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Renters Laws CaliforniaCalifornia renters rights and responsibilities are set out in the renters laws for California, as is the landlord rights and duties. Tenant rights California may differ from situation to situation because the rental rights condo, apartment tenant rights and home rental rights are sometimes specified in California renters rights laws. Renters laws in California also address special situations such as renting a home in a mobile park, renting a space in a RV park, renting a residential unit in a motel or hotel, or being a lodger in a private residence. Renters laws in California also specifically address transitional housing which is provided to previously homeless people.
The renters laws of California may also show differences in California renters rights according the term of a lease or rental agreement. For instance, the length of notice to make changes to the agreement or to evict a tenant may be different for a month-to-month contract when compared to a week-to-week agreement.
Also, tenant rights California may differ from area to area because of local ordinances that govern landlord tenant relationships in the particular area. In other words, Los Angeles renters rights may be somewhat different from San Francisco renters rights because of the affect of local ordinances.
Basically, there are three levels of law that influence California renters rights – federal, state and local. In any situation, federal laws take precedence followed by state California renters rights and then local ordinances. Federal laws ensure equal opportunity of housing across America. State laws line out the basic renters laws in California, and local ordinances are developed to address specific concerns in the area in regard to landlord tenant relationships. State and local ordinances cannot contradict federal law and local ordinances cannot contradict the state renters laws of California; however, they can be stricter.
Because of the different levels of California renters rights and the differences between rental rights condo, apartment tenant rights and home rental rights and special rental arrangements, it is imperative to consult with an attorney who specializes in renters laws in California if you need information about California renters rights. Otherwise, understanding California renters rights and determining which renters laws of California apply to the situation in question can be extremely confusing.
Basic California Renters Rights under Renters Laws CaliforniaA basic summary of California renters rights are provided below simply to give you some idea of the tenant rights California as governed by renters laws California. The information provided should not be construed as legal or professional advice as it is incomplete and does not provide exceptions. It is also important to realize that rental rights condo, apartment tenant rights and home rental rights may differ as well as the tenant rights California related to specific cities that are subject to rent control. Los Angeles renters rights may be different from San Francisco renters rights as well as other city specific tenant rights in California.
In general, California renters rights prevent discrimination and harassment based on race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, physical or mental disability, medical condition, or personal characteristics. Renters laws in California also prevent discrimination against prospective renters with children with the exception of housing for senior citizens. There are also some exceptions to the preventive discrimination laws when renting a single room or choosing a roommate is concerned under renters laws of California.
Tenant rights California include limits on security deposits, limits on entry into the rental unit by the landlord, the right to receive a refund of the security deposit and/or an accounting on use of the deposit after the end of tenancy, the right to make serious repairs (as defined in California renters rights) if the landlord fails to, rights to the rental unit being habitual, the right to withhold rent in some circumstances (as defined in renters laws California), and the tenant is protected against retaliatory eviction.
Renters laws in California permit the landlord to retain a security deposit to cover unpaid rent, damages to the rental property or furnishings, unreturned keys, as well as cleaning fees if the property is left unclean. This type of security deposit cannot be declared non-refundable. In addition to the security deposit, the landlord can require an application screening fee which can be non-refundable.
The amount of the security deposit that can be required is limited by California renters rights and they may be even more stringent in communities that have rent control ordinances. For instance, Los Angeles renters rights and San Francisco renters rights may be different because they are cities that have rent control ordinances.
Generally, California rental rights set limits on security deposits in regard to unfurnished rental units in which the amount of the security cannot exceed two months rent. There is an exception in that if you have a waterbed, the limit is two and a half months rent. When a furnished rental unit is considered under California rental rights, the security deposit can be up to three months rent and if a waterbed will be in the unit, it can be three and a half months rent.
California rental rights also allow the landlord to require payment of the first months rent in addition to the security deposit at the beginning of tenancy.
Tenant rights California allow the tenant the right to receive a refund of the security deposit or an itemized statement of the deductions with invoices and receipts within 21 days after tenancy ends. California rental rights permits the landlord to make deductions from the security deposit for four reasons – 1) for unpaid rent; 2) for cleaning the unit; 3) to repair damages made during the tenancy; 4) restoring or replacing furniture or personal property such as keys. Tenant rights California prevent the landlord from withholding security deposit funds due to normal wear and tear.
