Landlord Rights in Westlake Village

While many people think of landlords as having all the power in a rental arrangement, plenty of laws protect tenant rights. Landlords may not be able to completely control their property due to policies for rent control, requirements for landlords, discrimination laws, and more.

These rules and regulations can become burdensome, but they are necessary to protect people from unscrupulous landlords. To understand landlord rights in Westlake Village, it is essential to examine tenant rights and obligations as well as those of property owners. An adept landlord-tenant dispute attorney could help you understand both tenants’ and landlords’ rights.

Establishing the Landlord-Tenant Relationship

To establish a landlord-tenant relationship, the parties need a lease agreement. This agreement can be oral or written, as long as it establishes that the tenants will inhabit the landlord’s property in exchange for rent payments.

In a lease agreement, the landlord must disclose information that is important to tenants. The information a landlord should disclose includes:

• Pet policies
• Pest control
• Security Deposit
• Eviction policies
• Utility information
• Property description
• Names of the parties
• Termination policies
• Due date and late fee policy
• Rent amount and payment methods
• Lead-based paint, mold, or other disclosures

While a landlord can do this in an oral agreement, an attorney would encourage them to do it in writing, as this is in the best interest of protecting their rights in Westlake Village. In writing, a landlord can prove that they have disclosed all the necessary information, which protects them in the event of a landlord-tenant dispute.

What Rights Does a Landlord Have?

A landlord’s primary rights are financial. They have the right to collect rent, evict tenants who breach agreements, and withhold security deposits if a tenant damages the property.

In many ways, a landlord’s rights are contingent on them meeting their responsibilities as a landlord, which are:

• Maintain a safe and habitable dwelling
• Provide safe common areas
• Handle pest control
• Ensure utilities are in working order

Generally, the landlord has 30 days to remedy a problem, but the legal requirement is a reasonable time, which can depend on the nature of the repair. If not, the tenants can use what is known as a repair and deduct remedy—they can do reasonable repairs to the property and deduct the cost of those repairs from their rent.

Charge Late Fees

If a tenant fails to pay rent on time, the landlord has the right to charge a late fee. However, the late fee has to be reasonable. The law does not include a grace period, but many landlords include a one in the agreement. The presence or absence of a late fee may depend—at least partially—on whether the landlord includes a grace period.

Charge a Bounced Check Fee

Landlords can charge a bounced check fee, but the law limits how much. They can charge $25 for the first bounced check and $35 for any additional bounced checks.

Raise Rent Every Year

Landlords have the right to raise the rent once every 12 months, though the specified rent must match the lease agreement amount. In other words, a landlord cannot enter this contract and immediately increase rent. Landlords must give 30-day notice for rent increases of 10 percent or less, and 60-day notice for an increase of more than 10 percent.

However, raising rents must comply with state or local rent control caps, which are generally five percent plus inflation or 10 percent over the lowest price in the last 12 months. Local laws may be more stringent. Whichever law is more favorable to tenants is the one that governs the landlord-tenant relationship.

Collect Security Deposits

Landlords also have the right to collect security deposits. If the Westlake Village tenant maintains the property in good condition and pays all rent, the landlord should return the total amount of the deposit within 21 days. If not, the landlord can retain all or part of the deposit.

Tenant Responsibilities

Understanding what Westlake Village tenants must do can help landlords understand their rights. Paying rent on time is a tenant’s primary obligation. The lease agreement should specify when, where, and how payments should be made. It should also discuss late fees and any fees for things like bounced checks.

Tenants must also:

• Make minor repairs
• Keep the rental unit in habitable condition
• keep from disturbing other tenants or neighbors

A lawyer could also explain the requirements and rights of both tenants and landlords in more detail during a consultation.

Learn More About the Rights of a Westlake Village Landlord

Whether you are contemplating becoming a landlord or already owning property, you must understand your rights. An attorney could help you understand landlord rights in Westlake Village and craft lease agreements that protect you from lawsuits and other legal obstacles. Call today to schedule a consultation and learn more.