Landlord Tenant

Landlord tenant disputes differ from ordinary contract disputes because a landlord or property owner maintain non-delegable duties to the tenant and must adhere to statutory laws that correspond with the written lease obligation. While a lease may govern the obligations of the parties involved in a landlord tenant dispute, there are California statutory provisions (and case law interpreting those provisions) that impose additional obligations to a landlord even without the presence of any written agreement or lease. Consequently, understanding the legal obligations in connection with California landlord tenant law is critical in protecting your business from unwanted and costly litigation.

Is A Written Lease Necessary?

The lease is an extremely important document in any landlord tenant law dispute and often predicts who will be successful in the event of a legal dispute. The legally enforceable document must be carefully drafted to comply with California landlord tenant law. Landlords can subject themselves to unnecessary liability by using standard lease agreements and the worst time to discover these inadvertent liabilities is during a dispute with a tenant. Navigating away from unenforceable lease terms and provisions that can result in a windfall of thousands of dollars to the tenant is a critical part of the lease and something that should be carefully considered long before the lease negotiations commence with a tenant.

How Does A City Rent Ordinance Change My Obligations As A Landlord?

Some cities have elected to implement rent control ordinances and other codes and regulations that must also be followed in addition to the state and federal statutes governing landlord tenant law. Tenants living in Oakland, San Francisco, and Berkeley are protected by rent ordinances in addition to California state statutory protections that appear, at least in practice, to be very pro-tenant. The strict requirements and regulations found in these city rent ordinances subject the landlord, in landlord tenant law litigation, to liability and punitive damages depending on the nature of the claims. The tenants, in these landlord tenant law disputes, will frequently file breach of habitability, wrongful eviction, unfair business practices claims, and a myriad of other claims that result in costly litigation and may also constitute a violation of the rent control ordinance which further compounds the damages a landlord may be exposed to in any landlord tenant action.

Why Hire Ghantous Law Corporation?

No matter how diligent, landlords often find themselves engaged in costly litigation with tenants represented by counsel specialized in taking advantage of statutes enacted to protect tenant rights. Landlords in these cases bear the burden of proof in demonstrating a reasonable approach upon notice of the alleged housing violation. These disputes require a reasoned approach to problem-solving, knowledge of all potential liabilities, and an aggressive defense when litigation ensues.

We regularly advise property owners and property management companies in various landlord tenant law disputes including lease disputes, rent ordinance compliance, breach of habitability claims, mold litigation, toxic-tort matters, and fair housing act claims in all Northern California jurisdictions. Using the over 25 years of litigation and insurance defense experience, we have successfully achieved an offensive defense to litigation threats while utilizing cost effective strategies to obtain the best results for our clients.

The firm can provide solid and accurate counsel in the interpretation of rights and legal obligations of any dispute as they occur. By retaining counsel before litigation commences, you can more likely ensure the successfully defense of litigation claims or the avoidance of costly litigation entirely.