California Landlord Tenant Laws – Evictions, Dispute Management, Repairs
Though there are an umpteen number of California landlord tenant laws that will cover various clauses, this article will try to focus on three very important aspects of California landlord tenant laws, the three being evictions, dispute management and repairs. The passages below will try to provide the reader with more information on the just mentioned aspects of California landlord tenant laws.
Evictions – California landlord tenant laws – California is very similar to all the other states in the U.S. when it comes to eviction laws. California landlord tenant laws will require landlords to pursue an eviction only through the court system. Personal acts of eviction such as lockouts, harassment etc are strictly prohibited by California landlord tenant laws. In fact, California landlord tenant laws will allow a tenant to sue the landlord for damages if the landlord attempts personal eviction efforts without seeking due procedure in court. Also, California landlord tenant laws will require landlords to first provide a three day “notice to quit” to the tenant before going to the courts to file an eviction case against them. The tenants can use these three days to amicably settle things with the landlord and avoid the eviction procedure altogether. If an eviction case goes to court, the judge will have the final say on the case and on whether or not the tenant will have to be removed from the rental property.
Dispute management – California landlord tenant laws - California landlord tenant laws will allow tenants to sue landlords in small claims court although tenants are generally encouraged to settle things out of court. This is encouraged because court battles can often result in attorney fees and legal costs that might just be too much to handle for the tenant, especially when the amount of damages they have sustained are far lesser than the legal costs. California landlord tenant laws will allow tenants to win damages and recover legal fees in some cases although California landlord tenant laws cannot guarantee a recovery of legal costs in all landlord-tenant dispute cases.
Repairs – California landlord tenant laws – California landlord tenant laws will always require a rental property to meet certain conditions of habitability. A habitable apartment is one that is structurally secure, free of pests and with amenities such as heat and water. If any of these habitable conditions are compromised, California landlord tenant laws will allow tenants to demand the landlords to carry out speedy repairs. California landlord tenant laws will better protect tenants in repair dispute cases when they have proof that they have submitted a written request for the repairs to the landlord. Most landlords win repair disputes by simply feigning ignorance about the request for repairs. But, this will not be possible if the tenant has submitted a written request and also saved a copy of that request for themselves. If the written requests for repair is blatantly ignored for an unreasonable amount of time, the law will permit the California resident to withhold rent payments until the landlords gets their act together and carries out the much needed repairs in a rental property.