Tenant Law in California

The relationship between a landlord and tenant in Sebastopol, 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 Sebastopol, CA

The most important and most discernible 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 also 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 Sebastopol, CA

The most basic right of a tenant is the right to a living space that's fit for human habitation. This is, after all, what they're paying the landlord to provide. Landlords in Sebastopol, California are under a legal duty to make sure that their apartments are habitable. There are several factors that are considered in determining if an unit is habitable or not, but, generally, an unit will not be deemed habitable if it lacks any of the following: running water, electricity, heat, and protection from the elements (such as proper insulation, and windows that close).

Tenants also have a right to ensure that the common areas of their apartment building are reasonably safe. Landlords are required to make sure that the common areas of their buildings meet Sebastopol, California's building codes, and that there are no conditions that create unnecessary safety hazards. They are required to make, at their own expense, the necessary repairs.

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. Furthermore, 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. However, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.

And finally, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord generally 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 Sebastopol, California Landlord/Tenant Lawyer Help?

Landlords and tenants usually prefer to avoid getting into fights with one another, for discernible reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Sebastopol, California landlord/tenant attorney can help defuse arguments before they become too serious.