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January 8, 2016
From RENT, page 8 Legal
right that people may encounter is the right to evict a tenant. The landlord has the right to evict
tenants when the tenants act unlawfully, fail to pay rent, violate the rental agreement, or materi-
ally damage the property, among other reasons. A landlord acting to evict a tenant must comply
with all notice and service procedure outlined in California law. During the eviction process, a
tenant has a right to respond to the eviction notice as well as appear in court. If you are a landlord
trying to evict a tenant, or a tenant facing eviction, you may schedule an appointment with legal
assistance to discuss your rights and responsibilities in this process.
Landlord Responsibilities
A landlord has the responsibility to ensure that they comply with all of the tenant’s rights.
The most common issues we see when discussing a landlord’s responsibility is the responsibility
to repair. A landlord must make the unit fit to live in, must repair any conditions that make the
unit unfit for habitation, and must do continual maintenance work to keep the unit habitable.
There are several remedies available to tenants whose landlords fail to meet their responsibilities.
In some situations, tenants may even have the right to withhold rent or repair a defect themselves
and deduct it from required rent. Before you consider withholding rent from your landlord for any
reason, contact an attorney and discuss the situation. If you feel your landlord is neglecting their
responsibility, do not hesitate to contact the legal assistance office to seek advice about your options.
Servicemembers Civil Relief Act
The SCRA offers protections for military members. Particularly within the realm of landlord/
tenant relationships, the SCRA prevents a landlord from evicting a tenant performing military
service without first receiving a court order. The SCRA also allows a military tenant to terminate
a lease early upon receipt of permanent change of duty station or deployment orders if the tenant
gives proper notice.
The vast majority of landlords know and understand the SCRA, and many states even require
that landlords provide notice of SCRA provisions to military members, who sign leases. As with
any other issues, if you feel that your rights under the SCRA are being violated, do not hesitate
to seek assistance from the legal assistance office.
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