California Law of Tenants Rights
Unlike most states that adopted a version of the Uniform Residential Landlord and Tenant Act, California enacted rental laws that provide more significant rights and protections to a tenant. Tenant rights in California include provisions that are found nearly nowhere else in the country.
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Repair and Deduct
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One of the most significant provisions of the California law of tenant rights is that of repair and deduct. Under repair and deduct, a tenant is able to make repairs to the property needed for health or safety (if the landlord fails to do so) and deduct the cost up to one month's rent.
Rent Withholding
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A California tenant can withhold all or part of the rent if a serious defect that risks health or safety exists in the premises. The right to withhold occurs after a landlord is given notice and an opportunity to repair the defect.
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Benefits
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The primary benefits of the tenant's rights that are fairly unique to California law is to empower a renter with the ability to ensure that the premises are in good repaid and livable.
Common Features
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California law of tenant rights include other protections that are found in all jurisdictions in the United States. These include a three-day notice to a tenant prior to the landlord commencing an eviction action and the obligation of a landlord to ensure that the premises are safe and secure.
Warning
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California landlord and tenant law is complex. A tenant facing the need to assert her rights under the law should consider engaging the services of an experienced landlord and tenant attorney.
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References
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- Photo Credit Image by Flickr.com, courtesy of Chris Griffith
