California Landlord Rights
This article will discuss some important California landlord rights. These California landlord rights will usually come in very handy to protect a landlord against a tenant who might cause financial losses or who violates the terms of lease. California landlord rights will generally protect the best interests of the landlord against tenants who might unfairly take advantage of a rental situation.
Collection of security deposits – California landlord rights – The most important set of California landlord rights pertain to the collection of security deposit. In California, California landlord rights will allow a landlord to collect up to three months of rent for a furnished apartment and up to two months of rent as security deposit for an unfurnished apartment. Additionally, California landlord rights will allow a landlord to collect an additional water bed security deposit if the tenant is in possession of a waterbed. The water bed security deposit can be a maximum of half a month’s rent.
Deductions to a security deposit – California landlord rights – A security deposit is collected by a landlord as a guarantee against any repairs that might become necessary after the tenant has left the building. So, if a landlord finds that a rental property is damaged by the tenant, California landlord rights will allow landlords to make deductions to the security deposit. If the repair expenses exceed the amount of security deposit that is possessed by the landlord, California landlord rights will allow the landlord to keep the entire security deposit refund and also sue the tenant for additional damages that have been sustained in the form of repair expenses. However, California landlord rights guidelines state that landlords must provide proof of repairs and proof of repair expenses within a period of 21 days after the end of a lease, failing which, tenants will be allowed to sue the landlord for unlawful withholding of the security deposit.
Eviction – California landlord rights – California landlord rights will allow a landlord file an unlawful detainer lawsuit against a tenant who has not paid rent or who has broken the terms of the lease. However, a landlord will have to issue a notice to evict or a notice to quit to the tenant before he exercises his or her California landlord rights to go to court, to file the unlawful detainer lawsuit. Once a landlord wins an eviction case in court, California landlord rights will also allow them to seek a “writ of possession”. This “writ of possession” will allow a landlord to seek the assistance of a sheriff’s department in throwing out a tenant who hasn’t moved out of the apartment even after the court’s eviction order against them.
Maintenance of the apartment – California landlord rights – California landlord rights will allow a landlord to expect that the tenant maintain the apartment in a safe and sanitary condition. The tenant will also be responsible for minor repairs and will also have the responsibility to inform the landlord about the need for any maintenance repairs, as and when they occur.