What Landlords Cannot Do in California: Know Your Tenant Rights

What Landlords Cannot Do in California: Know Your Tenant Rights

California’s landlord-tenant laws are designed to protect renters from unfair treatment and ensure safe, habitable living conditions. Whether it’s about anti-discrimination rules, security deposit regulations, or protecting tenant privacy, understanding these laws is essential for anyone renting in the state. From the legal limitations on rent increases to strict maintenance requirements, tenants have a range of rights that are upheld by the law. If you’re unsure about any aspect of your rights, consulting a skilled tenant attorney in California can be invaluable. 

This guide will provide an overview of the key aspects of California’s landlord-tenant regulations, helping you navigate your rights and responsibilities as a tenant. As you read on, you’ll learn how these laws can work in your favor and how to address potential issues effectively.

Anti-Discrimination Laws

Under California landlord-tenant law civil code, landlords are prohibited from discriminating against tenants or applicants based on specific protected characteristics. These protections come from the federal Fair Housing Act of 1968 and California’s Fair Employment and Housing Act. Both laws ensure equal opportunity in housing, safeguarding tenants from practices like unfair denial of rental applications or altering lease terms unfairly.

Discrimination based on race, national origin, religion, sex, gender identity, sexual orientation, marital status, or disability is not allowed. Prohibited actions can include refusing to rent, charging higher deposits, or harassing tenants based on these attributes. For example, a landlord cannot impose additional fees because a tenant has children or deny modifications necessary for accommodating disabilities, such as wheelchair ramps.

Local ordinances in cities such as Oakland and Los Angeles often expand protections further. Some areas prohibit inquiries into criminal history or immigration status during the rental process. Asking about primary language or veteran status to exclude tenants can also lead to legal consequences.

Restrictions on Security Deposits and Application Fees

California enforces strict regulations on security deposits and application fees to protect renters from unfair financial practices. Both tenants and landlords should understand the rules to avoid disputes.

Limits on Security Deposits

Landlords can charge a maximum security deposit equal to two months’ rent for unfurnished units and three months’ rent for furnished rentals. Active-duty military tenants, however, benefit from reduced caps: one month’s rent for unfurnished apartments and two months’ rent for furnished ones. For example, if the monthly rent for an unfurnished unit is $1,800, the deposit cannot exceed $3,600. These caps ensure renters aren’t financially overburdened when securing housing.

Nonrefundable Deposits and Refund Timeline

State law prohibits landlords from labeling any part of a security deposit as nonrefundable. All deductions must align with allowable purposes, such as unpaid rent, costs for damage exceeding normal wear and tear, cleaning to return the unit to move-in condition, or repairs agreed to in the lease. Any unused portion, along with an itemized statement of deductions, must reach the tenant within 21 days of moving out. Non-compliance can result in penalties, underscoring the importance of proper deposit handling.

Application Fee Regulations

Rental application fees cannot exceed $52 as of 2021, and landlords may only charge this fee if the property is vacant. These fees help cover screening expenses like credit and background checks but must not surpass the cost of those procedures. Tenants paying application fees deserve transparency regarding how their fees are used.

Rent Control and Rent Increase Restrictions

California protects renters with comprehensive rent control laws designed to prevent sudden or excessive financial burdens. Various statewide and local regulations limit rent increases and safeguard tenants from unfair practices by property owners.

Illegal Rent Increases

Statewide, California landlord-tenant law civil code enforces strict limits on how much rent can increase annually. Under AB 1482, most rental units have a cap of 5% plus the local cost of living increase, not to exceed 10%. Properties built before 1979 in cities like Los Angeles and San Francisco fall under additional rent stabilization ordinances. These laws limit rent increases to percentages typically ranging from 3% to 8% annually.

Landlords are required to notify tenants in writing at least 30 days prior to any increase under 10% or 90 days for larger increases if legally permissible. Rent hikes above these caps, without justifiable exemptions, are considered illegal. Landlords attempting to bypass these restrictions risk penalties and tenant disputes.

Retaliatory Rent Increases

When tenants exercise their legal rights, landlords might aim to penalize them through retaliatory rent increases or similar actions. Examples include raising rent following a tenant’s report of unsafe living conditions or complaints about code violations. California law presumes retaliation if adverse actions occur within 180 days of tenant complaints or other lawful activity.

Landlords found guilty of retaliation may be liable for damages up to $2,000 per act. Courts may increase this amount if the tenant is elderly or disabled. Tenants are encouraged to document instances of retaliation and consult legal experts.

Tenant Privacy and Entry Regulations

California law ensures tenants have the right to privacy in their rented homes. Landlords must follow strict rules for accessing rental properties, respecting tenants’ rights under various legal frameworks.

Notice Requirements for Property Entry

Landlords cannot enter a tenant’s rental property without meeting specific notice standards. They must provide written notice at least 24 hours before entry for nonemergency reasons like repairs or inspections. For property showings to prospective buyers or tenants, a 48-hour written notice is required. Notices must clearly state the purpose, date, and time of the visit.

Delivery of the notice can be done by hand, left in a visible location at the property, or mailed. If mailed, five extra days are added to the notice period. Entry must occur during regular business hours unless the tenant agrees to alternative times, limiting disruptions to tenants’ schedules.

