Non-Payment Disputes in Westlake Village

Tenants must pay rent after signing a lease agreement, and failure to pay gives the landlord a valid reason to seek action to evict you from the property. Failure to adhere to the terms can also lead to steep fines and monetary penalties.

Even so, sometimes there are legitimate reasons for disputes and non-payment, such as if the landlord fails to make repairs as required and the rental becomes inhabitable. When those situations arise, speaking to a lawyer experienced with non-payment disputes in Westlake Village is an effective way to navigate the process in compliance with the law and protect your rights. Connect with one of our skilled landlord and tenant dispute attorneys today.

Valid Reasons to Withhold Rent

There are three primary reasons for tenants to withhold rent lawfully. However, it often leads to conflict with landlords in Westlake Village, and those include:

Failure to Repair Hazardous Conditions

Landowners, property management companies, and rental agencies have a legal duty and responsibility to ensure the properties they rent are habitable and hazard-free. If the landlord fails to respond within the time allowed by law and makes repairs, the tenant has rights.

Renters may withhold rent until repairs are complete, particularly when their negligent actions cause hazardous conditions. Examples include mold, broken toilets, structural issues, and water leaks.

Unlawful Rental Unit

Renting units out of compliance with local codes and regulations is unlawful. Therefore, if tenants discover the unit they rent is unsafe because of code violations or building without the proper permits, they can vacate the premises immediately to keep themselves and their families safe.

Failing to Make Repairs Within the Allowable Time

When the person responsible for property maintenance and upkeep fails to remediate issues and requests for repairs within the allowable time, the tenant may withhold rent. The maximum time to respond in most cases is 30 days. However, the people responsible for the upkeep must take immediate action for emergencies.

An essential note is that the renters are still required to pay rent during that period, and they must set up an escrow account or similar for the rental payments until the landlord completes the repairs. Another option is repair and deduct, which means the renters take the money for service or restoration from their rent payment.

The California Eviction Process

When landlords wish to evict tenants for non-payment, they must ensure they follow the guidelines provided under state civil regulations. According to the guidance provided by the Judicial Branch of California, the first step to initiate the eviction process is to notify the tenants in writing and give the reason for seeking action to evict them. The property owner may inform the tenants of their intent to evict without filing the necessary paperwork, giving them a deadline to take action and prevent the proceedings from progressing.

The legal eviction process must go through the court and takes 30 to 45 five days, sometimes longer depending on the case circumstances. Further, the time begins after petitioning the court and serving the renters with a copy of the complaint. The purpose of the notice of intent is to influence the renters to act and reconcile the situation. A lawyer seasoned in handling cases for Westlake Village disputes over withheld or failed payments could help landlords or tenants through each step of the process.

Speak to an Experienced Attorney About Westlake Village Non-Payment Conflicts

Whether you are the landlord or tenant, non-payment disputes are usually highly stressful, and protecting your interests is essential. Both sides have quite a bit to lose. That means completing each step and meeting the requirements of state rules and statutes.

A hard-working lawyer skilled in handling non-payment disputes in Westlake Village understands both sides and could help you through the process while protecting your legal rights. Call today to schedule an appointment and review your case this week if you need help.