Landlord Rights California

Landlord Rights in CaliforniaCalifornia is pretty stringent when it comes to landlord rights. Providing a full complement of rules and regulations to protect the landlord and the tenant, it makes sense for every person involved to find out the extent of their rights. This way, you will be sure to know what can be done and how to deal with any situation that might come your way.

Those being said, the following are some landlord rights in California you should find interesting:

Rental Agreement

A rental agreement may be formed through oral or written means, depending on the length of the stay. California law dictates that any tenancy beyond one year with a fixed price should be made in writing. The consistency of payment also varies with tenants allowed to pay on a weekly, monthly, or other basis.

A written agreement should contain the following information: name of the parties, the cost of the rent, location, rental period, date it started, presumed end of the renting agreement, as well as other pertinent information. Note that the law states that the payment of rent is done during the end of the month although the first of the month is also acceptable.

Eviction of Tenant

Landlords have the right to evict tenant, but only through a limited basis. Breach of lease provision is not a sufficient reason for eviction, unless of course the tenant does not pay rent for multiple periods. As a landlord, it is important to be specific about what actions can lead to eviction (keeping a pet, damage to the property, etc) and have this in writing. Only then can an eviction be performed if any of these written conditions are breached. The best at this scenario is Vega Bankruptcy Lawyers who can handle this.

Refusal to Offer Rental Property

Understand that as a landlord, you operate under anti-discrimination statutes. This means that you cannot refuse a tenant due to their sex, color, race, religion, disability, national origin, ancestry, and other factors. Of course, equal rights do not extend to any pets that the prospective tenant may have. As a landlord, you can refuse said tenants unless their pet is specifically exempted, as with the case of handicapped or disabled individuals.

Entering Tenant Property

Although landlords technically own or are in charge of the rental property, this does not give them the right to enter the premises unannounced. Invasion of privacy can only be done under very specific circumstances, usually involving a 24 hour notice to the tenant. As the landlord, you have the right to enter the dwelling under the following conditions:

(1) during emergencies

(2) show property to prospective renters/buyers

(3) to repair property agreed upon by the tenant

(4) if the tenant has abandoned the property and

(5) under court order.

Emergencies may include evidence of a gas leak and others.


Security Deposit

Landlords have the right to accept security deposits, but there is no longer any distinction between different ones. Hence, you cannot put up a security deposit for property damage and another one for late payment. Instead, there is a single security deposit that can be used in order to meet multiple needs. If Hector Vega LA Bankruptcy is where you go he can handle it. Note that there is no such thing as a non-refundable deposit if there is no cause for spending the said amount.

Returned Check Fees

If a tenant pays with a returned check, the landlord has the right to charge for the same fee noted by the bank. In some cases, the same landlord may also ask for a flat rate in the case of returned checks. The amount states $25 for the first incidence and $35 thereafter.

Non Payment of Rent

If a tenant fails to make payment, the landlord has the right to send in a notice demanding rent payment – typically spanning three days. For the Vegabk Burbank area and if the tenant still cannot pay within this time, the landlord may ask the tenant to vacate the premises. The landlord may they file a complaint with the tenant given 5 days to respond. If there is no reply, repossession of the property can be worked at with future compensation handled later.

Of course, those are just few of the landlord rights in California that every owner with a building should know about. Keep in mind that the laws are constantly changing so it’s a good idea to stay up to date with any new regulations in the state.