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8 High Desert Warrior www.aerotechnews.com/ntcfortirwin
January 8, 2016

Legal

Landlord and tenants: both have rights, responsibilities

By Capt. Nicholas Bartholomew, Legal Assistance Attorney

Legal Assistance Office, SJA or abuse, and not remove any part of the dwelling. Simply put, a tenant must treat the property
with respect and avoid causing any intentional harm to it. Beyond this general responsibility,
Recently, the National Training Center and Fort Irwin legal assistance office hosted a workshop you should always make sure you check your lease for any specific responsibilities with regard
covering several landlord/tenant issues that are commonly seen in California. The intent of the to the property that you may be agreeing to.
workshop was to educate our community on what their rights and responsibilities are as both a
landlord and a tenant. As always, if you have any questions regarding any of the issues discussed Landlord Rights
in this article, contact the Fort Irwin legal assistance office at 380-5321. The landlord’s rights regarding the property during the lease are most often rights that a
landlord can exercise in response to a tenant’s failure to comply with a lease. The most common
Tenant Rights
Tenants have several rights under California laws with regard to rental property. Some of See RENT, page 9
the most applicable include: limits on the amount a landlord can require for a security deposit;
the right to a refund of a security deposit or a written account of how it was used; the right to
sue for violation of law or rental agreement; right to a warranty of habitability, and protection
against retaliatory eviction.
The refund of a security deposit is probably the most common issue that people face in deal-
ing with rental property. Under California law, landlords must give notice of intent to withhold
a security deposit as well as an accounting of how that deposit is used within 21 days of the
end of a lease. If a landlord fails to refund or provide an accounting within 21 days, the deposit
must be refunded. Further, a landlord may not withhold a security deposit to repair the normal
wear and tear associated with use of the rental unit. Examples of normal wear and tear are faded
paint or worn (but not significantly damaged) carpets. Lastly, the landlord may not withhold any
portion of a security deposit to repair defects that existed prior to the tenancy. When conducting
move in and move out inspections, make sure that you document any issues with the property
to protect yourself at a later date.

Tenant Responsibilities
Tenants also have a responsibility to maintain the property. As a tenant, you must take reason-
able care of all common areas, repair any damage caused by the tenant or their guest’s neglect

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