Landlord Tenant

Landlord Tenant Attorneys in Riverside County, CA

Protecting Rights in Landlord-Tenant Disputes

Whether you are a landlord or a tenant, you have specific rights under California law. Even so, landlord-tenant relationships can become strained due to lease violations, housing discrimination, or tenants’ failure to abide by their rental agreements.

Regardless of what side of the case you fall on, the most practical way to resolve your legal issues is to hire a landlord-tenant lawyer to assist you. At Venable Legacy Planning & Law, our Riverside landlord-tenant lawyers have extensive experience helping clients resolve their legal needs quickly and efficiently. Contact our law offices today to schedule a consultation.

How Much Notice is Required to Break a Lease or for a Landlord to Terminate a Tenancy?

California law has strict requirements regarding tenants breaking a lease or landlords terminating tenancy. Under the law, tenants who have month-to-month leases must provide at least 30 days’ written notice to terminate a lease. Landlords are obligated to provide tenants with 30 days’ notice if they have lived there for less than one year, and 60 days’ notice if they have lived there for more than one year.

Failure to Provide Proper Notice

Landlords must follow the proper procedures required under the law during the eviction process or face legal scrutiny. If a landlord or tenant fails to provide proper notice, it could lead to liability issues and severe financial penalties. If a landlord fails to provide proper notice, they could face a wrongful eviction or invalid lease termination claim. In cases of invalid termination, the tenant can ignore the notice and file a lawsuit for damages.

Tenants risk losing their security deposit and may still be obligated to pay rent for the remainder of the lease. The landlord may also file a lawsuit if the lost rent exceeds the security deposit. There are, however, exceptions to the law, such as when a tenant needs to break a lease because of active duty military service, cases involving domestic violence, or unsafe conditions.

What is the Just Cause Eviction Requirement in California?

California’s Tenant Protection Act of 2019 (AB 1482) expanded fair housing legal protections for tenants. Under the law, landlords must have “just cause” to evict tenants who have lived in a rental property for 12 or more months, and it was enacted to help prevent wrongful eviction.

The law has two categories that address whether a tenant is at fault.

At-Fault Just Cause (Tenant is at Fault)

Under this portion of the Tenant Protection Act, the tenant has been found to have violated the lease agreements, often due to issues such as nonpayment of rent, causing substantial damage, or unauthorized subletting, to name a few.

No-Fault Just Cause (Tenant is not at Fault)

Under this provision, a landlord asserts that they must regain possession of the rental unit for reasons unrelated to the tenant’s actions. Common examples include withdrawing the rental property from the market when the owner or another qualified family member intends to take possession of it or when the landlord intends to remodel or demolish the property. If the landlord issues a no-fault notice, they must also provide relocation assistance to move to another property. Relocation assistance is generally equal to one month’s rent. 

What Repairs is a Landlord Responsible For?

State laws require landlords to make specific repairs to their rental properties. Some of a landlord’s repair responsibilities include

  • Safe and Habitable Living Standards: Landlords must maintain functional plumbing, gas, and electrical systems.
  • Structural Integrity: Roofs, Floors, ceilings, walls, stairs, and railings must be properly maintained.
  • Essential Utilities: A landlord must ensure that tenants have working plumbing, heating, and hot and cold running water.
  • Health, Safety, and Sanitation Standards: Tenants must be provided a unit that is free from rodents or other pests, and landlords must also be sure to keep common areas clean and provide functional smoke detectors.

A landlord is also obligated to repair appliances they have provided, such as refrigerators and stoves, that break due to normal wear and tear. A landlord is also responsible for fixing any broken exterior doors, locks, and windows.

Emergency repairs that pose a health or safety risk must be addressed immediately, while non-emergency issues must be handled within 30 days. Landlords are not responsible for repairing damage caused by the tenant, pets, or guests, or by any personal items belonging to the renter.

When Can a Landlord Withhold a Security Deposit?

A common question that many landlords and tenants ask concerns when a landlord can withhold a security deposit. California law allows landlords to withhold security deposits, but only for lawful reasons, within 21 days of the tenant moving out.

Aside from unpaid rent, some of the other reasons that landlords can withhold security deposits include:

  • Repairs for damages caused by the tenant, pets, or their guest that exceed ordinary wear and tear
  • Restoring the unit to the same livable condition as when the tenant moved in
  • Replacing furniture or other items included in the rental unit that were specifically listed in the lease agreement

A landlord is legally obligated to send the former tenant an itemized statement listing the cost of repairs and any remaining deposit within 21 days of the move-out date. Landlords are not permitted to use a security deposit to cover normal wear and tear, such as replacing worn carpet, repainting faded areas, or paying for cleaning services, if the unit was left in good condition.

Contact our Riverside County Landlord Tenant Lawyers Today to Learn More About Your Legal Rights

Regardless of whether you are a landlord or a tenant in Southern California, you must understand your legal rights and how they apply to your situation. Venable Legacy Planning & Law is a Southern California law firm that provides high-quality services to clients seeking to resolve their legal issues. Whether you are dealing with a wrongful eviction or need help understanding local laws and how they apply to you, our legal professionals are ready to help.

Contact our law offices today in Hemet, CA, at 951-540-3714, or in Murrieta, CA, at 951-540-3592 to schedule a consultation with an experienced landlord-tenant lawyer to determine your legal options.