The relationship between a landlord and tenant is based on trust and a mutual understanding. A landlord may choose to give a property for rent to a tenant under certain conditions. A set of rules and agreements is laid down, and the tenant is supposed to comply with it. However, things don’t go as desired all the time. Situations may arise that would force the landlord to evict the tenants for many reasons. They cannot simply enter their property and throw the tenants out physically. That is against the law in every state.
A proper legal procedure has to be followed to carry out an express eviction. Generally, the help of a lawyer or a legal advisor is sought as they are well-versed with all the proceedings. Just as the situation of eviction arises once in a while, the opposite is also true. If the landlord as well as tenant maintain a certain decorum and follows simple laws, the eviction can be avoided. The laws are not the same in all the states though. Each state has its specific set of laws that need to be followed diligently. In the following article, we present an overview of eviction laws in California.
Laws to be followed by the tenant
There is a golden rule that a tenant must keep in mind when they are renting a property. The property still primarily belongs to the landlord, and he or she may include some rules that have to be followed to live peacefully. All these rules have to be included in the rental agreement that also contains the signature of the tenant and landlord, meaning that both the parties agree to it. In case a violation of a particular rule is occurs, the landlord must be informed early so that the situation doesn’t escalate up to eviction. The tenant also has to keep the property clean and tidy, without causing any damage to it. Generally, they are not allowed to make any physical alteration to the property. Click here to learn more about the procedure of express eviction.
However, the tenant needs permission from the landlord, and the changes have to be done under his supervision. Similarly, the tenant is entitled to a level of privacy. A landlord cannot enter the property on his whim and fancy. If he suspects some kind of untoward activity and wants to investigate it, he has to serve a 24-hour legal notice to the tenant in advance. And the tenant must be notified of entry in the mail.
However, there is a condition that has to be kept in mind. The mail has to be sent seven days prior to the estimated day of reentering the property. The tenant is entitled to pay the total rent by the stipulated date as agreed prior to the start of the tenancy, failing which they may be sued under an Unlawful Detainer Law. The state of California is very particular about these laws and the small references.
Laws to be followed by the landlord
When a landlord gives a property for rent, he or she has to make sure that the rental space is habitable and does not pose any threat to the tenant in any way. The residence should be clean and tidy. If the property needs any kind of repair, it should be done before the tenant moves in. If there is in fact any area of the house or object that may be deemed harmful and is present prior to occupancy, the tenant cannot be held responsible. Certain safety guidelines are laid down by the housing authority locally that have to be followed by the landlord. Other specifications include a security deposit that the tenant has to pay while renting a property, the amount of which depends on the furnishings present. In case it is an unfurnished unit, a deposit of up to two times the rent of a month can be charged.
If all the above-mentioned rules are followed, an express eviction can be duly avoided, and the landlord and tenant can live in harmony.