Tenant Law in California
The relationship between a landlord and tenant in Waterford, California can sometimes be a touchy one. Landlords and tenants are not always clear on their respective rights and responsibilities.
There are many 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 Waterford, CA
Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a specific amount of money for the right to occupy the landlord's property, a contract is formed. Tenants have to hold up their end of the deal.
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 Waterford, CA
At the most basic level, tenants have a basic right to what they're paying for: a habitable living environment. Consequently, landlords in Waterford, California must ensure that the units they rent to tenants meet some basic standards for human habitation. These requirements vary from state to state, but are often fairly easy to meet. There are no legal criteria that rented units be pretty, particularly spacious, or luxurious. They simply have to be fit for human beings to live in them. To be considered "habitable," rented units must have water, electricity, some form of heating (if the local climate necessitates it), and adequate protection from the elements (proper insulation, no roof leaks, windows that close, etc.).
Additionally, 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 Waterford, California, these areas must be kept in a safe condition, at the landlord's expense.
In the United States, and most likely under the statutes of California, it is unlawful for renters or sellers of real estate to discriminate on the basis of race, gender, national origin, color, or religion. Doing so can subject a landlord to harsh civil penalties. Additionally, they cannot discriminate based on physical disabilities, either. Tenants with physical disabilities, who are otherwise qualified to rent an apartment (they are able to pay, have good credit, etc.) are entitled to make reasonable modifications to the apartment to make it more accessible to them, and the landlord generally can't bar a tenant from doing this, as long as the modifications are not too extensive, and are reversible. The landlord can, however, require the tenant to remove the modifications, at the tenant's expense, when they move 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 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 Waterford, California Landlord/Tenant Lawyer Help?
Landlords and tenants typically prefer to avoid getting into fights with one another, for apparent reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Waterford, California landlord/tenant attorney can help defuse arguments before they become too serious.