TENANT RIGHTS AND RESPONSIBILITIES. Providing high-quality legal services to kern county’s low-income and elderly since 1968.. 

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Providing high-quality legal services to kern county’s low-income and elderly since 1968.

TIGBLAI
Greater Bakersfield Legal Assistance, Inc.

Agenda. Introduction Tenant Rights Tenant Responsibilities Conclusion Resources for Tenants Q&A Session (please hold questions until the end of the presentation). 

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Introduction   Tenant Rights  Tenant Responsibilities   Conclusion  Resources for Tenants    Q&A Session (please hold questions until the end of the presentation)

TIGBLAI Greater Bakersfield Legal Assistance, Inc.. 

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Are you familiar with the saying, “knowledge is power?” Well, this presentation aims to explore tenant rights and responsibilities, with the goal of empowering tenants and fostering a balanced landlord-tenant relationship. Understanding your legals rights and responsibilities extends beyond compliance; it is crucial for ensuring a habitable and safe living space, protecting against exploitation and unfair treatment by landlords, navigating lease/rental agreements, and confidently addressing any conflicts that may arise.

Tenant Rights Habitability. A landlord is obligated to ensure that a tenant’s home is habitable – Safe and suitable for living in.. 

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A landlord is obligated to ensure that a tenant’s home is habitable – Safe and suitable for living in.

Tenants have a right to request that a landlord repair any unsafe or unhealthy conditions. Request repairs in writing (text message, email, or letter). If possible, take photos to show the condition of the home.  If the landlord does not make the repairs, tenants have the right to seek assistance. Contact your local code enforcement office or health department regarding any unsafe habitability concerns. If you’re unsure who to contact, you may also call 2-1-1 for information.  A landlord cannot retaliate against a tenant for requesting repairs. If you suspect retaliation, do not hesitate to seek legal assistance. (Civil Code, 1942.5)  Withholding rent could lead to eviction. If a landlord declines to address any maintenance issues, seek legal help before deciding to withhold rent or “repair and deduct”.  Even if a tenant can cover the repair expenses, the tenant must meet certain requirements before deducting the costs from the rent.  (Civil Code, 1942.3, 1942.4; Code of Civil Procedure, 1174.2)

Tenant Rights Lease and Rental Agreements. A lease is a fixed term agreement, typically documented in writing. Examples of lease agreements include durations of 6 or 12 months. A rental agreement is a month-to-month contract. Unlike a lease agreement, the landlord or the tenant can end the agreement at any anytime, upon proper notice.. 

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Tenant Rights 
		Lease and Rental Agreements

A lease is a fixed term agreement, typically documented in writing. Examples of lease agreements include durations of 6 or 12 months. A rental agreement is a month-to-month contract. Unlike a lease agreement, the landlord or the tenant can end the agreement at any anytime, upon proper notice.

A tenant has the right to a copy of the signed lease or rental agreement. The landlord must provide a copy of the signed agreement within 15 days.   A landlord cannot make changes to a lease, unless agreed to in writing, by the tenant.   A tenant has the right to refuse demands from landlords requiring payment of rent in cash.   Tenants are protected from rent increases exceeding either 10% in total or 5% plus the percentage change in the cost of living (whichever is lower) within a 12-month period. (Civil Code, 1947.12) Landlords must provide a 30-day notice in writing, before the rent increase goes into effect.

Tenant Rights Eviction Notices. 3-day, 30-day, 60-day, and 90-day Notices of Termination. 

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3-day, 30-day, 60-day, and 90-day Notices of Termination

A landlord must provide written notice before asking a judge to evict a tenant.  There are three types of 3-day notices:   3-day Notice to Pay or Quit (pay rent or move out)  3-day Notice to Perform Covenants or Quit (fix a problem or move out)   3-day Notice to Quit (move out due to a serious lease violation).   If a tenant has occupied the home for less than one year, a landlord must provide the tenant with a 30-day notice.   If a tenant has occupied the home for one year or more, a landlord must provide the tenant with a 60-day notice.

Tenant Rights Eviction Notices (continued). 3-day, 30-day, 60-day, and 90-day Notices of Termination. 

