Tenant Law in California

The relationship between a landlord and tenant in San Luis Obispo County, 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 San Luis Obispo County, 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.

They additionally have a right to compensation for any damage that a tenant causes, beyond ordinary wear and tear. Landlords are free to bill the tenants for repairs to damage they caused, and deduct the cost from the security deposit.

Tenant's Rights in San Luis Obispo County, 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 San Luis Obispo County, California's minimum standards for habitability. These requirements are typicallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.

Moreover, 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 San Luis Obispo County, California, these areas must be kept reasonably clean and safe.

Tenants also have rights, under federal and California law, to not be victims of racial, ethnic, or gender discrimination in housing, whether they are renting or buying. Moreover, landlords are not allowed to discriminate against tenants based on physical disabilities. They must also allow physically-disabled tenants to make reasonable modifications to the apartment to make it more accessible. Nonetheless, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.

Lastly, tenants are legally protected from arbitrary eviction. Landlords usually 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 San Luis Obispo County, California Landlord/Tenant Lawyer Help?

Landlords and tenants typically 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 San Luis Obispo County, California landlord/tenant attorney can help defuse arguments before they become too serious.