You have come to the correct place. Whether you are considering renting and need someone to review the lease agreement, are a landlord seeking the eviction of a tenant, or are currently renting property and trying to shield your tenant rights, a landlord and tenant lawyer can help.
A landlord or tenant who has any questions regarding other legal dilemma or an eviction should consider consulting with an experienced landlord-tenant lawyer Some lawyers will give you initial consultations free of charge or at reduced rates. Legal aid organizations offer free legal help to individuals who qualify centered on income. If the landlord has an attorney, it is probably a good idea for the renter to get one as well (and vice versa).
California Civil Code § 1950.6 regulates the set of screening fees. The application fee is utilized to cover costs related to reference checking. A landlord is not allowed to take an application fee if she or he understands there are no rental units accessible or none available within an acceptable time. That does not stop unscrupulous landlords without really performing checking from collecting application fees from numerous applicants, The most that a landlord could charge goes up each year reflecting inflation and is $45.81 in 2014. Any sum that is not used to perform those checks must be returned to the applicant. Before the fee is required, the landlord must divulge the name, address, and phone number of the tenant screening service, if asked. Go ask the landlord, if you did not get an APT you needed after paying the application fee.
It is important to remember a landlord must follow the conditions of the lease or rental agreement and abide by regulations. The renter may have a legal defense to an eviction lawsuit if the landlord does not. As an example, a landlord who attempts to evict a tenant for a retaliatory or discriminatory motive may lose the suit if the renter can establish the landlord's illegal conduct. See the Breaking a Lease section of for details on tenant defenses to eviction in different states or Being Evicted.Click here for more info.
If you are living with your landlord (Master tenant is your landlord if you're a subtenant) in the exact same unit” under rent control and you're the only renter (or subtenant), you aren't protected under just cause demand of rental ordinance. If there are more than 1 tenant (not subtenant; this only applies to owner occupied homes), it gets fuzzy depending on whether the unit as a whole is considered as an identical unit” or each room is considered to be a separate component.
Then, you should speak to a specialist. In case you are a subtenant and your subtenancy started after May 25, 1998, your master renter may not evict you if she or he didn't notify you in writing your tenancy had not been subject to the just cause provisions of rental ordinance.
If you are living with your landlord (Master tenant is your landlord if you're a subtenant) in the exact same unit” under rent control and you're the only renter (or subtenant), you aren't protected under just cause demand of rental ordinance. If there are more than 1 tenant (not subtenant; this only applies to owner occupied homes), it gets fuzzy depending on whether the unit as a whole is considered as an identical unit” or each room is considered to be a separate component.
