 | When You Rent A Place To Live, you enter into a specific legal relationship with the
owner (landlord). Both you (the tenant) and your landlord (or manager) have certain rights and
obligations. This legal relationship between landlord and tenant is established in the California
Civil Code and in various local Rent Control Ordinances. | |
| A Written Contract, such as a lease or
rental agreement, is often more specific than the general law, so it is generally the first place
to look for an explanation of the tenant's and landlord's rights and duties to each other. For
this reason, it is very important to keep a copy of your rental agreement intact, and available
for reference in case any problems come up.
You should also know that not all written agreements are in full accord with the law.
Even when you sign such an agreement, you do not waive any of your legal rights as a tenant.
For instance, the contract may state that there is a "non-refundable" cleaning fee or
key charge. By California state law this is invalid. No rental fee or charge can be made
automatically non-refundable.
The tenant must always be given the option of performing some
task (such as "cleaning" or turning in the key) to get his money back.
Or the lease may attempt
to say that the landlord can enter you apartment at any time for no stated reason. This would
also be illegal. State law insures a tenant's right to privacy and limits the landlord's right
to enter to reasonable times only, with advance notice (except for emergencies).
Most provisions in a lease or rental contract are valid and can be enforced in court if
you do not live up to your end of the agreement. The bottom line is-know what your agreement says
and know what the law requires. If you have any questions, contact the Community Housing Office,
310-825-4491
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