Tenant Law in California
The relationship between a landlord and tenant in National City, 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 National City, CA
The most important and most evident 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 responsible for damage resulting from ordinary wear and tear.
Tenant's Rights in National City, 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 National City, 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.
Furthermore, 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 National City, 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 additionally not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.
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 National City, California Landlord/Tenant Lawyer Help?
Landlords and tenants typically prefer to avoid getting into fights with one another, for evident reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good National City, California landlord/tenant attorney can help defuse arguments before they become too serious.