California renters rights do include the option of the landlord making a good faith estimate of charges to be deducted from the security deposit if the repairs cannot be completed within 21 days or if they don't have the invoices or receipts within 21 days. In such instances, tenant rights California require the landlord to provide the corrected statement, invoices and receipts to the tenant within 14 days after the repairs are completed or the invoices or receipts are obtained. Such statements cannot be provided if the tenant does not leave a forwarding address. In such circumstances, the landlord may send the statement to the address of the property that the tenant moved from.
California renters rights under renters laws California limit the landlord's rights to enter the property. The landlord can generally enter the rental unit in the case of an emergency, when the unit has been abandoned, to make agreed repairs, alterations, decorations or other improvements, to show the property to prospective buyers, renters or lenders, or to allow access to workers who will work on or in the unit. The landlord can also enter the unit for an initial inspection near the end of tenancy and anytime that the court permits the landlord to enter. Periodic inspections are permitted if the tenant has a water bed.
Tenant rights California do require the landlord to give advance notice in writing that is reasonable before entering the property except in a few cases – emergency entry, abandoned units, if the tenant is present and gives consent, or in the case that the tenant and landlord have orally agreed that the landlord will enter the property to make repairs or supply services as long as the date and approximate time are included in the agreement and the time of entry is within a week of the agreement. There are also some specific instances that contain exceptions to these general rules and further procedures for notices that are set out in renters laws California.
California renters rights allow tenants to use the repair and deduct remedy concerning repairs of serious conditions that threaten health and safety or habitability in which the costs of repairs are not more than one months rent. There are some requirements set out by renters laws California that apply to using the repair and deduct remedy. For instance, the defects must be serious and related directly to health and safety and the defect must not be due to the acts of the tenants, guests or pets. Before using repair and deduct as a remedy the landlord must be notified of the defect and given a reasonable time to repair it. The tenant cannot use the remedy more than twice in a 12 month period and the cost of the repairs cannot exceed one months rent.
California renters rights also give the option of abandonment remedies and rent withholding remedies for tenants who need repairs to ensure health and safety or habitability of the property. There are specific requirements lined out for such actions in renters laws California to protect tenant rights California and to assure landlords the California renters rights that are afforded to them under renters laws of California.
California renters rights attempt to protect tenants against actions, evictions and discrimination of a retaliatory basis. Under renters laws California, retaliatory actions can be evicting a tenant, raising the rent and other acts that are meant to punish the tenant for complaints or for exercising tenant rights California in a legal manner. California's Fair Employment and Housing Act prevents discrimination in regard to harassing, evicting or other acts of discrimination for the purpose of punishing or retaliating against tenants who have opposed unlawful practices, made reports to law enforcement about unlawful practices, or encouraged or aided others to take action to protect rights lined out by the Act.
California renters rights are taken seriously in the renters laws of California. If you feel that your tenant rights in California have been violated it is wise to consult with an attorney who specializes in renters laws in California whether you are concerned with rental rights condo, apartment tenant rights or home rental rights.
For landlords who aim not to violate California renters rights giving full respect to the tenant rights in California, it is advisable to regularly communicate with attorneys who practice renters laws in California in certain situations that you are destined to face.
Specific help may be needed in regard to Los Angeles renters rights or San Francisco renter rights as well as other cities that have rent control ordinances.
An attorney who practices renters laws in California will be well educated in regard to California renters rights and tenant rights in California including rental rights for a condo, apartment tenant rights and home rental rights as well as California renters rights in rent control communities.
Dealing with a landlord who does not respect tenant rights in California can be hard for tenants to handle without legal representation in regard to California renters rights. Renters laws in California ensure home rental rights, apartment tenant rights and rental rights condo provisions that aim to protect the interests of both the tenant and the landlord.
Landlords should be aware that California renters rights give tenant rights in California that enable the tenant to sue the landlord for damages relating to violation of tenant rights in California. Such a lawsuit can be expensive to the landlord if the tenant is able to prove that their tenant rights in California were violated by the landlord.
At the same time, tenants should be aware that misuse of tenant rights in California – like withholding rent or using the repair and deduct option – can lead to eviction if the process is not done in accordance with the terms set out in renters laws in California.
At any rate, if you need help interpreting California renters rights or taking action in protecting tenant rights in California legal advice from a law firm that specializes in renters laws in California is necessary.