Landlord Tenant Rights in Eureka, California
When a tenant in Eureka, California moves into a rental property, both he and the landlord have certain rights under law. These rights explain how both parties must handle the rental application, lease agreement, fees and maintenance of the property, as well as the tenant moving once the lease period has ended.
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Moving In
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Landlords in Eureka can request an application and a credit check from prospective tenants. The California Department of Consumer Affairs reports that as of 2009, a landlord can charge up to $42.06 directly to the tenant to obtain a tenant's history. The landlord can also charge a holding deposit, which guarantees that she won't rent the unit to someone else during a certain time frame. Before moving in, the landlord and tenant must enter into an oral or written lease agreement. The lease will cover the amount of time the tenant can live on the property, the amount of rent due and any rules regarding the property.
Fees
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The landlord can charge the tenant a security deposit. The security deposit cannot exceed two times the monthly rent, according to the California Department of Consumer Affairs. The landlord cannot raise the rent during the term of the lease, nor can he charge a late fee for missed rent payments. He must list the amount of the late fee in the lease, however. If the tenant's check is returned, the landlord can charge a $25 fee for the first check and $35 for subsequent checks, according to the California Department of Consumer Affairs. The landlord must also list the fee for returned checks in the lease agreement.
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Repairs
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The landlord must make all necessary repairs to the property in a timely manner. This includes any damage that violates health and safety codes or makes the property uninhabitable. The tenant has the right to request repairs in writing or orally. The landlord is not required, however, to repair damage caused by the tenant, guests of the tenant or the tenant's pets. If the landlord fails to make repairs, the tenant can pay for the cost of the repair and deduct it from her next month's rent. Tenants can charge up to a full month's rent for the cost of repairs.
Moving Out
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At the end of the lease, the tenant can terminate the agreement by giving the landlord a written notice of her intent to move out. The tenant must give the notice within the time frame listed on the lease. The landlord can end the lease agreement by giving the tenant a 60-day written notice. When the tenant moves out, the landlord can deduct the cost of repairs and unpaid rent from the tenant's security deposit. The landlord must, however, give the tenant a list of deductions and return the remainder of the deposit to the tenant within 21 days.
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References
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