Renters: Know and Understand Your Legal Rights

Renters: Know and Understand Your Legal Rights


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According to a number of 2015 studies, the state of California is one of the most expensive cities to live and rent in. Now regardless of where you live, if you are renting it is absolutely crucial that you are aware of what your rights are as a renter. However, when you think about the pressure of making rent in one of the most expensive areas of the country to live in – where many people are not making much more than minimum wage – there can be a lot of concern over what your rights are as a tenant, especially when it comes to your rent payments.

Here are a few facts and figures that renters in the state of California ought to know about.

How Much Money can a Landlord Charge a Tenant for a Bounced Check?
Bounced checks happen, and sometimes are simply the cause of having fallen upon hard times or a slip of the mind on part of the tenant. That said, a bounced check will always cause you money – you will be charged a fee by both your bank (this will vary by bank) and your landlord. Landlords are legally allowed to charge renters up to $25 for the first bounced check and up to $35 for any additional bounced check.

How much can a landlord charge for a late rent payment?
There is actually no clear-cut law or regulation to answer this question. However, California courts have upheld and stated that approximately 5-10% of the rent as a reasonable penalty for late checks. This is something that should be listed clearly on the lease and answered well before your move-in date. This will help you avoid any potential frustration or confusion in the future.

How much can a landlord charge for a security deposit?
In the state of California, a landlord is legally allowed to charge up to two full months of rent for an unfurnished apartment and no more than three full months of rent for a furnished unit. The amount tends to vary from landlord to landlord and is often based off of experience, if there are pets involved, or if the property has been recently renovated.

When can a landlord enter a rental property, and how much notice do they need to give?
Although renters are always welcome to have their landlords over for tea, this is not an overly common event. Actually, there are not too many situations where a landlord is legally allowed to come over unannounced.

According to California rental laws, a landlord is required to give at least 24 hours notice to the tenant before entering the rental unit (to make repairs, give potential new tenants a tour, etc.) unless it’s for what is referred to as a move-out inspection. A move-out inspection requires that the landlord gives the tenant at least 48 hours notice. The only time(s) that a landlord can legally enter without notice is if there is an emergency or a tenant has moved out or abandoned the rental unit, the landlord can enter without warning.

 

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