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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I have a lease house in California, but the lease is

Customer Question

I have a lease for a house in California, but the lease is originating from the owners in Canada. The lease is for 2 years and cannot be broken and the $1900 deposit is theirs. After 2 years, there is a 60 days notice. Upon that I must let people into the house to see the property during the 60 days notice. If something breaks in the house, I must pay $100. If plants in the yard die, I must replace. I must repaint the place after leaving. Does this comply with the state of California rental laws?
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

While I cannot review the specific terms of your lease, I do see that at least parts of the lease are not going to be enforceable under CA law (security deposits are not "unrefundable" in CA).

Residential lease agreements cannot be drafted in such a way that they provide less protection than the CA landlord/tenant statute.

However, some things that you did note (such as tenant's obligation to maintain landscaping, or the landlord's right of entry (including a right to show the unit to prospective tenants or buyers)) are going to be enforceable.

Other things, such as tenant's liability to repaint regardless of wear and tear and condition, are not going to be enforceable.

I would strongly encourage you to review the California Attorney General's Landlord/Tenant Handbook, it guides you through each step of the landlord/tenant process from looking for a rental, to signing a lease, to dealing with problems, to vacating, to getting your security deposit back.


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