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California Tenant Rights Lawyers

Tenant’s Rights

Tenant Rights Attorneys in San Francisco, California

In real estate terms, you’re probably familiar with the landlord-tenant concept. The landlord’s duty is to maintain and provide a safe, functional facility for tenants to thrive in, in accordance with the lease agreement and it is their right to fully receive the rent in full by the due date. Tenants also have rights and responsibilities. For tenants, some of their rights include protection from discrimination, right to liveable conditions, and right to not be charged higher than what is permissible by the state. Tenant laws aren’t always something we think about often, but they are just as important as any law. Tenant rights exist to protect and ensure good living conditions for tenants. These rights are non-negotiables and must be understood by all parties if they either wish to continue their business or if they are looking to file a case against an abusive landlord. If you are a tenant that is going through complications with your landlord, it is best that you fully understand what rights you have as their tenant. A comprehensive understanding of this law can better help and strengthen your fight for just treatment. Are you a tenant that’s experiencing discrimination in your place? Is your landlord increasing your rent without reason? If so, it is best to consult with a San Francisco tenant rights attorney who can explain your rights to you so you can be fully aware of any potential violations.

Real Estate Disputes?

Whether you're dealing with a landlord-tenant dispute or addressing a real estate concern in California, our San Francisco real estate attorneys are here to protect your rights.

What are the Basic Tenant Rights?

While basic tenant rights such as anti-discrimination have been briefly glossed over above, it is always good to understand them in depth. Here are some basic tenant rights every landlord and tenant should know in order to foster a pleasant landlord-tenant relationship.

Anti-Discrimination Rights

From the word itself, tenants have the right to not be discriminated against on whatever criteria, be it race, gender, religion, or disability. The federal Fair Housing Act states that landlords shouldn’t turn away tenants on any of these grounds.

Right to a Habitable Home

One can define a habitable home as a place that is secure and fit to live in. A habitable home is free from unsafe conditions that could cause harm or potential death to tenants and is also free of infestation that can lead to disease.

Security Deposits

Some landlords require a security deposit payment upon signing the lease which will then be returned to the tenant after the end of the lease term. Certain limits are placed by some states on the amount that landlords can charge for security deposits.

Right to Privacy

This one is basic and understandable. Tenants have the right to comfortably live in the home and not have their landlords snoop in on every activity. A notice must be handed in by the landlord should they need to check something in your place along with running the necessary background checks. Other than that, landlords do not have the right to invade a tenant’s personal space.

What is the Fair Housing Act?

The Fair Housing Act or FHA is a tenant’s protection against discrimination in housing. Enacted in 1968, the Fair Housing Act prohibits discrimination based on race, religion, sex, familial status, and disability. Are you being discriminated at a housing for any of the categories above? If so, it is best to get in touch with a San Francisco tenant rights attorney to represent you and fight for your right to live comfortably in a home without being harassed or rejected for these characteristics.

Real Estate Disputes?

Whether you're dealing with a landlord-tenant dispute or addressing a real estate concern in California, our San Francisco real estate attorneys are here to protect your rights.

What is the Implied Warranty of Habitability?

In almost all the states, there is an unspoken rule regarding the habitability of residential leases, meaning that these homes are suitable for living. This implied warranty requires that landlords comply with its guidelines by making necessary repairs and checks to ensure that the residential leases won’t pose harm to its tenants. The warranty’s purpose isn’t oppression, rather a compliance or obedience, a kind of promise to fix and make changes when necessary to the residential property. These changes will not amount to a breach of warranty neither will it excuse the renter from paying their dues in full. There is a minimum standard that residential leases follow and should an apartment’s condition fall short of the standard, the tenant can either request a repair to the landlord in writing. Should the landlord refuse, the tenant can report this to the local building inspector. Withholding rent is also a possibility in this scenario. This means that a portion of the rent that is equal to the code violation’s worth of damage should be placed in a separate bank account. If the full amount has been paid, the tenant could possibly recover part of the paid rent as overpayment due to violations. Should there be an attempt on the landlord’s end to evict the tenant for withholding rent, the tenant can use the code violations as a defense. If you are currently in a situation where your housing conditions are unlivable and below standard and if your landlord is threatening you, contact a San Francisco tenant rights attorney. A tenant rights attorney can explain your rights, thus strengthening your stance in this case.

What do I Need to Know About Security Deposits?

Security deposits are paid to landlords upon signing the lease to ensure that the area will be kept in good condition. The landlord can use this to pay for any damages caused by tenants. Security deposit laws vary from state to state. California law has a rigid amount that landlords have to follow and must not charge above when it comes to security deposits. Landlords cannot transfer last month’s use without the tenant’s consent. Landlords can, however, use this security deposit for unpaid rent once the lease of a delinquent tenant has ended. Documenting damage is a must for tenants. Before moving in, tenants must survey the area with the landlord and see to it that they both agree with the conditions. This practice prevents the tenant from being charged for any damage that was already existing prior to them moving in.

What Do I Do If My Rights are Violated?

If in any situation you feel that your tenant rights are being violated, know that you can always get in touch with a tenant rights attorney. Getting legal assistance from a tenant rights attorney can help you get the best possible outcome in your case. An attorney can help you review and negotiate terms of a lease, assist you if you are facing eviction, and represent you should you be a victim of housing discrimination. A tenant attorney will review documentation, familiarize with the law, and gather evidence to ensure that the outcome tips in your favor.

Seek Legal Advice

If you are a victim of injustices by a landlord in your residential area, know that the best option is to get legal help. Contact SAMLaw to get in touch with a tenant rights attorney who can represent you when you need it the most. A tenant rights attorney can gather evidence, review your case, and offer legal representation to give you the best outcome possible. Schedule an appointment with SAMLaw today!
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