Settling Disputes

Between Landlords

and Tenants

Years of Experience Settling Disputes Between Landlords and Tenants Throughout California

Common Disputes:

Every right or responsibility afforded to either a landlord or a tenant can give rise to a dispute. Even so, some issues go from minor disagreements to legal disputes more often than others. Here are some of the most common we encounter at McCunn Law:

Eviction proceedings
Unpaid rent
Housing discrimination
Housing discrimination
Landlord retaliation
Breach of privacy

When renting or leasing property, both the landlord and tenant enter into a contractual agreement. Ideally, both parties sign a written contract, but there are instances when individuals choose not to do so. Even in these instances, both parties have rights that need to be respected. When it comes to issues involving residential landlord tenant rental dispute lease Granite Bay California, the scale tips in favor of tenants, but landlords do have rights as well.

Landlords’ Rights

At McCunn Law, we find that landlords in California are among some of the most experienced and informed in the country. They know the laws well, generally provide fair rental terms and rarely take their tenants to court when compared to other states. A big contributing factor to this is that California laws make it very clear what the rights of each party in this business arrangement are.

Rental Agreements

Landlords need rental agreements for tenancies that last a year or more. Both oral and written agreements are acceptable and enforceable, but it is far more difficult to enforce verbal agreements. Landlords can increase the rent each year, but only by inflation plus 5% until 2030.

A California Estate Lawyer You Can Trust Call (916) 827-3427

Security Deposits

Deposits are not mandatory in California, but landlords have the right to collect them. California does set a cap on how much a landlord can collect, which is no more than two months of rent. Many landlords use this as a financial stability test in place of or in conjunction with a credit score check. Note that some cities require landlords to pay interest on deposits.

Reasonable Care

Wear and tear of an inhabited rental unit is normal, but landlords are entitled to the expectation that tenants take reasonable care of the home. Tenants also have a duty to fulfill this. If tenants fail to do this, the landlord may keep a portion of the security deposit for repairs.

Property Access

Landlords do have the right to access their properties when necessary, but they must provide notice. California law requires providing written notice at least 24 hours before entering the property. Valid reasons for entry include emergencies, showing the property or making agreed-upon repairs.

Property Use

Landlords can legally restrict some uses of the property. For instance, even though marijuana is now legal for recreational use in California, landlords may prohibit its use on the property. It is also legal to prevent tenants from keeping pets on the premises.

Settle Your Rental Dispute Now Call (916) 827-3427

Tenants’ Rights

As alluded to before, tenants have more rights than landlords when it comes to residential properties. This is true of tenants in any state, but some might argue that it is especially true of tenants in California. It’s impossible to cover all tenants’ rights here, but we can touch on some of the most important areas.

Habitability

Tenants have the right to live in a safe environment that poses no immediate threats to themselves or their families. In the case of a natural disaster, some man-made accidents or other needs for repairs, the landlord is required to provide solutions. When tenants have a disability, the landlord must make reasonable accommodations.

Retaliation

If a tenant makes an honest and legitimate complaint against the landlord, the tenants are protected from retaliation. Of course, this does not mean the landlord will not engage in actions that count as retaliation. However, it does mean that the tenant can call on legal protections if they do.

Discrimination

Anti-discrimination laws for renters start at the federal level, but many states have bolstered these regulations. Generally speaking, the same classes protected while seeking employment are protected when seeking housing. These include the following:

Race or ethnicity
National origin
Sex or gender
Familial status
Religious belief or lack thereof
Disabilities

Settle Your Landlord Tenant Rental and Lease Disputes Now Call (916) 827-3427

Privacy

Tenants have a right to enjoy private use of the rental property, but they cannot restrict access without good reason. Some renters are also concerned about personal privacy when it comes to background checks and credit checks, but landlords do have a right to this information.

Eviction

One of the most common reasons landlords attempt this is the non-payment of rent. However, there are legitimate reasons for withholding rent that tenants may exercise, such as when the landlord does not make necessary repairs. Even when landlords have legitimate reasons, they must provide notice and allow the person some time to move out before filing.

Legal Assistance

The best time to seek legal assistance is when disputes are still only minor agreements. This gives either party the time to re-evaluate their actions and determine the next move without breaking the law or acting unfairly. Consulting with an attorney can provide the information they need to steer them down the right path. In some instances, clients ask us to mediate a dispute between landlord and tenant, so both parties can come to an agreement without the need for battling it out in a courtroom.

If you are a landlord or a tenant who believes your rights have been breached or you have been accused and your business or reputation is on the line, turn to McCunn Law. We help our clients to navigate even the most complex legal issues to arrive at the best solutions possible. Contact us today at 916-827-3427.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.