As an El Cajon property owner, it is essential to understand the laws that govern rental homes in your zone. Landlord-tenant law shows the rights and obligations that both landlords and tenants have relative to a rental property. Though various aspects of landlord/tenant law vary from state to state, there are other parts of the law that all property owners – and tenants – would do well to remember.
Landlord/tenant law frequently is dependent on the strength of your lease agreement. Lease agreements are binding contracts that need to 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, having said that, lease agreements must also follow state and federal tenant/landlord law. Oftentimes, El Cajon property owners might include sections of a lease agreement that violate those laws. As an 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 very important laws to remember include those that regulate security deposits. Even though many landlords require tenants to pay a security deposit before moving in, the number of such deposits may be limited under your state law. Landlord/tenant laws additionally dictate how security deposits are to be returned, including how soon the refund must be issued after a tenant moves out.
By way of 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 might be a complex area, given that while some deductions are allowed, on the other hand, it is illegal for a landlord to deduct the cost of regular maintenance or normal wear and tear.
In a lot of states, landlords have a maximum of 30 days to return a tenant’s security deposit. Exceeding this timeframe could have serious consequences for any landlord, that is why it’s relevant to observe any time limits included in your state or local laws.
Tenant/landlord law, moreover, generally includes protections for both tenant rights and landlord rights. At the least, 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 privileges is that landlords have responsibilities to guarantee that their property maintenance and oversight do not violate these rights.
Certainly, indeed, 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, normally a very specific process must be followed to ensure that a tenant’s rights are not violated during an eviction.
By just remembering key aspects of landlord/tenant law, you can check that your rental properties and policies are in compliance. Operating within the law can help you avoid expensive and unnecessary lawsuits and keep your rental properties profitable over the years.
At Real Property Management Realevate Specialists, our team of expert El Cajon 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 discuss and know more about our property management plans, please contact us online or call our Mission Valley office at 858-997-2100 or our Temecula office at 951-461-0100 for more information.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.