Real Estate


Our Modesto Landlord-Tenant Lawyers Explain Laws and Resolutions

Landlord-tenant disputes can result from safety concerns, noise complaints, construction or a multitude of other reasons. As a result, owners and operators of housing buildings must comply with certain legal standards. These preventative standards offer compliant landlords legal protection from unfounded lawsuits or delinquent tenant disputes. Unfortunately, these rules may not be enough to stop a complaint from materializing. In addition, resolving your dispute can have varying degrees of difficulty, depending on which side you are on. Businesses face unique challenges as tenants, as do individuals and landlords. Regardless of what side you are on, if you are facing a housing-related dispute, then our landlord-tenant lawyers can help.Real Estate

What Tenant Rights Are Protected?

Unfortunately, most people feel powerless when faced with landlord-tenant disputes. However, know that you do have certain legal protections as a tenant or landlord. For example, California law states that it is unlawful for a landlord to discriminate against a person. Further, citizens are protected by regulations in the California Fair Employment and Housing Act (FEHA). The FEHA is strengthened by the federal Fair Housing Act (FHA), which includes additional protections.

These laws make it illegal for landlords to discriminate in the sale, rental or financing of housing based on a person’s race and color, religion, sex, gender identity, sexual orientation, age, income, disability, marital status or national origin. Both Housing Acts protect landlords’ rights as well. For instance, you might need protection against tenants demanding unnecessary upgrades for the property or unit. State law determines what items are optional and which can be used to protect you in landlord-tenant disputes.

State and federal laws also address:

  • Landlords’ Rights: Regulations exist to protect owners from baseless claims filed against them by a tenant. For example, California law gives a guideline for making repairs from regular wear and tear — it stipulates that housing materials, like carpet, do not need to be repaired until ten years of regular use. Additionally, you have the right to enforce a reasonable fee if rent is late.
  • Eviction Protections: Sometimes, a tenant leaves you no choice but to evict him or her. In other cases, a tenant may believe their eviction is the result of discrimination. Our landlord-tenant lawyers can help determine if there is a legal right for eviction and if protections apply.
  • Commercial Tenants’ Rights: If you rent property to run a business, a landlord must repair and maintain the infrastructure when needed. In addition, public access must be maintained, such as elevators, wheelchair ramps or escalators. Finally, fire insurance and other coverage must be held by the landlord.

Unresolved Dispute with Your Landlord or Tenant? 

Unfortunately, landlord-tenant disputes are difficult for all parties involved. In some cases, an eviction lawyer or discrimination attorney is necessary. Not only are disputes frustrating, but also damaging to a reputation. Our landlord-tenant lawyers can help even the odds in your favor.

The attorneys at Swingle, Van Egmond & Heitlinger have helped people, including landlords and business entities in civil disputes involving housing. The success of our firm stems from our attorneys’ experience in negotiating a favorable resolution for all parties involved. Any one of them can use their resources and intricate knowledge of California housing law to try to mitigate your risk in civil dispute cases. You deserve to be represented by legal experts who can protect your best interests — our law firm utilizes a trusted team of professionals to scrutinize evidence and investigate all the details of your dispute. We are prepared to help at any stage of your landlord-tenant case.

Call Our Modesto Law Firm Now

At Swingle, Van Egmond & Heitlinger, we work hard to quickly and efficiently settle these kinds of disputes. If you have questions, our housing dispute attorneys are prepared to offer answers at any step of your claim. Our law firm focuses on resolving your dispute quickly and efficiently while doing everything we can to help protect you in the future.

With a free initial consultation, we can review your landlord-tenant claim and tell you how we can help. Call our Modesto, California firm today at (209) 340-1110 or contact us through our website.

What Are Common Landlord-Tenant Disputes?

From commercial tenants being treated unfairly by landlords to irresponsible tenants creating problems for honest landlords, our firm has seen it all when it comes to landlord-tenant disputes. As a result, we have been protecting the right of both commercial tenants, residential tenants and landlords for decades.

Our landlord-tenant lawyers have the experience in renters’ disputes you need in order to reach a favorable outcome. If you have been marginalized by a tenant, property manager or landlord, then we can help. Since every case is unique, the best way to protect your interests is to contact a Modesto attorney.

The following cases are some of the most commonly reported landlord-tenant disputes:

  • Premises Liability: Premises liability law determines who is responsible when someone is injured on a property. The liable party is then usually responsible for paying damages to the injured person. For example, a contractor might be held responsible if someone tripped and fell due to unsafe lighting in a corridor.
  • Slum Housing Claims: If you are a landlord, even a leaky faucet could result in a slum housing claim. However, these claims require evidence. A team of professionals can help scrutinize the claim and work to discover whether the landlord or tenant is to blame.
  • Condition of Infrastructure: No one should have to operate their business or live in a dilapidated building. As a result, your business can suffer or depreciate your quality of life, or you could face a slum housing claim due to factors outside of your control.
  • Commercial Tenant Disputes: Common landlord-tenant disputes involve late, inaccurate or missed rent payments, resulting in a breach of the lease agreement. However, tenants can also face wrongful eviction, damage to property, a landlord’s failure to disclose fees and misrepresentation of a property’s condition.


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