The Rights & Responsibilities of a California Landlord

As a California Landlord you are afforded certain rights.  You are also committed to certain responsibilities.  These rights and responsibilities are legally implied and enforceable regardless of the presence or absence of a written rental agreement.  Here is a brief breakdown of the most basic rights and responsibilities of a California Landlord:

Rental Compensation

When a rental property is hired in the State of California the landlord is entitled to reasonable and/or agreed upon compensation.  This can be pursuant to a written or an oral contract.  In most cases there is a set rental amount and a set due date, for instance rent is $1,500.00 per month due and payable on the first of every month.  A California Landlord has the right to the agreed upon rent on the agreed upon due date.

Laws

Habitable Rental Unit

It is the responsibility of a California Landlord to maintain a rental property in a habitable condition pursuant to California Civil Code Section 1941.1.  This means that a California Landlord, upon notice, must make required repairs in a reasonable amount of time when the repairs are required due to normal wear and tear and of no negligent fault of the Tenant.  The California Landlord has a right to be timely and duly notified of the need for repairs by the Tenant.  The California Landlord is also afforded the right and reasonable expectation that their tenant will maintain the property in a clean and sanitary manner pursuant to California Civil Code Section 1941.2.  A California Landlord is not required to make any repairs that are the sole fault of a Tenant, or a Tenant’s guest’s, negligent and willful misuse of the rental property.

Full Compliance of the Rental Agreement

A California Landlord has the right and responsibility to the performance of those clauses agreed upon in the terms of the rental agreement, either written or verbal.  A rental agreement is a binding contract the same as any other.  Both parties are required to uphold the terms and conditions of the rental agreement as long as they do not waive or breach any local, municipal, state or federal laws, codes or statutes.

Good Faith and Fair Dealing

All California Landlords, and Tenants, are legally implied the Covenant of Good Faith and Fair Dealing.  This is exactly as it sounds, it is a Covenant that all persons in any contract, rental or otherwise, are afforded the assumption that the other party will act in good faith and without malice, intentional misrepresentation or discrimination during both the negotiations, drafting and initiation of a rental contract, but also during the performance of the rental contract.

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