Best Landlord & Tenant Lawyers in Fresno

About Landlord & Tenant Law in Fresno, United States

Landlord and tenant law in Fresno, California, is designed to protect the rights and responsibilities of both property owners and renters. These laws cover everything from security deposits and lease agreements to eviction procedures and proper notice requirements. While state laws provide the main framework, Fresno also adheres to some specific local regulations that affect how landlords and tenants interact. By understanding these rules, both parties can avoid costly disputes and maintain a healthy rental relationship.

Why You May Need a Lawyer

A lawyer specializing in landlord and tenant matters can provide valuable guidance in various situations. Common reasons to seek legal help include:

• Eviction disputes, including claims of unlawful detainer or wrongful eviction
• Issues with lease agreements, such as unclear terms or breaches by either party
• Problems recovering or returning security deposits
• Claims related to uninhabitable living conditions or required repairs
• Allegations of discrimination based on race, age, disability, or other protected status
• Handling rent increases, abatements, or illegal rent charges
• Disputes regarding entry and privacy rights
• Defending against retaliatory actions by landlords

Getting legal advice can save time and money, help avoid mistakes, and lead to better outcomes in resolving complex or high-stakes disputes.

Local Laws Overview

While California state law sets the baseline for landlord and tenant matters, Fresno has some relevant local provisions and practices you should be aware of:

• Security Deposits: California limits security deposits to two months’ rent for unfurnished properties and three months’ rent for furnished properties. Landlords must return the deposit within 21 days of move out, with an itemized statement for any deductions.
• Evictions: The eviction process or unlawful detainer action must follow strict notice and procedural steps. Depending on the reason, landlords may need to give a three-day, 30-day, or 60-day notice before filing eviction paperwork in court.
• Rent Control: Fresno does not currently have a rent control ordinance like some other California cities, but properties may still fall under state limits on rent increases according to the California Tenant Protection Act.
• Habitability: Landlords are legally required to keep rental properties habitable, which means providing safe and sanitary living conditions, functional plumbing, heating, and protection against weather and pest infestations.
• Discrimination: Both federal and California laws protect tenants from discrimination based on race, religion, gender, disability, family status, and other categories. Fresno follows these rules closely, and violations can result in penalties.
• Notice Requirements: Proper written notice must be given for rent increases, entry for repairs, and ending a tenancy. The type of notice and timing depends on the action and length of tenancy.

Frequently Asked Questions

What is the legal amount a landlord can charge for a security deposit in Fresno?

In Fresno, landlords can charge up to two months’ rent for an unfurnished unit or three months’ rent for a furnished unit as a security deposit.

How much notice does my landlord have to give before raising the rent?

For most rent increases of 10 percent or less in a 12 month period, the landlord must provide at least 30 days' written notice. For increases above 10 percent, 60 days' notice is required.

Can my landlord enter my apartment without my permission?

Landlords must provide at least 24 hours’ written notice before entering the rental property except in emergencies or if the tenant gives permission.

What do I do if my landlord will not make necessary repairs?

Notify your landlord in writing and keep a copy. If repairs are not made in a reasonable time, you may have the right to make repairs and deduct the cost or report the issue to local authorities.

Can my landlord evict me without a reason?

If you are on a month-to-month lease, your landlord generally does not need a reason to end your tenancy (with proper notice) unless you are protected by state or local laws. However, discrimination or retaliation are never lawful reasons.

How can I get my security deposit back?

Make sure to leave the unit clean and undamaged. Your landlord must return your deposit or an itemized deduction statement within 21 days of move-out.

Are there any rent control laws in Fresno?

Fresno does not currently have local rent control, but state limits under the California Tenant Protection Act may apply to many properties.

What should I do if I receive an eviction notice?

Do not ignore the notice. Consult with a lawyer immediately to understand your rights and possible defenses. Respond to any court summons before the deadline.

Can my landlord retaliate if I complain about conditions?

No. California law prohibits landlords from retaliating against tenants who exercise their rights, such as requesting repairs or reporting violations.

What agencies can assist me if I have a dispute with my landlord?

Local legal aid societies, the Fresno Housing Authority, and the California Department of Consumer Affairs are good places to start for assistance and information.

Additional Resources

Here are some helpful organizations and governmental bodies that provide information or assistance related to landlord and tenant law in Fresno:

• Fresno Housing Authority
• California Department of Consumer Affairs - Consumer Information on Landlord-Tenant Law
• Central California Legal Services
• Fresno County Superior Court Self-Help Center
• California Fair Housing and Employment Department
• Fresno City Housing and Community Development Department

Next Steps

If you are facing a landlord-tenant dispute in Fresno, it is important to act quickly. Start by documenting all communications, notices, and issues related to your rental. Review your rental agreement and keep copies of relevant documents.

If you cannot resolve the issue directly with your landlord or tenant, consider contacting a local legal aid organization or scheduling a consultation with an attorney experienced in landlord and tenant law. They can help you understand your rights, explain the process, and represent you in negotiations or court if necessary.

Remember, prompt action can make a significant difference in resolving your legal matter effectively and protecting your interests.