Best Landlord & Tenant Lawyers in Bakersfield

About Landlord & Tenant Law in Bakersfield, United States

Landlord and tenant law in Bakersfield, California, governs the relationship between property owners who rent out residential or commercial space and the individuals or businesses that occupy those properties. This area of law outlines the rights and responsibilities of both landlords and tenants, covering issues like lease agreements, security deposits, rent payments, repairs, and evictions. California statewide laws form the basis of landlord and tenant regulations, while some local ordinances and rules specific to Bakersfield and Kern County may also apply. Having a basic knowledge of these laws helps both landlords and tenants prevent and resolve disputes.

Why You May Need a Lawyer

Working with a lawyer can be helpful in many landlord and tenant scenarios in Bakersfield. Tenants may need legal assistance when facing eviction, disputes over repairs, issues with security deposit returns, or claims of unlawful rent increases. Landlords might seek legal help when dealing with nonpayment of rent, property damage by tenants, or navigating the eviction process. Other situations, such as negotiating a lease agreement, addressing habitability concerns, or handling discrimination claims, can also benefit from professional legal guidance. Legal representation can be especially important when matters are complex or when communication between the landlord and tenant has broken down.

Local Laws Overview

Landlord and tenant matters in Bakersfield are primarily governed by California state laws, such as the California Civil Code and regulations from the Department of Consumer Affairs. Bakersfield does not currently have strict rent control ordinances like some other California cities, but state laws, such as the Tenant Protection Act of 2019, can apply to certain situations concerning rent increases and just cause evictions.

Key local aspects to consider in Bakersfield include:

• Security Deposits: Under California law, there are limits on how much landlords can collect, requirements for returning deposits, and rules on what constitutes valid deductions.
• Evictions: Landlords must follow strict state procedures for evicting tenants. This includes providing proper notice and having legitimate legal grounds for eviction, like nonpayment of rent or lease violations.
• Maintenance and Repairs: Laws require landlords to maintain rental units in a habitable condition, meaning safe, sanitary, and fit for occupancy. Tenants can request repairs and may have remedies if a landlord fails to act.
• Anti-Discrimination: Federal and state laws prohibit discrimination based on race, color, religion, national origin, sex, familial status, disability, and other protected categories.
• COVID-19 Protections: Some state-level tenant protections may still be in effect, especially regarding evictions and payment plans for rent arrears, though these are subject to change.

Frequently Asked Questions

What is the legal limit for security deposits in Bakersfield?

In Bakersfield, California law limits security deposits to no more than two months' rent for unfurnished residential units and three months' rent for furnished units. This amount does not include the first month's rent.

How much notice must a landlord give to increase rent?

For most month-to-month tenancies, landlords must give at least 30 days' written notice for a rent increase of 10 percent or less, and 90 days' notice for increases greater than 10 percent over a 12-month period.

Can a landlord evict a tenant without a reason?

No, under the California Tenant Protection Act and other laws, most tenants in California, including those in Bakersfield, can only be evicted for "just cause" such as nonpayment of rent, lease violations, or owner move-in. There are exceptions for certain properties.

What should I do if my landlord refuses to make repairs?

Tenants have the right to live in habitable conditions. If a landlord fails to make necessary repairs, tenants should provide written requests and keep records. In some cases, tenants may be able to withhold rent or repair and deduct the cost, but these steps should only be taken after understanding the legal risks.

How soon must a landlord return my security deposit?

Landlords in Bakersfield must return the security deposit within 21 days after a tenant moves out, either in full or with an itemized statement of deductions.

Is my landlord allowed to enter my rental unit without notice?

Except in emergencies, landlords must provide at least 24 hours' written notice before entering a rental unit for inspections, repairs, or showings. Entry must occur during normal business hours.

What happens if I cannot pay rent due to a financial emergency?

If you are unable to pay rent, communicate with your landlord as soon as possible. In some circumstances, you may be protected under state or local COVID-19 relief measures, or you may negotiate a payment plan. Nonpayment may eventually lead to eviction, but you have rights during that process.

How can I challenge an unfair eviction?

Tenants have the right to contest an eviction in court. If you receive an eviction notice, review it carefully and respond within the required time. Seek legal advice or assistance to understand your options and represent your interests.

Are oral rental agreements legally binding in Bakersfield?

Yes, oral rental agreements are legal and enforceable for most rental periods of less than one year. However, written agreements are strongly recommended for clarity and evidence of terms.

What actions are considered illegal discrimination by a landlord?

It is illegal for landlords to discriminate against tenants based on race, religion, gender, family status, disability, sexual orientation, nationality, or other protected characteristics under federal and state law.

Additional Resources

If you need more information or assistance with landlord and tenant matters in Bakersfield, consider reaching out to these organizations:

• California Department of Consumer Affairs - Provides resources and guides for tenants and landlords.
• Kern County Superior Court - Handles eviction (unlawful detainer) cases and provides self-help services.
• Greater Bakersfield Legal Assistance (GBLA) - Offers legal aid for low-income individuals facing housing issues.
• Fair Housing Council of Kern - Addresses housing discrimination and provides educational resources.
• California Courts Self-Help Center - Offers guidance on tenant-landlord court procedures.

Next Steps

If you are facing a landlord and tenant issue in Bakersfield and need legal support, start by organizing your documentation such as lease agreements, written communications, and relevant notices. Consider contacting one of the resources listed above for advice. If your matter is urgent or if negotiations have failed, consult a licensed attorney who specializes in landlord and tenant law in California. Legal professionals can offer guidance on your particular circumstances, help you understand your rights and obligations, and represent your interests in negotiations or court. Being proactive and informed is the best way to protect your rights and find a resolution.