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You have most likely heard horror stories about landlords and tenants disagreeing over issues like rent and repairs. Sometimes disputes lead to injuries. For example, a landlord might fail to fix a faulty stove and it catches fire, or a tenant leaves items in a stairwell and another tenant trips over them. The parties are now subject to lawsuits for personal injury, eviction, and contract disputes.
If you are battling on these fronts, our skilled landlord and tenant dispute attorneys could settle your common landlord-tenant disputes in Burbank.
When landlord-tenant disputes escalate to breaking federal, state, or Burbank laws, or violate legal tenets, attorneys may have to be involved. For example, tenants who believe a landlord refuses to rent to them, despite belonging to a federally protected class, may have recourse under anti-discrimination laws. Some disputes that arise often include:
A well-drafted lease could solve all these problems because their remedies are spelled out. For example, if the lease specifies the tenant cannot sublet or share an apartment but the tenant sublets it, under California law and the language in a lease, landlords can issue an unconditional quit notice, giving the tenant three days to vacate the premises before eviction papers are filed. Talk to a knowledgeable attorney to strategize resolutions to common landlord-tenant disputes in Burbank.
Many common landlord-tenant disputes are addressed by state law. Tenants grappling with toxic mold or faulty heaters should be aware that landlords must disclose safety hazards. Tenants are generally expected to pay security deposits that are held until the tenant moves and then returned minus the cost of any repairs or cleaning within 21 days. Upon moving in, a tenant and landlord should note the condition of the property in writing, so a tenant knows exactly why money is deducted from the deposit.
Landlords are also not permitted to charge an exorbitant security deposit. They may charge two months’ rent, or three if the property is furnished. As of July 1, 2024, California restricts them to one month’s rent, explained in this article from KTLA. Common landlord-tenant disputes often involve tenants who withhold rent, move, sue landlords, or deduct the cost of critical repairs the landlord fails to provide from their rent.
Property owners are expected to repair dangerous conditions and warn visitors on the property. Tenants are owed the highest duty of care because they are considered invitees in property law, which are people conducting business that benefits the owner. Similarly, tenants who take possession of the property are tasked with inspecting and possibly repairing it, depending on the lease. Failure on either party’s part to keep the property safe and causing injuries to a visitor can lead to a personal injury lawsuit seeking compensation for medical care, lost income, mental anguish, disfigurement, and loss of the enjoyment of life.
Some landlord-tenant disputes can be easily resolved because a solid lease is in place describing the duties and benefits of each party, and remedies if duties are violated. Relationships get more complicated when the ground rules are vague.
Disagreements lead to lawsuits, complaints, and sometimes retaliatory behavior. Before you become tied up in common and bitter landlord-tenant disputes in Burbank, contact us. Our attorneys can offer resolutions that may prevent litigation; and if that is the only option, we can also represent your interests in court.
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