The Basics of Landlord Tenant Laws In Van Nuys

Residential landlord-tenant laws apply to all residential property, including single-family homes and condominiums. In California, a lease agreement must be in writing before it is legally binding. 

The agreement can be oral or written, but if it’s written, a party has five days to cancel. There are three basic types of agreements: a week-to-week rental agreement (where no specific end date is stated), a month-to-month rental agreement (where no specific end date is stated) and an indefinite rental agreement (which contains an unlimited time period). 

In California, tenants have numerous rights under landlord-tenant laws when dealing with both repairs and evictions. Landlords also have rights when terminating leases in accordance with applicable laws.

Key aspects of the landlord-tenant laws in Van Nuys

• Leases

A lease is a contract between you and the landlord. A basic rental agreement lists the amount of rent due and the length of the valid agreement. The landlord has the right to modify the rental agreement to include anything they want, as long as they do not ask you to give up your legal rights, such as the right to hire an eviction attorney. Some examples of what may appear in a lease include:

• Guest policy. Owners have the right to limit the time that non-paying guests spend on the property.
• Pets. If an owner only allows certain types of pets, or does not have pets, it may be included in this document. Details such as the amount paid for a pet deposit should also be listed.
• Utilities. Are some or all of the services covered by your rental? What are you expected to pay separately? This information should be outlined as part of your lease.
• Maintenance. Policies related to property maintenance can also be part of your lease. For example, if you have a yard, you may be responsible for keeping it tidy. Make sure you are aware of anything you are responsible for.

Van Nuys allow both oral and written leases. However, an oral rental is almost impossible to prove in court, so the tenant should always request a copy of the written agreement.

• Security deposits

The landlord may collect a security deposit before moving into the property. Some states landlord-tenant laws cap the amount of the deposit, and others specify that the landlord must place the security deposit in a separate interest-bearing bank account. When you move out, the landlord will inspect the rental unit and deduct the cost of repairing any damage beyond normal wear and tear from the deposit. He can also deduct any unpaid rent.

The landlord has a set period of time to return the security deposit or provide you with a list of deductions. Most states give the landlord 30 days to do so, but some places give the landlord even shorter. For example, landlords in Washington must return the deposit or provide an itemized list within 14 days after the tenant vacates the property. 

• Rent

The landlord-tenant laws require the landlord to notify you in advance how much they will charge for the rent. Most states do not allow a landlord to increase the rent during a rental agreement. However, the landlord may increase the rent before renewing your rental agreement, provided they send you a written notice of their intention to do so.

If you have a month-to-month rental agreement with your landlord, different rules apply. Many states allow the landlord to increase the rent on a month-to-month agreement, as long as they give you at least a 30-day written warning.

• Maintenance

As a tenant, your job description includes keeping the rental property clean, removing trash, and causing no harm. In return, the landlord must make the necessary repairs to the rental unit and the building itself. If problems arise with the plumbing, wiring, or central air system, the landlord must make the repairs within a reasonable time after notifying them. 

Unfortunately, most states do not offer a legal alternative for tenants whose landlords do not make repairs. Some states allow the tenant to make the repair and deduct the cost of the next month’s rent or end the lease if the landlord does not provide the maintenance. Before taking action against the landlord, contact the Housing Authority office in your area and ask about state laws related to maintenance.

If you are a landlord in Van Nuys, you know that handling landlord-tenant laws can be challenging to deal with. Whether they are minors or adults, renters sometimes act out and take advantage of landlords. There are landlord-tenant laws in place to protect you as a landlord, but there is also an unspoken level of common sense that goes into being a landlord too. 

You do not want to go down an expensive legal battle with your tenant because it may hurt your business. If you find yourself needing help with evicting a tenant, having issues dealing with your tenant or other legal matters pertaining to owning rental property, contact a landlord tenant attorney in Van Nuys who can help.

• Privacy

Renters want the same level of privacy as a homeowner. Most do not look favorably on landlords who show up frequently or at unusual hours, and many states have made this illegal through the Landlord and Tenant Act. In most areas, a landlord must notify a tenant in writing at least 24 hours before entering the property.

Note that the landlord can avoid this landlord-tenant laws by adding a clause to the lease that establishes your right to enter. 

Review your lease carefully before signing. If you think your landlord has reached the point of harassment, you can contact a Legal Assistance organization or the Housing Authority in your area for assistance. 

• Evictions

If you upset other tenants, break a clause in your lease, or don’t pay your rent, your landlord can evict you. To do so, the landlord must follow the eviction procedure established in the landlord-tenant laws in your state. 

For example, the landlord may need to give you written notice and give you time to correct the situation. If it doesn’t fix the problem, the landlord can file a notice in a local court. From there, only a judge can decide whether or not to evict you from the property.

Your landlord cannot legally evict you. An illegal eviction includes changing the locks on your rental unit, locking the door so you cannot enter, removing your personal belongings, or cutting off the electrical supply to your apartment. If your landlord tries to “self-evict” you can sue him in civil court

Review your lease carefully before signing. If you think your landlord has reached the point of harassment, you can contact a Legal Assistance organization or the Housing Authority in your area for assistance. 

Final Word

Rent can be difficult. You do not own the property, so it may feel like your destiny is completely in the hands of one owner. Empower yourself by reading the Landlord and Tenant Act for Van Nuys. If you end up in a questionable situation, you will know when and how to take action.

Have you had a bad experience with an owner? Share your experience

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