For landlords, the most important provisions in a lease or rental agreement may be those that limit the number of persons occupying the premises and that require tenants to specify their identities. This prevents a tenant’s guests from turning into tenants. But balancing this potential problem with allowing reasonable guest overnight stays requires a carefully considered lease provision.
Whether it’s ignoring a reported bug infestation or leaving electrical wiring dangerously exposed, a landlord’s failure to make necessary repairs may render the premises uninhabitable. Although there are many legal remedies available for a breach of the warranty of habitability, your initial duties as a tenant’s attorney is to simultaneously safeguard the tenant’s well-being and preserve any relevant claims.
Some landlords just can’t let go; they pop into their rented premises unexpectedly under a misguided belief that it’s somehow their right as owner. Not so. A landlord’s right to enter premises occupied by the tenant is strictly circumscribed under California law. But unfortunately for tenants, redress for illegal landlord entry is hard to come by.