Landlord/tenant law, many times, is based on the strength of your lease agreement. Lease agreements are binding contracts that should very clearly outline the relationship between the landlord and their tenant. A good lease agreement should have detailed information about the responsibilities of both parties as well as language that protects their rights.
But lease agreements must also follow state and federal tenant/landlord law. Every once in awhile, Monterey Park property owners might include sections of a lease agreement that violate those laws. By way of illustration, discriminating against a tenant based on gender, religion, race, or disability is illegal. Such discrimination violates the Federal Fair Housing Act, which protects individuals in certain classes from being denied housing.
Other important laws to always consider constitute those that regulate security deposits. Though a lot of landlords require tenants to pay a security deposit before moving in, the amount of such deposits may be limited under your state law. Landlord/tenant laws indeed also dictate how security deposits are to be returned, alongside how soon the refund must be issued after a tenant moves out.
As an illustration, the law states that all security deposits must be returned to a tenant when they move out, minus any documented deductions for repairs or cleaning costs. Deposits can be a complex area, given the fact that even while some deductions are allowed, at the same time, it is illegal for a landlord to deduct the cost of regular maintenance or normal wear and tear.
In many states, landlords have a maximum of 30 days to return a tenant’s security deposit. Exceeding this timeframe could have serious consequences for many landlords, and on that account, it’s essential to observe any time limits included in your state or local laws.
Tenant/landlord law usually includes protections for both tenant rights and landlord rights. In any event, most state laws state that tenants have the right to quiet enjoyment, a livable condition, and a certain level of privacy. The flip side of these rights is that landlords have responsibilities to make sure that their property maintenance and oversight do not violate these rights.
Undoubtedly, the law also ensures that landlords can protect their rights. State laws often protect a landlord’s right to require a monthly rental payment as well as other payments as specified in the lease (utility bills, for instance). The law also protects a landlord’s ability to evict tenants for nonpayment or other legal causes. However, in most cases, a very specific process must be followed to ensure that a tenant’s rights are not violated during an eviction.
Just by remembering key aspects of landlord/tenant law, you can warrant that your rental properties and policies are in compliance. Operating within the law can help you avoid expensive and unnecessary lawsuits and enable your rental properties to still be profitable many years from now.
At Real Property Management Fairmate, our team of expert Monterey Park property managers is here to handle the legal requirements for you. Our staff is trained and well versed in landlord/tenant law, equal housing, fair housing, and more. To ask about our property management plans, contact us online or call us at 626-691-9749.