Tenant Law in California
The relationship between a landlord and tenant in Ojai, California can occasionally be a touchy one. Landlords and tenants are not always clear on their respective rights and obligations.
There are various 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 Ojai, 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 paid for damage to the building that a tenant causes, either intentionally or negligently. All 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 Ojai, CA
Most essentially, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to confirm that the units they rent meet Ojai, California's minimum standards for habitability. These requirements are normallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.
Additionally, 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 Ojai, California, these areas must be kept reasonably clean and safe.
Under the laws of California, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Additionally, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to authorize the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.
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 Ojai, California Landlord/Tenant Lawyer Help?
Whether you are a landlord or a tenant, chances are that you want to prevent conflict. But if you do end up in a seemingly irresolvable conflict with the other party, a Ojai, California attorney can help you protect your rights.