Wednesday, September 5, 2012

California Property Owners Have Rights in Residential Landlord and Tenant Relationships

Leasing rental properties

Investor property owners have rights in California residential landlord and tenant relationships - in addition to those set forth in writing in any written and signed Residential Lease or Rental Agreements.

  • Owners have the right to expect the tenants to follow the rules of the rental agreement.  

Tenants should, for example, pay their rent on time and keep the apartment or house clean - and should avoid bothering other tenants with noisy parties or a television set turned up full blast.

  • Tenants must use the apartment or house only as it is meant to be used.  

Example is that tenants cannot run a dry-cleaning business out of a residential apartment.

  • Owners have the right to expect tenants to fix anything they damage.  

If tenants break a lamp in a furnished apartment, for example, they should repair or replace it. 

  • If tenants do not follow the rules, owners might have good reason to ask them to move.  

And if a tenant then does not move, owners can sue to evict the tenants.

  • Owners can limit the number of people living at the apartment or home. 

However, owners normally are not allowed to refuse to rent to people with children.

  • Owners also have the right to sell the property during tenancy. 

If the building is sold, the tenant rights in the lease should not change.  The owner must either transfer the our tenant deposits to the new owner or refund them.  If the deposits are transferred, the owner must inform tenants in writing and give them the new owner’s name, address and phone number.

California law regarding residential landlords and tenants are generally set forth in the California Civil Code, Section 1940 et. seq.  

CA real estate law

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Source of information is California State Bar Association and California Department of Consumer Affairs.  This is for information only and is not the providing of legal services.  If you have questions about your rights as owner in residential landlord and tenant relationship, you should contact an experienced real estate attorney in your local area.
 

Harrison K. Long – REALTOR® and broker associate, GRI – Coldwell Banker Residential Brokerage – 949-854-7747 (phone) – ExploreProperties@gmail.com (email) – CA DRE 01410855 – SFR short sale and foreclosure resource certified by the National Association of REALTORs® – now serving as an appointed director at California Association of REALTORs® – an attorney member of the California State Bar Association #69137

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