Prohibited Entry Practices

Landlords are prohibited from entering rental units without proper justification or consent. California law does not permit entry outside of emergencies, abandonment, or legal notice compliance. Any attempt at unauthorized entry, such as random inspections or harassment, infringes on tenant rights.

Repeatedly disturbing tenants without valid reasons could classify as harassment under the law. Landlords using intimidation tactics to gain unwarranted access may face legal consequences, as these actions undermine the trust between landlords and tenants.

Role of Legal Representatives

Legal professionals can help when landlords violate privacy regulations. They assist tenants in understanding their rights under the California landlord-tenant law civil code and taking legal steps against unauthorized entries. By navigating complex rules, attorneys help tenants file complaints, request damages, or negotiate solutions, reinforcing their right to peaceful and undisturbed living spaces.

Maintenance and Repairs

California law protects tenants by ensuring rental properties remain habitable. Landlords must address maintenance issues promptly and cannot ignore essential repair obligations.

Neglecting Vital Repairs

Rental properties must meet basic habitability standards under California landlord-tenant law civil code. This includes functioning plumbing, electricity, and heating systems, as well as secure roofing and windows. Issues such as leaks, mold, or electrical hazards cannot be left unresolved if they impact a tenant’s safety or comfort. For instance, failing to repair broken heaters during the winter could be considered neglect.

Tenants have legal remedies when landlords ignore requests for critical repairs. They may report violations to housing authorities or, under certain conditions, handle necessary repairs and deduct the cost from rent. Documentation of repair requests and responses plays a crucial role in these situations.

Liability for Normal Wear and Tear

Landlords bear responsibility for normal wear and tear in rental units. This includes gradual deterioration due to standard use, such as worn carpets, faded paint, or minor scuff marks. Property owners cannot demand that tenants cover costs associated with these issues. For example, a tenant isn’t liable for worn doorknobs or discolored countertops.

Security deposit deductions must only apply to damages exceeding wear and tear, such as large holes in walls or significant carpet stains. State law requires landlords to provide itemized lists and receipts for such deductions to ensure transparency.

Prohibited Lease Terms and Retaliatory Actions

Landlords in California must comply with strict laws designed to protect tenant rights. Among these are regulations preventing the inclusion of unfair lease terms or retaliatory measures.

Waiving Tenant Rights

California law prohibits landlords from demanding that tenants waive their legal protections. Any lease clause attempting to bypass guaranteed rights such as those enforcing habitability standards or privacy protections, is legally invalid. For instance, landlords cannot require tenants to relinquish their right to a habitable living environment or accept conditions that prevent them from reporting unsafe housing. Signing a document with such terms does not negate tenant protections under the law.

Retaliation Against Tenants

Retaliatory actions, such as sudden rent hikes or unwarranted service cutoffs, cannot be used against tenants exercising their lawful rights. California law presumes retaliation if adverse actions occur within 180 days of filing a complaint or reporting habitability issues. In such cases, tenants may file complaints or pursue legal claims to recover damages. Actions like intimidation, threats, or frivolous evictions are also prohibited.

Handling Tenant Property

California law ensures landlords manage tenant belongings with care, particularly in cases of abandonment. Regulations guide how to handle these situations to protect the tenant’s rights and maintain legal compliance.

Rules for Abandoned Belongings

When a tenant leaves items behind, the landlord must provide written notice detailing the property description, storage location, collection procedure, any associated storage fees, and a claim deadline, typically 15 to 18 days. This notice gives tenants a chance to retrieve their belongings while keeping the process transparent. The law requires landlords to store the items securely for this period.

If the tenant fails to claim their property by the deadline, landlords may dispose of it. Disposal options include selling the items and using the proceeds for unpaid rent or storage fees, donating the property, or discarding worthless items. Following these guidelines ensures actions remain lawful and respects tenant-property relations.

Required Disclosures

California landlords are required to provide tenants with specific disclosures, ensuring safety and transparency in rental agreements. Missing or incomplete disclosures can lead to penalties or legal disputes.

Hazardous Materials and Mold

Rental properties built before 1978 require a lead-based paint disclosure. This informs tenants about potential risks if lead paint hazards are known. Rental buildings constructed before 1979 with asbestos must also have this risk disclosed. For units affected by drug contamination from substances like methamphetamine or fentanyl, tenants must be alerted to the potential hazards. If mold exists at levels affecting health, landlords must notify tenants maintaining habitability standards. Unsafe living conditions tied to mold cite landlord neglect, often stemming from unresolved leaks.

Other Mandatory Disclosures

Certain disclosures protect renters beyond hazardous materials. Landlords must provide information about bed bugs in adherence to specific writing standards. Shared utility arrangements, such as electricity costs among units, need to be clearly explained to avoid disputes. Some tenants may face additional property details, like demolition notices or an on-site military ordnance history, which also need written explanation. Legal obligations include notifying tenants of their right to access the sex offender registry.

Conclusion

California’s landlord-tenant laws are designed to protect renters and ensure fair treatment in every aspect of the rental process. By understanding these regulations, tenants can safeguard their rights and address any violations effectively. With the support of legal professionals when needed, renters can navigate disputes, hold landlords accountable, and maintain a safe and secure living environment. Empowered with knowledge, tenants can confidently advocate for their rights and enjoy the protections afforded under California law.