The state of California has some of the very stringent tenancy laws in the United States. Both landlords and tenants have certain basic rights and duties guaranteed by state legislation, irrespective of whether the lease agreement defines them. Landlords specifically must adhere to these duties while screening and leasing to tenants within the area. In return, landlords are afforded specific rights, to which tenants have a responsibility to oblige.
Timely Consideration
In exchange for leasing a property to the tenant, the landlord is eligible to receive rental payments on time and in full each month. A landlord may charge a reasonable fee (“reasonable” determined on a case-by-case foundation ) for late rental payments or bounced/returned obligations, given the lease defines these provisions.
Performance by the Lease
A landlord has a right to expect that the tenant to do under the conditions of the lease, and the tenant has an obligation to the same. The renter must abide by any rules or limitations set out in the lease agreement. If a tenant violates the lease in some manner, the landlord reserves the right to evict the tenant.
Appropriate Notice
Whenever the tenant discovers a problem inside the unit that requires repair, he must notify the landlord promptly. The landlord has the right to receive notice of damages, defects or other problems as the renter finds or causes them. If the renter does not provide adequate notice, he can’t hold it against the landlord for failing to repair the problem. The landlord can also be entitled to remuneration from the tenant if the tenant willfully or carelessly causes the harm.
Proper Maintenance
The landlord must keep the habitability of the house for the duration of the lease by completing necessary repairs and maintenance. Under California tenancy law, every lease arrangement –written or oral–provides each renter an implied warranty of habitability, and the landlord can’t discount or force the landlord to waive that assurance. It’s the landlord’s sole responsibility to ensure the continued habitability of the house, and a tenant can terminate the lease without penalty when the landlord fails to do so.
Prompt Repairs
Assuming the renter provides appropriate notice, the landlord must complete all repairs promptly and correctly. The landlord is liable for the costs of any repairs, replacements or work the house needs, unless the tenant caused the harm directly. If a landlord refuses to complete repairs, or does not finish repairs in a satisfactory manner, California law permits the landlord to withhold rent payments and utilize the funds to finish the repairs himself or to employ a qualified contractor to finish the job.
Unbiased Practices
Every landlord has a responsibility to comply with California’s tenancy discrimination laws. A landlord can’t refuse to lease a unit to a potential tenant using ethnicity, skin color, sex, age, religion, disability or familial status as a standard. Any screening procedure a landlord uses has to be applied”across the board”; landlords cannot selectively decide to display different applicants employing different criteria.