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Tenant Responsibilities

When a person is looking into leasing a place to live they need to think about what they are going to be responsible other than paying the rent. When a person signs a lease they need to make sure to pay close attention to what the tenant responsibilities are. Read below where questions regarding tenant responsibilities were answered by the Experts.

In the state of California what are the landlord and tenant responsibilities?

In the state of California the landlord is responsible to make sure that a rental property is habitable. Once a rental property has been rented out the landlord is legally responsible for any repairs that affect the habitability of the rental property. This means that the landlord is responsible for repairs that may be considered failures to comply with the set local and state health and building codes. At the same time the landlord is not held responsible for any repairs for damages that are caused by the family, guests, pets, or the tenants themselves.

The tenant’s responsibilities in the state of California are to maintain the rental property with reasonable care. They are also responsible for any damages that may be incurred on the property at the fault of the tenants be it from abuse or neglect. Also the damages that are cause by any family, guests, or pets will also be the responsibility of the tenant.

What are the tenant’s responsibilities when moving out?

The tenant’s responsibilities when moving depend on the verbiage of their lease. It is normal for a lease to have in it a provision that provides that a tenant is to leave the rental property “broom clean”, which would imply that tenant is responsible for the interior of the property’s cleanliness. However there are also leases that have more specifications on what are the tenant’s responsibilities when moving out.

What is the life tenant responsibilities and what is the recourse if they fail to keep up their responsibilities?

A life tenant’s responsibilities are to pay the taxes and to maintain the property. If a life tenant fails in paying the taxes on the property and the property is foreclosed on and sold them the landlord is able to sue for the loss of the property. In most cases though the landlord will go ahead and pay the taxes for the life tenant, and then sue the tenant for the amount of money that was paid for the taxes.

If a tenant pays for repairs to a property, can they deduct this from their rent or is it considered the tenant’s responsibility to pay for it?

It will depend on how the landlord wants to approach the situation, they may accept the deduction in the rent or they may not. If the landlord does not accept the deduction in rent and issues an eviction notice due to non-payment then the tenant needs to escrow the rent with the court and ask that the reduction take place. Otherwise the tenant will be in breach of the lease if they do not pay rent or deduct the total of the maintenance from the rent. If an eviction notice is given with the stipulation of paying the amount deducted, it is advised that the tenant pay the amount and the escrow the amount for the next month’s rent. The tenant should also provide the landlord with a written request for payment or reduction for the fees paid for the repairs.

Landlords and tenants each have responsibilities that they have to fulfill. Each lease may be different in the specifications of what each party’s responsibility to the other and the property. When questions arise as to what the specifications are, an individual should consult their leases.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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6 Real Estate Lawyers are Online Now

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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
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Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

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