Category: Tenants Property Rights

California tenants and the right to decent and habitable housing

Posted by Marc D. Whitham - February 18, 2012 - Rights to Decent Housing, Tenants Property Rights, Tenants Rights Information

The implied warranty of habitability The Court decision that recognized the implied warranty of habitability in residential rental agreements has been around for four decades.  In Hinson v. Delis the Court held that when a landlord fails to “substantially obey the housing codes and make the premises habitable” then that landlord was in material breach […]

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Tenants have privacy rights – The Covenant of Quiet Enjoyment

Posted by Marc D. Whitham - January 31, 2012 - Tenants Property Rights, Tenants Rights Information

Do tenants have a right to keep the landlord from entering their home? If he wants in, then he must make the request correctly. California law requires that landlords and their agents give the correct notice before attempting to enter into a rental property. When they give notice, they must follow specific procedures. The Notice […]

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Security Deposit Law in California

Posted by Marc D. Whitham - June 1, 2011 - Security Deposit, Tenants Property Rights, Tenants Rights Information

What Every Tenant Should Know about Getting Back Your Security Deposit   I am often contacted by tenants who have questions about their security deposits.  There is a very long statute in the California Civil Code at Section 1950.5 that describes in detail how landlords and property managers must handle security deposits.  The Code section […]

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