant has a duty to pay rent.
Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not accountable for damage resulting from ordinary wear and tear.
Tenant's Rights in Monrovia, CA
Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to reside. In Monrovia, California, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and acceptable protection from the elements. There are numerous more factors that can be considered, as well, but those are some of the basics.
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 Monrovia, California, and must not contain any unnecessary safety hazards.
A tenant also has a right, under federal law and the laws of California to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can further not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.
Lastly, tenants are legally protected from arbitrary eviction. Landlords typically must have a very good reason to evict a tenant before the lease agreement reaches the end of its term (at this point, they are of course allowed to decline to renew the lease). Of course, if the tenant breaches the lease agreement (such as by failing to pay rent, damaging the property, or violating other reasonable rules the landlord has put in the lease), the landlord, like a party to any other contract, is free to terminate the agreement and evict the breaching tenant.
Can a Monrovia, California Landlord/Tenant Lawyer Help?
Landlords and tenants normally prefer to avoid getting into fights with one another, for obvious reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Monrovia, California landlord/tenant attorney can help defuse arguments before they become too serious.