Tag: Protecting Your Tenant 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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Injuries Caused by Landlord Negligence

Posted by Marc D. Whitham - January 14, 2012 - Bad Landlords, Tenants Rights Information

 Some things are always going to be the landlord’s responsibility to fix.  These include things like plumbing, electrical wiring and public areas shared by multiple tenants.  Other things might be the landlord’s responsibility, but the tenant has an obligation to tell the landlord about the problem when he or she finds out about it. Think […]

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Plan Ahead to Protect Your Tenant Rights

Posted by Marc D. Whitham - June 12, 2011 - Eviction Defense, Tenants Rights Information

Judges want to see written evidence.  If you have complained dozens of times to the landlord about the cockroaches and broken windows, it is difficult for judges to believe that you never made any objection in writing. Courts and Commissioners are skeptical when you claim that you paid all of the rent that you say you […]

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