Contracts and The Landlord and Tenant Laws
In simplest terms, under landlord and tenant law a lease is a contract between a landlord and a tenant which outlines the term agreements that allow a person to reside in a particular piece of property. The tenant agrees to pay the landlord a set amount of money, also known as rent, on a monthly basis for the right to occupy the premises.
Most leases will outline certain provision regarding the different responsibilities and rights of both the landlord and the tenant. Once a lease agreement has been signed by both a landlord and a tenant, the relationship between them is called a tenancy. The right to occupy a rental unit is sometimes referred to as a leasehold interest. Each lease can be for a specified amount of time which is referred to as the term of the lease.
Landlord and tenant law says that people who own property are allowed by law to do what they choose to with their property including rent it out to a tenant for a specified period of time. Once an owner has chosen to do this, he or she is not permitted to interfere in the quiet enjoyment of the tenant’s unit. This means that they are not permitted to enter the unit any time they please. They must always ask the tenant’s permission in writing at least 24 hours in advance. The only time they are permitted to breach this rule is in the event of any emergency.
Landlord and tenant law states that leases are legal contracts and are enforceable as such. Most leases contain the names of all the parties involved: tenant(s) and landlord, the start and end date of the rental, the address of the rental unit being leased, any provisions for renewal of the lease, the amount of rent being charged and the date of the month on which it is due. If the landlord is charging a security deposit, that information must also be contained within the lease as well. Any clauses with regard to pets on the property must also be stated in a lease.
A fixed-term tenancy lease can last for as many years as the landlord and tenant are willing to sign off on. The fixed-term tenancy expires when the time runs out. It can be renewed if both parties so desire but only if both parties are in agreement.
Some people have leases that are known as periodic tenancy leases. These are leases which are set for a period of time which is determined by payment of rent. Oral leases can not be entered into for a period of more than twelve months. Continue reading
The article below will discuss some important landlord renters clauses that are usually prone to disputes in rental contracts. It is important that tenants have at least a basic understanding of these landlord renters clauses if they want to enjoy a renting experience that is free of frustrating disputes. Also, tenants are encouraged to consult an attorney to further discuss certain landlord renters clauses such as repairs, evictions, security deposits etc if they want to take the landlord to small claims court. The article below will serve as a guideline to understanding the basic landlord renters clauses although one will have to make more of a diligent effort to further research these landlord renters clauses, especially if they are going to go to court.
Rent – landlord renters clauses – The lease document will usually specify a pay by date, the amount of rent and the person or entity the rent has to be paid to. The landlord renters clauses about rent payments will usually also have to mention Continue reading
If you are reading this article, you are probably one of the millions of tenants in the state of California who is trying to get a better understanding of CA landlord tenant law. If that is your cause, this article will definitely help you as it will provide a small summary of important CA landlord tenant law clauses that might be useful for a tenant during the course of a rental arrangement. There is a clause in CA landlord tenant law to cover a multitude of renting issues such as security deposits, repairs, habitability, notice periods, rent increases, rent control, foreclosure rights, eviction rights and so on and this article will try to cover a few of these aspects of CA landlord tenant law.
Laws against discrimination – CA landlord tenant law – CA landlord tenant law has a very strict code of conduct that is expected from landlords when it comes to discriminatory issues. Landlords cannot screen, accept, reject or provide subjective service on the basis of race, color, sex, sexual orientation, handicapped status etc. Continue reading
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 Continue reading
A rental contract should usually be a simple one where landlord provides a tenant with a great apartment while the tenant will provide the landlord with timely rent payments. However, the reality is that there are several disputes and conflicts in many rental arrangements across the nation. This article will discuss the context of some of these common disputes and will also provide information on landlord tenant rights that will help avoid such conflicts. It is very important for both tenants and landlords to be fully aware of landlord tenant rights that are available to them in their jurisdiction. The United States of America has different landlord tenant rights in every state and the landlord tenant rights will even vary from city to city in some cases. However, the general principles mentioned below will be applicable in all states.
Minimum conditions of habitability – landlord tenant rights – The landlord tenant rights guidelines in all states will require landlords to provide tenants with an apartment or rental property that meets certain basic conditions of habitability Continue reading
CA Landlord Tenant Laws – An Overview of Important Tenancy Law in California
California has a population that is nearing 40 million and it is currently the most populated state in the U.S. A large % of that population in California is renters who pay rent to live on a rental premises. It is very important for that segment of the population to get a good understanding of CA landlord tenant laws as one will be able to protect their tenant rights only if they are able to understand the fundamental CA landlord tenant laws that have been put into place. This article will provide a stepping stone in that direction as it will briefly go over some of the most important tenancy statutes as set forth by CA landlord tenant laws.
Credit checks to process rental applications – CA landlord tenant laws – CA landlord tenant laws will allow a landlord to run a credit check on a potential tenant before they allow them to live in a rental property. However, CA landlord tenant Continue reading
CA Landlord Tenant Law – Introduction to California Tenancy Law
This article will be useful for tenants in California who are looking for a quick introduction or summary on CA landlord tenant law. There are many aspects to CA landlord tenant law such as clauses about security deposits, lease types, rent increases, eviction proceedings and so on and this article will introduce the reader to CA landlord tenant law on some of the just mentioned aspects.
Landlord’s right to enter a property or privacy rights for the tenant – CA landlord tenant law – CA landlord tenant law will allow a California renter to enjoy the privacy of their rental home without being disturbed by the landlord or other neighbors. If the landlord needs to enter a rental premises to carry out repairs or to show the property to a prospective client, CA landlord tenant law will require them to provide Continue reading