Tenant Law in California
The relationship between a landlord and tenant in South San Francisco, 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 South San Francisco, CA
The most important and most apparent 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 South San Francisco, 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 present. Landlords in South San Francisco, California are under a legal duty to make sure that their apartments are habitable. There are various factors that are considered in deciding 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).
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 South San Francisco, California, these areas must be kept in a safe condition, at the landlord's expense.
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.
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 South San Francisco, 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 South San Francisco, California attorney can help you protect your rights.