Tenants’ Rights
Commercial Tenants May Be Required to Pay Rent to Bank when Landlord in Default
Section 2938 of the California Civil Code requires commercial tenants to pay their rent to the creditor of their landlord when a landlord defaults on its obligations to its creditor under certain circumstances. The general principle is that if a landlord defaults under an obligation to the creditor, the creditor can compel the tenant to [...]
Landlord Tenant Law: Lease Assignments
We recently posted an article about subleases, and how this may be a remedy for renters who need help paying the rent, or need to move out of their rental unit temporarily but plan on coming back. However, if a tenant who has entered into a written lease agreement for a fixed period of time [...]
Landlord Tenant Law: Subleases
Situations can arise where a renter who has entered into a written lease agreement for a fixed period of time needs to move out (even if only temporarily) before the lease term has ended. Maybe the tenant got a new job suddenly and needs to relocate. Maybe the tenant knows he or she won’t be [...]
Security Deposits, Part IV – Options if the landlord refuses to return the deposit
Our final blog post in the series on security deposits will discuss a tenant’s options if he or she feels their landlord is wrongfully deducting or withholding the security deposit after move-out. The landlord is required to provide the refund of the deposit (if any amount of the deposit was not used in restoring the [...]
Security Deposits, Part III: The Return of the Security Deposit
In our last article in this series, we provided some recommendations for what a tenant should look for in a rental unit before the rental period begins. Now let’s focus on what happens when it’s time for the security deposit to be returned. At the end of the tenancy, the landlord may lawfully elect to [...]
Security Deposits, Part II – Requesting an Initial Move Out Inspection
By requesting a move out inspection PRIOR to the move out, a tenant gets the chance to try and make some the repairs or do the cleaning before the landlord deducts the costs of repair/cleaning from the security deposit. Here’s how it works: 1) Either the tenant or the landlord gives notice that the tenancy [...]
Security Deposits, Part I: Inspecting and Documenting the Rental Unit PRIOR to Move-In
Landlords often ask tenants for a deposit, or “security deposit”, as a condition of moving into a rental unit. The landlord holds the deposit to safeguard his property against the potential risks of allowing a tenant to live there. At the end of the tenancy, the landlord may lawfully elect to use part or all [...]
The “Repair and Deduct” Remedy for Renters
About a month ago we posted an article about Habitability Requirements for Leased Properties and Implied Warranty of Habitability, which discussed landlords’ obligation to make certain repairs in rental properties. Unfortunately, many renters are familiar with the “absentee landlord,” who ignores requests for repairs. If the problems in the rental property are affecting the tenants’ [...]
Habitability Requirements for Leased Properties and Implied Warranty of Habitability
The Department of Consumer Affairs defines a habitable rental unit as a rental unit that substantially complies with building and safety code standards that materially affect tenants’ health and safety. The landlord is required to make any and all repairs in order to make the unit habitable because all leases and rental agreements contain an [...]
California Landlord-Tenant: Tenant Move-Out Process
The past few unlawful detainer articles posted have addressed landlords’ efforts in removing tenants from a property, but what happens when a tenant wants to move out on his or her own accord? The first thing a tenant should be aware of is the lease term, which is binding. If the lease has a fixed [...]