California State Tenant Rights

California State Tenant Rights

California tenancy laws extend fundamental rights to each tenant, irrespective of whether these rights are defined inside the rental arrangement. Landlords can’t force tenants to give up or waive such rights, even if the lease contains such verbiage. Should a landlord violate the tenant’s rights, the tenant may report the landlord to the California Housing Authority, terminate the lease early and may be entitled to additional reimbursement under California lawenforcement.

Lease Agreement

Tenants are not necessarily entitled to a written rental arrangement; oral arrangements are both legitimate and binding. When the landlord does produce a rental that is written, he should offer a copy to the tenant. Further, in the event the rental is verbal, the landlord must offer the tenant with a written statement containing the name, street address and legitimate telephone number of the person responsible for accepting the rent (in most circumstances, the landlord). If the data changes at any time, the tenant has the right to get the revised information promptly, and the landlord is obliged to provide the tenant with an updated statement within two days of any shift.

Return of Security Deposits

The landlord is allowed to collect a security deposit, which may not complete more than two weeks’ rent, as security for the property. After vacating, when the lease expires and the tenant moves out, he is entitled to a complete refund of this deposit within 21 days. The landlord could extend this by an additional 14 days, for a total of 35 days, when she has just cause and she provides the tenant with a preliminary statement detailing any charges from the deposit prior to the first 21 days elapse. If the landlord does levy charges against the security deposit for alleged compensation, she must offer the tenant with a detailed statement containing each individual fee and the corresponding reason. The tenant has the right to appeal these charges directly. The tenant can also submit a claim against the landlord for unlawfully withholding the deposit and is entitled to up to double the total amount of the entire security deposit when he could prove the landlord acted improperly by refusing to return it.

Timely Repairs

Tenants have a right to repairs there arises a problem from the unit. What constitutes”timely” depends on the character of the injury or defect–it would not be reasonable for a landlord to wait months to mend a broken fridge or stove, but it could be sensible to wait several months to fix a faulty heater in the summertime. The tenant does have a responsibility to notify the landlord of any problems whenever possible; waiting will postpone fix. If the tenant notifies the landlord and the landlord still fails to fix the problem, the tenant has the right to withhold rent until the problem is solved. If the landlord continues to deny, the tenant can fix the problem himself or employ an experienced contractor to perform the work, and subtract the expenses from withheld or future rent payments.

No Retaliatory Action

A tenant reserves the right to report her landlord or take action against him if the landlord violates her rights, and she is protected against retaliatory action under California law. A landlord can’t threaten a tenant, closed off the tenant’s utilities or evict a tenant in retaliation for withholding rent or coverage the landlord to the housing authority. Should a landlord retaliate against a tenant for exercising her rights, the tenant may file a claim and seek compensation and other compensation from the landlord.

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