California law "favors" tenants

What exactly does that mean?

Historically, tenants have  been disadvantaged for centuries in relationship to property rights, which are held by landlords. Until recently, that is. The last 20 years or so have seen rising regulations to protect tenants from “oppressing” or “capricious” landlords (my words)

Every year, there are changes in Tenant-Landlord laws. And every year I encounter clients, owners as well as renters, who are in situations that should never have happened to them. Some are landlords with difficult or defaulting tenants, some are tenants with scofflaw landlords. Sadly, the scofflaw landlords are more common. But are the landlords truly scoffing the law, or simply ignorant? A lawyer told me once that ignorance of the law does not make a citizen immune from prosecution or fines if he or she breaks it.

Let’s address the common sense problem affecting landlords and tenants:

The most common issues between  tenants and landlords I encounter are related to

• · Security deposit amount and refund at termination
• · “Non-refundable” deposits (no such thing in California)
• · Notice of change of tenancy
• · Notice of termination of lease
• · Wrongful tenant eviction after foreclosure

If you are a landlord using a simple lease form from an office supply store, think twice. Some owners do things the way they have always handled their rentals, unaware of changes in the law. Othertimes an owner is renting out his home for the first time without doing too much due diligence. If you are a tenant dealing with a landlord directly without representation of a knowledgeable Realtor®, know your rights. Chances are the landlord may not know them. 

The lease forms used by California REALTORS® have been crafted by a panel of attorneys to protect both landlords and tenants, and they are updated when laws change.