Tenant Law in California
The relationship between a landlord and tenant in Napa, California can sometimes be a touchy one. Landlords and tenants are not always clear on their respective rights and responsibilities.
There are several 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 Napa, 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 Napa, 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 live. In Napa, 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 adequate protection from the elements. There are several more factors that can be considered, as well, but those are some of the basics.
Additionally, tenants have rights to common areas that are free of physical obstructions, as well as serious health and safety hazards. Common areas are the places in apartment buildings and other residential complexes which every tenant can access, and include hallways, stairwells, and fire escapes. In Napa, California, these areas must be kept in a safe condition, at the landlord's expense.
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.
Finally, the laws of most states protect tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).
Can a Napa, California Landlord/Tenant Lawyer Help?
Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Napa, California attorney can certainly help his or her client prevail in such a dispute, they may be more valuable for their ability to help prevent such disputes from escalating in the first place.