Landlord-tenant law governs and controls the rental of commercial and residential property. A number of states in the U.S. have based their statutory law on either the Uniform Residential Landlord and Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. These laws are well stated in contracts and property Law.
The URLTA was created in 1972 and governs most state’s rental agreements including those in California. The URLTA is unbiased and favors no party more than the other. Tenants and landlords alike can find safety within the various rules and stipulations of the URLTA. It requires a few things from landlords and tenants for the sake of fairness.
From the landlord, a few of the things the URLTA requires are that they; keep all common areas clean and safe, make all repairs that leave the premises in a habitable state; and provide garbage receptacles.
From the tenant, a few of the things the URLTA requires is that they; abide by the obligations set upon tenants by various housing codes. Keep their premises clean and habitable, and not disturb the neighbor’s peace.
A landlord can give a tenant who decides to break the stipulations of the URLTA continuously, a 14-day notice to evict. On the other hand, a tenant can recover damages from the failure of the landlord to provide essential services.
California and federal tenant-landlord law makes it illegal for landlords to discriminate against potential tenants, that being said rental applications may allow landlords to obtain a copy of your credit report. The landlord can ask you various questions about your income and how you manage your finances. A few things that include discrimination are a refusal to provide fair housing based upon factors such as race, color, national origin, sex, gender, and source of income.
Landlords have the right to enter the rental unit for specific reasons. These reasons may include an emergency, an abandoned unit, a court order, or to repair and test smoke detectors.
Furthermore, if you are a landlord that has just sold their property, you may be entitled to some rights. You can supply your tenant with a 90-day notice that the property has been sold or foreclosed upon.
On the other hand of the spectrum, if you are a tenant that has been “influenced to move”, i.e. having things stolen, threats or force, and even increasing violations of the landlord’s entrance right, you too are entitled to legal recourse.
Written notices of termination, or evictions, tend to fall into 30-day, 60-day, and 90-day notices.
Some reasons to evict could be, domestic violence, assault, or abuse of an elder or dependant. Some violations can be set right, for example, failure to pay the rent, while some cannot. This is why it is important to have a knowledgeable landlord-tenant lawyer with you every step of the way.
Before speaking of the eviction process, it is important to note that as of June 28th, 2021 Governor Newsom has signed law AB 832. This law protects both tenants and landlords from the impacts of the COVID-19 pandemic. Some landlords and tenants who have found themselves in financial distress can be aided by this law. This includes eviction relief.
That being said, if the tenant refuses to voluntarily move out of the premises for whatever reason, a landlord has the right to begin the eviction process. In a California eviction lawsuit, it is important to note that the landlord is declared the “plaintiff” and the tenant is declared the “defendant.”
California state recommends that if you feel as though your landlord has acted unlawfully in giving you notice, or that you have a valid defense, you should immediately consult with a landlord-tenant lawyer.
The landlord has certain rights during the eviction process. If the tenant refuses to leave the premises a hearing followed by a trial will take place. If the tenant continues to remain on the premises after the loss of the trial, they can be subject to a sheriff’s notice and a sheriff’s eviction.
The landlords and tenants should consult with a lawyer no matter who is at fault for the eviction. To follow through with the eviction proceedings it is important to be aided by a lawyer. To avoid eviction proceedings it is important to consult with a lawyer as well.
Whether it is a three-day notice or a 90-day notice that is up at play, you must utilize the right tools within the confines of the law to avoid issues. The number one tool that you should utilize is a California tenant and landlord lawyer.
If it comes down to it, California State recommends that you take the following steps before an eviction hearing.
What are some reasons to evict a tenant? Some reasons tenants can be at fault include:
Whether you are a landlord or a tenant, Tez Law can help you obtain fair and desirable results in your legal matters. We understand the problems that landlords and tenants have, and can accomplish their desired results with fairness and compassion. We can achieve success together. We can not only review your documents via email for convenience’s sake, but we offer a free and speedy consultation to address your issues immediately.
*The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create (receipt or viewing does) an attorney-client relationship*