California Landlord Tenant Law: Understanding Your Rights and Responsibilities
If you are a landlord or a tenant in California, there are specific laws and regulations that you must follow. Not knowing these laws could result in legal problems, fines, and other issues. Therefore, it is essential to have a clear understanding of your rights and responsibilities as a landlord or tenant. This article provides an overview of California landlord tenant law and important information to help you navigate the legal landscape.
1. Overview of California Landlord Tenant Law
The California landlord-tenant law is a comprehensive set of statutes and regulations that govern the relationships between landlords and tenants. It covers various aspects of the rental process, such as leases, rent, security deposits, and eviction. The California Civil Code and California Code of Regulations are the primary sources of landlord-tenant law in the state.
Additionally, some cities and counties in California have their own set of landlord tenant laws that must be followed by landlords and tenants. These local laws provide additional protections for tenants, which may be more stringent than state law.
2. Leases and Rental Agreements
A lease or rental agreement is a contract between the landlord and tenant that outlines the terms and conditions of the rental arrangement. It typically includes information such as the rent amount, security deposit, move-in and move-out dates, and terms of renewal.
Under California law, a lease or rental agreement can be oral or written. However, a written agreement is always recommended as it provides clear evidence of the terms agreed upon by both parties. If a written agreement exists, the landlord must provide a copy of the lease or rental agreement to the tenant within 15 days of signing.
California law requires landlords to disclose certain information to their tenants. This includes the name and address of the landlord or property manager, contact information for maintenance requests, a notice of any hazardous materials on the property, and any prior flooding or casualty losses that have occurred on the property.
3. Rent
Rent is the amount of money a tenant pays to the landlord for the right to use and occupy the rental property. California landlord tenant law does not have any specific restrictions on rent amount, and landlords can charge any amount they believe to be reasonable. However, local rent control ordinances may restrict rental increases or provide other limitations, particularly for properties like apartments. This can include caps on rent increases or requirements that landlords must provide a certain amount of notice to tenants before raising the rent.
Under California law, landlords must notify their tenants in writing at least 60 days before increasing the rent for a month-to-month rental agreement. For a multi-year lease, the rent can only be increased once per year.
4. Security Deposits
A security deposit is a sum of money paid by the tenant to the landlord at the beginning of the tenancy, which may be used to cover any damage to the property or unpaid rent. Under California law, landlords cannot demand a security deposit that is more than twice the monthly rent for an unfurnished apartment or three times the monthly rent for a furnished apartment.
When returning the security deposit, California law provides several requirements to follow. Security deposits must be returned to tenants within 21 days of moving out of the rental unit, minus any unpaid rent or damages. A landlord must provide an itemized statement to the tenant with the deductions taken from the security deposit.
5. Eviction
The eviction process in California is strictly regulated. Landlords must follow specific procedures, and tenants have a right to due process. If a landlord wishes to evict a tenant, they must have a valid reason, such as failure to pay rent or violation of the terms of the lease.
However, landlords cannot evict tenants in retaliation for exercising their legal rights, such as reporting code violations or forming a tenant association. Additionally, landlords must provide written notice before starting the eviction process, usually a 30 or 60-day notice.
6. Protections for Tenants
California law provides several protections for tenants, including:
– Protection against retaliation: Landlords cannot retaliate against tenants for exercising their legal rights, such as forming a tenant association or reporting code violations.
– Habitability: Landlords must provide a habitable rental unit, meaning it must be free from hazards, such as a mold, lead paint, or pests.
– Discrimination: Landlords cannot discriminate against tenants for their ethnicity, race, nationality, sex, gender, sexual orientation, or disability.
– Privacy: Landlords cannot enter a tenant’s unit without proper notice, except in emergencies.
– Domestic violence: Victims of domestic violence are entitled to early lease termination as long as they follow California state law procedures.
7. Resources for Landlords and Tenants
Several resources are available to help both landlords and tenants navigate California landlord tenant law. These include:
– Legal Aid Society of San Diego: The Legal Aid Society of San Diego provides free legal services for low-income tenants facing eviction or other landlord-tenant issues.
– California Department of Consumer Affairs: The California Department of Consumer Affairs provides information and resources to help landlords and tenants understand their rights and responsibilities under California law.
– Tenants Together: Tenants Together is a nonprofit organization that provides resources, legal assistance, and advocacy for tenants in California.
In addition, tenants can contact their local city or county to learn about any local landlord-tenant laws or rent control regulations.
8. Conclusion
Understanding California landlord tenant law is essential for both landlords and tenants. By following the law, landlords can avoid legal issues and potential fines, and tenants can ensure their rights are protected. If you have any questions about California landlord tenant law, it’s important to consult with a real estate attorney who specializes in landlord-tenant law. With a clear understanding of the law, both landlords and tenants can have a successful rental experience in California.
Quick Guide To California Landlord/Tenant Rights
State Laws And Rights
All California landlord tenant laws can be located under the official guide of the State of California Department of Consumer Affairs titled A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities. This guide is complex and 124 pages long, so this article will attempt to explain some common issues referenced within the guide. For a complete listing of California landlord tenant law under this guide, visit the following website.
Tenant Rights Concerning Unlawful Discrimination
Under California landlord tenant laws, no person shall be denied renting privileges by a landlord, managing agent, real estate broker, or salesperson according to their race, color, religion, sex, sexual orientation, marital status, national origin, familial status, source of income (in most cases), or disability.
However, if the property is occupied by the owner and they are renting out a room, they may indicate a preference for gender under California landlord tenant law.
Damages To The Property
Under California landlord tenant laws, a landlord may deduct expenses from a security deposit after a tenant has moved out for normal wear and tear damages. The landlord is often responsible for maintenance during the tenant’s stay under California landlord tenant law that involves defects such as build and health codes.
The tenant also has responsibilities in order to prevent certain kinds of damages occurring to the property that could have been avoided. Some of the responsibilities of the tenant include the following:
• Operating gas, electrical, and plumbing equipment properly
• Disposing of trash in a clean manner
• Not destroying, defacing, or removing any structure within the dwelling unit
• Using the premises as they were intended to be used, such as using the bedroom as a bedroom and not a bathroom
• Notifying the landlord when door and window locks don’t work properly
Terminations And Evictions Under California Landlord Tenant Law
Under California landlord tenant laws, a landlord is responsible for giving the tenant a 30-day or 60-day notice for eviction. There are certain cases under California landlord tenant law, however, where a landlord can evict a tenant with a 3-day notice:
• Failed to pay rent
• Violated the lease
• Damaged the property extensively
• Caused a nuisance to other tenants
• Committed domestic violence or sexual assault
• Engaged in drug dealing or made illegal drugs on the property
• Engaged in conduct involving weapons or ammunition
Security Deposits And California Landlord Tenant Laws
The California landlord tenant law states that a landlord must, in person, inspect the premises before a tenant moves in, and no damages found during this inspection can be subtracted from the security deposit. California landlord tenant laws do allow landlords to keep a partial or full amount of the security deposit in the following cases:
• There is unpaid rent
• The landlord must clean the unit when the tenant moves out to match the standard of cleanliness before the tenant initially moved in
• Damages need repaired due to negligence or simple living wear and tear
• The lease allows the landlord to use the deposit to replace other property such as keys and furniture
