Landlord-Tenant Rights and Leases Information
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The following is very brief information relating to Landlord and Tenant disputes and leases. More detailed information may be found at the websites listed below on this page. - Common issues that arise may involve repair issues, habitability, rent increases, security deposits, threats of eviction, unlawful detainer actions, etc. Please contact the law office or another attorney if you have an immediate legal need or have been served with papers, as the laws in unlawful detainer actions involve shortened time periods to respond.
California Civil Code section 1940 et seq addresses residential leases and describes the rights and obligations of tenant and landlord.
Local City Ordinances may also set forth rules and regulations regarding landlord and tenant relationships.
Landlord Rights & Obligations
The landlord is entitled to receive timely payment of rent. The landlord also may expect that tenants will not cause waste or destruction to their property and that tenants will not use the premises for unlawful purposes or criminal activity.
Tenant Rights & Obligations
Tenants have a right to have the leased premises kept in good repair. Plumbing problems, water leaks, broken radiators, electrical problems, roaches or bug infestations, etc. may be habitability issues and should be repaired by the landlord upon notice by the tenant. A tenant should not be afraid to do a "repair and deduct" if a landlord has not responded within a reasonable time to an oral request followed up by a written request to the landlord for repair. A tenant may also expect that common areas of the building should also be kept clean and free of infestation.
Commercial Leases
California law provides much more protection to tenants under residential leases than it does regarding commercial leases. The California Commercial Rental Control Statutes, Civil Code §§ 1954.25 through 1954.31, basically protect contractual rights and protect against commercial rent control. Because of the principle of freedom of contract in a commercial setting, there are generally no "standard" commercial leases, and commercial leases are subject to much negotiation.
Residential Leases
A residential lease may be in the form of a written or an oral agreement.
Generally in recent years there will be a written rental agreement outlining tenant responsibilities and which may be restrictive of the tenants rights. However, long term tenants may find that they never signed a lease. In such a case the oral agreement when they first rented their space will constitute the actual rental agreement.
Regardless of whether the tenant has a written or oral lease, in exchange for the payment of rent to the landlord, the tenant has been granted distinct property rights in the space or apartment they are renting. However the tems of a written lease may alter these rights substantially. A tenant should always carefully review a lease before signing and work out any disagreements on the restrictions set forth in the lease. The lease should be amended in writing to reflect the final agreement before signing. Always get a copy of your lease immediately and retain it for safekeeping.
Click on these links for more information on this subject:
Please contact the Law Offices of Bonnie Follett for assistance in the following areas:
- Determining your rights.
- Instituting a legal action if your rights have been violated.
- Defending you against legal actions.
- Unlawful Detainer or Eviction actions.
- Lease negotiations.
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