Tenant Law in California
The relationship between a landlord and tenant in Morro Bay, 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 Morro Bay, 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 liable for damage resulting from ordinary wear and tear.
Tenant's Rights in Morro Bay, 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 Morro Bay, 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, a 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.
Furthermore, tenants are entitled to common areas that are reasonable safe and sanitary. The common areas of an apartment building would contain lobbies, laundry rooms, stairwells, hallways, and fire escapes (essentially, any part of the building which all of the tenants can access). In Morro Bay, California, these areas must be kept reasonably clean and safe.
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 also not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.
Tenants are also legally safeguarded 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 Morro Bay, California Landlord/Tenant Lawyer Help?
Landlords and tenants almost always prefer to prevent 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 Morro Bay, California real estate attorney can help, whether you're a landlord or a tenant.