Landlord Tenant Disputes
Landlord – Tenant Disputes
Do you need professional legal assistance in order to settle a landlord-tenant dispute? At BPE Law, we have been providing for the real estate needs of clients since 1995. It is our mission to offer efficient, cost-effective service to every client.
Legal Assistance for Landlord-Tenant Disputes
California law has set out very specific guidelines that detail both landlord rights and tenant rights. Violating these laws can result in legal action and in the forfeiture of a rental property. Because this type of law is so complex, it is essential that both landlords and tenants work with a qualified attorney in order to sort out rental issues. Your BPE Law attorney will guide you through any mediations or legal proceedings that you encounter while dealing with your landlord-tenant dispute.
Handling Landlord-Tenant Disputes Professionally
Whether you are a landlord or a tenant, it is essential that you handle your rental-related issue professionally. Acting childishly or attempting to handle complex legal issues on your own can result in serious financial and legal consequences. Remember that tenants and landlords have defined rights under the law. It is never wise to violate the rights of your landlord or of your tenants when dealing with a rental-property dispute.
Your BPE Law attorney will advise you as to the correct course to pursue in order to handle your dispute. In some situations, a simple sit-down in a landlord’s office may suffice to settle a dispute. In other situations, it may be necessary to pursue either arbitration or litigation to settle the dispute.
Choosing Arbitration for Landlord-Tenant Disputes
During the arbitration process, a landlord and tenant sit down with a mediator and attempt to work out their issue. Arbitration is often useful if the two parties are in disagreement about whether or not some aspect of the lease is being upheld by one of the parties. Arbitration can also provide an excellent way to ease tensions between landlords and tenants who have had no previous issues.
Choosing Litigation for Landlord-Tenant Disputes
In some situations, a landlord-tenant dispute will be so severe that litigation must be pursued in order to settle the issue. Litigation is generally pursued only when either the landlord or tenant has grossly violated the other party’s rights. Litigation may be necessary if a landlord wishes to evict a tenant for failure to pay rent or uphold the terms of a lease agreement.
Understanding Landlord Rights
In California, the Department of Consumer Affairs (DCA) regularly releases a handbook that details the rights of landlords and tenants. While minor changes to these rights may occur, landlords generally enjoy a wide variety of property-related rights and duties. For example, landlords are required to make agreed-upon repairs to the property. In exchange, landlords have the right to receive rent from tenants in a timely fashion. Landlords can also require tenants to follow reasonable rules regarding behavior and use of the property so long as these rules are listed in the rental agreement.
Enforcing Landlord Rights
As a landlord, you have the right to ensure that tenants fulfill all their legal duties and follow the terms of their rental agreements. If tenants fail to fulfill their duties or refuse to follow the lease, you can take action to ensure that your rights are protected. Remember that it is never acceptable to become aggressive with a client or to enter the rental property without advanced notice and reasonable cause. It is always best to let an attorney help you sort out any serious conflicts with a tenant.
Understanding Tenant Rights
Just like landlords, tenants have a full set of rights and responsibilities under California law. Some of the key rights tenants have revolve around personal privacy. Your landlord cannot enter your rental unit without giving you advanced notice unless there is an emergency. Your landlord must also complete repairs and maintenance tasks to ensure that your unit is habitable. In exchange for fulfilling their obligations, you are required to pay your landlords rent in a timely, agreed-upon fashion.
Protecting Tenant Rights
Many tenants feel hopeless when their rights have been violated by their landlords. Perhaps you are concerned that your landlord will wrongfully enter your property or that they will attempt to evict you without cause. If you are having a dispute with your landlord, it is essential that you work with an attorney to ensure that your rights are protected.
If you need assistance dealing with a landlord-tenant dispute, please call us today at 916-966-2260.