As a landlord, you want to ensure that your tenant rights are being protected and that your renters have the responsibilities they’re supposed to have – but there are certain rights tenants have as well. In California, landlords and tenants have legal rights and responsibilities, regardless of whether the property is leased or rented.
Oftentimes, tenants who have been wronged by their landlords simply roll over and accept their unfortunate situation. However, most states have put forth landlord tenant rights laws to ensure that neither party can take advantage of the other. In California, these rights are regulated under the California Civil Code, with Van Nuys being no exception.
The best way to be sure you know your landlord tenant rights in Van Nuys is to consult with an experienced landlord tenant attorney in Van Nuys who can help you navigate through the process smoothly and protect your interests at all times.
Here are six major rights that tenants and landlords should know about if they want to stay on good terms with each other.
A landlord tenant attorney in Van Nuys can help you understand if your local jurisdiction has rent control laws, and if they do, what those laws are.
While it’s up to your city government to enact these laws, whether or not they’re enacted often depends on how many renters live in a given area.
If it’s determined that rent is generally affordable enough where you live (or there are so few renters overall), rent control laws may not be instituted by your local government. But if people renting homes outnumber homeowners, that could tip things into favor of getting some protection against too-high rental prices.
Right to Reasonable Access
Landlords are required to allow tenants reasonable access to inspect, repair, maintain and show their unit. The landlord may refuse access if there is an emergency or when they are legally allowed to do so.
In these cases, a landlord should provide a detailed explanation of why access has been denied. Without a legitimate reason for denying right of entry, you can file with your local housing authority.
Do it quickly though!
There’s typically only six months for filing appeal requests after being wrongfully denied access to your property. If you wait too long it could void your right to dispute later on down the road.
Right of First Refusal
California Civil Code §1954.5 gives landlord tenant attorney in Van Nuys who are staying month-to-month a right of first refusal to purchase rental unit.
Under Right of First Refusal, if your landlord decides to sell his or her building, you will have first dibs on buying it before a third party can purchase it.
If you want to exercise your Right of First Refusal, your landlord must first give you a written notice at least 60 days before selling his or her property. Your 60-day period starts from when you receive that notice and not from when he or she put up a for sale sign out front.
Security Deposit Interest Payment
The law allows landlords to charge late fees on rent that is not paid within 5 days of its due date. However, there are limitations to how much they can charge.
The amount charged must be agreed upon by both parties before you enter into your lease. If no agreement was made beforehand, then it’s up to state law.
In California, late fees cannot exceed 10% of your total monthly rent or $25, whichever is less. For more information about landlord tenant attorney in Van Nuys call your nearby law firms.
Late Fees Permitted by Law
Not to be confused with late charges (which are not permitted by law), late fees are allowed, provided they adhere to certain guidelines.
Late fees cannot be greater than 10% of your monthly rent payment, and must also be written into your lease. If you decide to include a late fee clause in your lease, make sure it is clearly outlined what happens if you pay after a specified date (i.e., move-out or eviction).
Landlord tenant attorneys in Van Nuys can help you draft an agreement that best fits your situation, so give them a call today! They fight for your rights as a tenant!
Lead Disclosure Laws
The laws surrounding lead disclosure for landlords and tenants are complex. In general, a landlord must disclose all known lead paint hazards before a tenant moves into an apartment.
However, if a landlord suspects that a unit may have been exposed to lead paint after they have rented it out, then there are no requirements under federal law for them to disclose that information to their tenant. All states have specific requirements for disclosing lead paint hazards and enforcing those requirements can be difficult.
An experienced landlord-tenant attorney in Van Nuys will understand what disclosures need to be made. They know how important those disclosures are to both parties involved in renting or buying property.
Hope this article helps you to know the important landlord tenant rights and role of landlord-tenant attorney in Van Nuys!