If you are a citizen of California and frequently deal with buying, selling, and renting of properties, there are a few basic laws to remember in terms of landlord-tenant agreements with regards to buying or renting thereof.
Written Contracts of Agreement
Property and real estate contracts must be in the form of a written legally binding contract. This includes all contracts involving leases, property sales, agreements of commission, licenses, and many others which without a written agreement are considered null and void.
It is advisable to use a real estate lawyer who will draw up the legal documentation needed in order for the contract to be valid. Without this written agreement between the parties, this could lead to possible fraudulent activities or questions regarding the validity of the document.
Declaration of Irregularities
Before the buying or rental of any property ensues, all property defects must be acknowledged by both parties before the final document signing. This includes whether there have been any deaths prior in the last 36 months.
If a property has been vacant or abandoned for a period of three years or more, it becomes the property of the California government. This property can only legally be claimed back by any party before the three year period.
Rental Security Deposits
Security deposits of the rental of properties are required to be paid by the tenant to the property owner. However, unfurnished properties only require a deposit which does not exceed two months rent. A furnished property requires a deposit of no more than three months rents.
Notice of Eviction
If a landlord intends to evict a tenant from their property, the landlord is required to giving the tenant ample advance notice of the eviction in writing as stipulated in the rental contract agreement. This means it is illegal to be evicted without prior notice from the landlord.