California Landlord & Tenant Rights
- California's Landlord and Tenant Act regulates when a landlord is permitted to enter a rental unit. Landlords must provide notice in most cases, and the only time a landlord may enter the unit is during normal business hours. Valid reasons for a landlord to enter the rental unit are emergency repairs, scheduled repairs, normal maintenance, after a tenant has abandoned the unit, inspection, unit showings, water-bed inspections, or court-ordered entry.
- A tenant has the right to equal treatment under the law by the landlord. California's Fair Employment and Fair Housing Act provides protection against housing discrimination. It's illegal for a landlord to refuse to rent or negotiate, provide inferior service, harass a tenant, or segregate housing for discriminatory reasons.
- The landlord is responsible for making sure the rental unit is habitable. This is accomplished through repairs and maintenance. The responsibility for repairs is often written down in the lease agreement. California requires landlords to perform repairs to maintain the habitability of the rental unit. Major repairs and defects must be handled by the landlord unless they are caused by the tenant or the tenant's visitors. The tenant's repair responsibilities include fixing minor damage, keeping the rental unit clean and undamaged, and fixing any problems visitors have caused. Tenants must also help take care of common areas.
- Delivery of possession describes the landlord's responsibility to give possession of the rental unit to the tenant. Usually this is not a problem, but in some cases the previous renter has not yet moved out. The landlord proceeds with an eviction case against the previous tenant, and the new tenant does not have to pay rent until he has full possession of the rental unit.
- In California, the eviction process is called an Unlawful Detainer suit. This is a lawsuit to regain legal possession of the residential property from the tenant. There are several steps in a normal eviction. First, the landlord sends the tenant a written notice telling her to vacate the property. The tenant has a certain number of days to move out or fix the problem, depending on the reason for eviction. After that, the landlord files the Unlawful Detainer suit and takes the tenant to court. After a judgment is rendered, the landlord may have to go back to court to gain a Writ of Possession. This writ gives the sheriff's office the authority to physically remove the tenant from the property.
Right To Enter
Unlawful Discrimination
Repairs
Delivery of Possession
Eviction
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