Q: Rights of a tenant without a lease
What are the laws explains the exact rights of said tenant who is not I n lease that is could use in I think one is cc389??387 something like that an thank you for all yours help:)
A:
In California, tenants without a lease are referred to as "tenants at will" or "month-to-month tenants". While they may not have a formal lease agreement, they still have certain legal rights and protections under California law.
One of the key protections for tenants at will is the requirement for the landlord to provide written notice before terminating the tenancy. Under California law, landlords must give tenants at will 30 or 60 days' written notice, depending on how long the tenant has lived in the unit.
Additionally, tenants at will have the right to "quiet enjoyment" of their rental unit. This means that the landlord cannot interfere with the tenant's use and enjoyment of the property, and cannot harass or intimidate the tenant.
Other rights of tenants at will may include:
The right to a habitable dwelling: Landlords are required to maintain rental units in a habitable condition, meaning they must provide adequate heating, plumbing, and electrical systems, and address any pest infestations, mold, or other hazards that could impact the tenant's health or safety.
The right to privacy: Landlords must provide notice before entering a tenant's rental unit, except in emergencies.
The right to be free from discrimination: Landlords cannot discriminate against tenants based on factors such as race, religion, gender, or sexual orientation.
Regarding the specific laws you mentioned, CC 389 and CC 387 are sections of the California Civil Code that relate to the recovery of possession of real property. While these laws may apply in certain situations involving tenants at will, they are not directly related to the rights of tenants without a lease.
If you are a tenant at will and have questions or concerns about your legal rights, it may be helpful to consult with a landlord-tenant attorney or local legal aid organization for guidance.
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