(10) Agreements For Download
Security Deposit Limit and Return Policy
Cal.Civ.Code §§ 1950.5 and 1940.5g states that the landlord can ask for a maximum of two months’ rent as a security deposit for the unfurnished house and a maximum of three months’ rent for the furnished property.
The security should be returned within 21 days after the tenant vacates as required by Civ. Code §§ 1950.5g. The deposit can be held for unpaid rent, repairing of damages, cleaning the unit or for the restoration of items in the premises as per the agreement.
Required Disclosure for California State
The 2012 Fair Housing Handbook of California states that the landlord should offer tenancy according to the first qualification. Civ. Code §§ 1954.602 restricts that landlord from renting or leasing a property infested with bedbugs and should disclose information regarding the same to the potential tenant and carry out treatment for the infected unit and the surrounding according to Civ. Code §§ 1954.604.
Among other things the landlord should disclose include:
- Pest disclosures
- Smoking prohibitions
- Available utilities
- Proof of Domestic Violence Status
- Demolition of properties or a unit
Late Fees and other Rent Rules
According to Civ. Code §§ 1947 and Civ. Code §§ 1962 rent is paid every month for lease less than a year and due at the end or the beginning of the month. The landlord should communicate on the rent increase within 30 days if 10 percent of the lowest amount of rent charged during the last 12 months and 60 days if the increase is more than 10 percent of the same according to Civ. Code §§ 827(b)(2-3).
The tenant is allowed to withhold the rent in cases where essential amenities are not provided or deduct rent after doing repairs under Civ. Code §§ 1942.
Termination and Eviction Rules
The landlord is supposed to give 60 days for tenants who have stayed over 12 months and 30 days for those stayed less than 12 months as required by Civ. Code §§ 1946. The week to week tenants is supposed to give seven days notice while the landlord is expected to provide them with 30 days notice.
Having insights on the laws, responsibilities, and rights of both the landlord and the tenant is essential as it enables both parties to answer and relate t legal matters without necessarily needing the help of a lawyer. It is also vital as it protects both the tenant and the landlord and strengthens their relationship as they are bound to follow the rules and set agreements.