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Are you a landlord who is trying to evict his/her noncomplying tenant for
nonpayment of the rent or violating various clauses of the lease?
Are you a "new" landlord who needs a consultation with
the specialist on how to handle various landlord-tenant related
issues?
Are you a tenant who feels that his rights have been violated by
the landlord or his/hers agents?
Landlord-tenant law governs the rental of commercial and residential
property. The basis of the legal relationship between a landlord
and tenant is grounded in both contract and property law. The
tenant has a property interest in the land for a given period
of time.
The landlord-tenant agreement is normally embodied in a lease. The
lease, though not historically or strictly a contract, may be subject
to concepts embodied in contract law. Housing codes were established
to ensure that residential rental units were habitable at the time
of rental and during the tenancy. Housing code violations may lead
to administrative action or to the tenant being allowed to withhold
rent. The habitability of a residential rental unit is also ensured
by warranties of habitability, which are prescribed by statutory
law. A breach of the warranty of habitability or a covenant within
the lease may constitute constructive eviction, allow the tenant
to withhold rent, repair the problem and deduct the cost from the
rent, or recover damages.
Also known as "unlawful detainer", an eviction
is the legal process whereby a landlord forces a tenant to move
out of the property. An unlawful detainer is treated as a civil
criminal proceeding because the code describing unlawful detainer
states a "tenant is guilty" of this offense, not just
liable as in civil cases. Even if a tenant moves and pays the
judgment amount, the "conviction" remains on the record
for 7-10 years.
Landlords routinely require a Security Deposit to be posted as
a condition of the rental agreement. In California, for
residential tenancies, a landlord may charge up to two times the
monthly rent for unfurnished and up to three times the rent for
furnished rental units. The deposit is held until the tenant moves
out. The money is then supposed to be refunded within 21 days
of moving out, less deductions for rent owing and charges for
cleaning or repairing damages caused by excessive wear and tear.
The deposit generally transfers to successive owners. A non-refundable
deposit is not allowed. Thus, it is refundable no matter what
the contract says.
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If you need legal assistance related
to the lanlord-tenant matters, request an initial
consultation now. |
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