What is ordinary wear and tear in California rental properties?

In a perfect world, all residential tenants would be responsible people who take care of their apartment as if they owned it, would cause no careless damage beyond the ordinary “wear and tear,” would make very little or no noise and would always pay their rent on time. On top of all that, they would be pleasant, agreeable and honest. As most landlords in California and elsewhere realize, it certainly is not an ideal world. Some tenants do resemble those described above. They are people who resolve to consistently live up to their end of the deal when they rent residential property like apartments. Landlords value individuals like that. But other tenants are more problematic. At worst, they can be a source of endless, frustrating headaches for landlords. You may be a responsible landlord with either great or bothersome tenants. Regardless, you need to be absolutely sure that the leases your residential tenants sign contain all the appropriate elements and are written in compliance with the law. You want to be covered for any situation that may arise now or in the future. Things to include in your tenants’ leases While it’s best to take your unique needs into account, every lease should: State the procedure for tenants to follow if they have gripes or questions. Describe everything that pertains to actually paying the rent. That means how it can be paid, what is the due date and what happens if it is missed. Define the property’s occupancy capacity. Guidelines that may apply are the physical size of the property, any local laws plus the Fair Housing Act. Put in all the routine items, like the apartment’s address. The adults living there should each sign the lease. Note if the lease is by month or year. Make your residential lease as airtight as possible There are many important details that should be in a residential lease. Protect yourself by consulting an expert to be sure that you have mentioned all of them.

Tobacco consumption is not as common as it was just a few decades ago. An increase in public awareness about the risks of smoking combined with the increased cost of tobacco products has led to a tapering off of smoking in general and amenities targeted at smokers. Still, millions of Americans smoke regularly. Many individuals may want to smoke at home, even if they can’t smoke at work or when dining at a restaurant anymore. Although tobacco users may want a comfortable place to smoke, their landlords may not allow smoking in their properties. Cigarette or cigar use can easily lead to conflicts between landlords and tenants. Can a landlord financially penalize or evict a tenant for smoking in one of their units? The lease generally determines what steps a landlord can take California does not have a law specifically prohibiting the use of tobacco products inside residential properties. However, the state does restrict smoking in certain public places, such as right outside of a residential building where other people live. Property owners have to make their own decisions about tobacco use. Landlords in California have the right to include certain restrictions in the leases that they execute. They can limit any actions that might damage their units or lead to financial or legal problems. Given that it can cost as much as $15,000 to address the cosmetic damage and health risks caused by smoking tobacco inside an apartment, landlords may have a strong incentive to prohibit tobacco use or make a financial claim against a tenant who smoked inside in violation of their lease. Learning more about California’s laws can help you respond appropriately during a landlord-tenant conflict about tobacco.

Tenants and landlords can disagree on many different issues during a lease. Tenants may want to bring in pets or overnight guests that landlords won’t allow, for example. However, few matters lead to disputes as quickly as money. The security deposit that someone pays to protect a landlord against damage to their unit or the non-payment of rent often leads to conflict at the end of a lease. Tenants want the money back, but landlords may want to keep the funds. When can a landlord in California retain a residential security deposit? What state laws say about security deposits California limits security deposits to two months’ rent for unfurnished units. That could represent thousands of dollars, which technically still belong to the tenant. The state limits when a landlord can retain part or all of a security deposit when a tenant moves out to specific situations. A landlord can keep a security deposit If a tenant breaks the lease by leaving early and does not pay all of their rent. They can also keep the security deposit for documented lease infractions with fees assigned to them, like a daily fee for a pet brought into the unit in violation of the lease. Finally, if the landlord documents damage beyond reasonable wear and tear to the unit, they can retain as much of the security deposit as is necessary to make repairs. Typically, landlords have to provide a written notice to their tenants about their intention to keep the security deposit. Disagreements about the deposit or the condition of the unit could require litigation to resolve. Those dealing with a security deposit dispute can benefit from learning more about California rental laws. Whatever side of the dispute you are on, it helps to know your legal ground.