Tenant Rights in Hayward, California
More than 100 apartment complexes operate in the Hayward, California area. State laws enforce Hayward tenant rights, ensuring that residents' legal and personal rights are not violated by landlords.
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Personal Rights
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California's Department of Consumer Affairs govern tenant civil rights. Those rights include enforcing leasing contracts and protection from unreasonable evictions. A landlord cannot enter a tenant's home unless it is an emergency, with a court order or to inspect or make previously approved repairs or upgrades. Landlords are required to give advanced, written notification of at least 24 hours and may enter only during business hours.
Repairs
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Hayward rental properties are a business venture for landlords, so tenants should expect some right to repair. If reasonable repairs need to be made (such as those harmful to a tenant's health), tenants should contact the landlord by phone and written letter notifying them what repairs need to be made. If a landlord neglects repairs, Hayward residents may employ measures such as "repair and deduct," where a resident may make the necessary repairs and deduct it from rent owed. Repairs should be justified and tenants should be careful when utilizing a method like "repair and deduct." There are limits to such measures.
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Legal Rights
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Hayward tenants have legal rights regarding rent and eviction. If tenants have a month-to-month lease, rent increases notifications must be given 30 days in advance. California law also prohibits increased rent as a punitive measure (when the tenant complains about reasonable repairs or conditions). Evictions must be served for legitimate reasons, such as breach of a lease or failure to pay rent. In case of foreclosure, new federal statutes protect tenants; if tenants have a lease, they do not have to vacate the property until the lease expires unless there is "good cause." Violations of these rights, if unable to be worked out with a landlord, may be disputed in Hayward's small claims court.
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- Photo Credit apartment lease sign image by Aaron Kohr from Fotolia.com
