What Constitutes a Lease Agreement in California?
Hiring a civil rights lawyer in California to write or review the lease agreement will help avoid issues if you rent a property. A lease agreement is an oral or written agreement between the prospective tenants and the landlord. In California, the landlord is obligated to disclose any information about the rental property to the tenant in the lease agreement.
According to California law, it is common for every lease agreement to disclose security deposit, termination, and eviction policies. It should also include the amount of rent, due date, and payment methods. As far as this agreement is concerned, everyone involved is also part of the deal. Besides, it is mandatory to disclose common utilities, lead-based paints, pests, molds, and so on.
Rights and Responsibility of the Landlord
Renting a property can be stressful, but hiring the right property manager and understanding what you need to do and the landlords you will be dealing with can help avoid lots of headaches. Aside from rent collection, the California Civil Code explains in detail that landlords may choose not to return a security deposit if their property is damaged. and to give occupants eviction notices in case of agreement breaches.
In return, the law requires landlords to ensure that their renting apartments meet safety and habitable standards. This responsibility involves utilities being in good working conditions, not pest-infested, and available in safe locations. In cases where a tenant requests any repair, the landlord must respond within a reasonable time, which often refers to 30 days since the request.
Rights and Responsibility of the Tenant
On the contrary, tenants have rights and responsibilities when habituating a rental unit. More importantly, tenants have the right to a safe dwelling, sue the landlord for retaliation, or even withhold rent for failure to provide essential services. In a case where the landlord refuses to repair damaged units, the tenant can exercise their rights in the Repair and Deduct Remedy which legally allows the tenant to make the repairs themselves and deduct the cost from their next repayment.
In most rental agreements, California tenants are responsible for keeping the rental unit safe and in habitable conditions by making small repairs the property may need. Also, tenants must keep themselves and their guests from domestic disturbance such as noise, or environmental pollution. Every tenant is expected under the law to pay their rent on time and respect every other stated agreement within the contract.