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Tenant Rights 
		Eviction Notices (continued)

If a tenant occupies a rental property under subsidized housing (Section 8), a landlord must provide the tenant with a 90-day notice. During the first year, the landlord must have a valid reason (just cause) for eviction. After one year, the landlord can evict a tenant without cause.  Day 1 starts the 1st day after a tenant receives the notice.  For notices that ask a tenant to pay, or fix a problem or move out, tenants do not count weekends or court holidays.  For notices to only move out, a tenant counts each consecutive day thereafter. However, if the deadline falls on the weekend or a court holiday, then the deadline will be the next business day. If a tenant has a lease and follows the terms, the landlord cannot end the lease until it expires.   For more information about notices, you may refer to Civil Code, 1946.1.

Tenant Rights Eviction. The eviction process begins when the landlord issues a notice to the tenant, requesting action or payment, or to vacate the premises. If the tenant does not comply, the landlord can start an eviction lawsuit to seek court order for the tenant to vacate the property.. 

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The eviction process begins when the landlord issues a notice to the tenant, requesting action or payment, or to vacate the premises. If the tenant does not comply, the landlord can start an eviction lawsuit to seek court order for the tenant to vacate the property.

The tenant has a right to a trial, if the tenant contests the landlord’s right to evict the tenant.  The landlord is required to follow the legal eviction process through the courts. The landlord cannot resort to self-help measures to force the tenant into vacating the premises. Please see examples below: Physically remove tenant’s belongings  Change the locks    Cut off  utilities (water, gas, electricity)  If a tenant is served with an Unlaw Detainer (the start to an eviction case) the tenant should seek legal assistance immediately.

Tenant Responsibilities. A tenant is responsible for keeping the rented property in a reasonable condition.. 

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A tenant is responsible for keeping the rented property in a reasonable condition.

A tenant is responsible for any damages caused by themselves, their guest, children, or pets.  It is a tenant’s responsibility to ensure that rent payments are made on time – As outlined in the lease or rental agreement.   A tenant is expected to keep noise at a reasonable level.   A tenant is responsible for informing the landlord of any maintenance issues, promptly.   Whenever a tenant changes the locks to the rented property, the landlord should be informed and provided with a copy of the new key.   A tenant is expected to properly dispose of trash and garbage in a sanitary manner.   Before moving out, a tenant is expected to provide the landlord with a written 30-day notice.   For more information about tenant responsibilities, you may refer to Civil Code, 1941.2.

Conclusion. By knowing their rights, tenants can advocate for themselves and hold landlords accountable. Similarly, being aware of their responsibilities may help foster positive relationships with landlords and ensure that their obligations are fulfilled as a tenant. Ultimately, knowledge of rights and responsibilities promotes empowerment and confidence!. 

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By knowing their rights, tenants can advocate for themselves and hold landlords accountable. Similarly, being aware of their responsibilities may help foster positive relationships with landlords and ensure that their obligations are fulfilled as a tenant. Ultimately, knowledge of rights and responsibilities promotes empowerment and confidence!

Resources. Greater Bakersfield Legal Assistance (GBLA) call 661-325-5943 or visit us online at https://gbla.org/ www.selfhelp.courts.ca.gov/eviction-tenant 2-1-1 Kern County by dialing 2-1-1 or 1-800-273-2275; Online at https://www.211kerncounty.org/. 

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Greater Bakersfield Legal Assistance (GBLA) call 661-325-5943 or visit us online at https://gbla.org/  www.selfhelp.courts.ca.gov/eviction-tenant  2-1-1 Kern County by dialing 2-1-1 or 1-800-273-2275; Online at https://www.211kerncounty.org/

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 TENANT RIGHTS AND RESPONSIBILITIES

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 Greater Bakersfield Legal Assistance (GBLA) call 661-325-5943 or visit us online at https://gbla.org/  www.selfhelp.courts.ca.gov/eviction-tenant  2-1-1 Kern County by dialing 2-1-1 or 1-800-273-2275; Online at https://www.211kerncounty.org/

  

TENANT RIGHTS AND RESPONSIBILITIES

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