Thursday, December 6, 2018

California Landlord & Tenant Rights


In California, every Landlord and Tenant have rights and responsibilities, and often we see in small claims court what goes wrong when claims are made on those Rights and Responsibilities

01. Leases and Rental Agreements
02, Security Deposits
03. Issues over maintenance & repairs.
04. 3-30-60-90- day notices.

Understanding those rights and responsibilities is key to both the Landlord and Tenant.

In hundreds of cases that I have experienced as a Mediator, these conflicts on both sides would not have occurred if the parties more fully informed about Landlord Tenant Law.

A good understanding and foundation for both the landlord and Tenant are the NOLO Series of books that are written in plain English.

Two of the books that I recommend are The California Landlord Law Book and the other California Tenant Rights,

These books can be purchased at your local bookstore, order online and are often available at your local law library.

Hint, Hint, Christmas is coming.

One dispute that comes up often is the condition of the rental unit. Damages such as torn carpet a broken appliance, window,

Before moving in complete a Move-In Inspection and when vacating a Move- Out Inspection.

Take the extra step and take photos. of your unit.  Easy with a cell phone.

Often what comes up is the question is what is reasonable wear and tear?

Knowledge of deposits is a must.

My landlord advice is that you are running a business.

As a tenant, you have rights of privacy and a rental that is safe, secure and habitable. Do you have working smoke and carbon monoxide detectors? Has the landlord given you the notice about Bed Bugs?

As a Landlord, there is a duty to know the law and as a tenant, there is a duty to pay your rent and abide by your tenancy agreement.

Many California Courts us Mediation as a required first step to settle differences.

In conclusion, know your rights and responsibilities.

Be a good landlord, be a good tenant.

Jim W Hildreth is a California Real Estate Mediator and Paralegal who's. focus are issues with Real Estate.

Real Estate Mediation Services