The rules that govern landlord-tenant relationships in California is crucial for both parties. California has some of the most stringent tenant protection laws in the United States, aimed at ensuring fair treatment, preventing discrimination, and maintaining safe and habitable living conditions. In this in-depth guide, we’ll explore what a landlord cannot do in California, providing renters, landlords, and property managers with essential knowledge to navigate the complex legal landscape.
In California, landlords must follow strict guidelines when charging application fees and security deposits.
Application Fee Regulations
Landlords can charge an application fee to cover the cost of processing a rental application, but the fee must be reasonable and cannot exceed a state-mandated maximum, which is adjusted annually for inflation. This fee covers expenses like background checks and credit reports.
Limits on Security Deposits
Security deposits are capped at two months’ rent for unfurnished units and three months’ rent for furnished units. This limit includes all additional deposits, such as pet or key deposits. Landlords cannot demand more than these amounts.
Refund Rules and Timeframes
After a tenant moves out, landlords have 21 days to return the security deposit. They must provide an itemized statement if any deductions are made, explaining the specific reasons and costs for the deductions. Deductions can only be made for unpaid rent, damages beyond normal wear and tear, and necessary cleaning to restore the unit to its original condition. Failure to return the deposit or provide an itemized statement can result in penalties for the landlord.
Illegal Actions Landlords Cannot Take in California
California’s laws are strict when it comes to the actions landlords can take. Here are some of the most common illegal actions that landlords cannot take:
Discrimination: Ensuring Fair Housing
Discrimination is strictly prohibited under both federal and California state laws. The Fair Housing Act, along with the California Fair Employment and Housing Act (FEHA), prohibits landlords from discriminating against tenants based on:
- Race or color
- Religion or creed
- National origin or ancestry
- Sex or gender identity
- Sexual orientation
- Disability
- Marital status
- Familial status (including children)
- Source of income
For example, a landlord cannot refuse to rent to a tenant simply because they have children or because they receive government assistance. Additionally, it is illegal for landlords to impose different terms or conditions (such as charging higher rent or requiring additional security deposits) based on these protected characteristics.
Retaliation: What Landlords Must Not Do
Retaliation occurs when a landlord takes adverse actions against a tenant for exercising their legal rights, such as filing a complaint about living conditions or joining a tenants’ union. Retaliatory actions include:
- Increasing rent
- Decreasing services
- Threatening eviction
- Harassing the tenant
California law prohibits landlords from retaliating against tenants who:
- Report health and safety violations to a government agency.
- Participate in tenant organizations.
- Exercise their legal rights under the lease agreement or state law.
Tenants who believe they are victims of retaliation can sue the landlord, and courts may award damages, including attorney’s fees.
Unlawful Entry: Respecting Tenant Privacy
California law requires landlords to respect the privacy of their tenants. Landlords must provide at least 24 hours’ written notice before entering a rental unit, except in emergencies. They can only enter the unit for specific reasons, such as:
- Making necessary or agreed-upon repairs
- Showing the property to prospective buyers, tenants, or workers
- Conducting a pre-move-out inspection
- Responding to an emergency
Entering without proper notice or for unauthorized reasons is illegal and can lead to legal consequences, including claims for invasion of privacy or harassment.
Charging Application & Security Deposits: What’s Allowed?
Application Fee Regulations: In California, landlords can charge an application fee when processing a rental application. However, the fee must not exceed the actual cost of processing the application, and it is subject to a maximum amount set by state law, adjusted annually for inflation.
Limits on Security Deposits: California law caps the security deposit that a landlord can charge at two months’ rent for an unfurnished unit and three months’ rent for a furnished unit. This includes any additional deposits for pets, keys, or cleaning.
Refund Rules and Timeframes: Landlords must return the security deposit within 21 days after the tenant moves out, along with an itemized statement of any deductions. Deductions are only allowed for unpaid rent, repair of damages beyond normal wear and tear, and cleaning to return the unit to the condition it was in when the tenant moved in.
| Type of Deposit | Maximum Allowed |
| Unfurnished Unit | 2 months’ rent |
| Furnished Unit | 3 months’ rent |
| Pet Deposit | Included in above limits |
Neglecting Repairs and Maintenance: Creating a Habitable Environment
Maintenance Obligations: Landlords are required to keep rental properties in a habitable condition, which means ensuring that the property meets basic health and safety standards. This includes:
- Providing functional plumbing, heating, and electrical systems
- Ensuring the roof and walls are intact
- Maintaining safe stairways and railings
- Eliminating infestations of vermin
- Supplying adequate garbage disposal facilities
Dealing with Emergency Repairs: In the event of an emergency, such as a burst pipe or gas leak, landlords must respond promptly to make necessary repairs. Failure to address these issues in a timely manner can result in the tenant taking action to repair and deduct the cost from the rent.
Tenants’ Right to “Repair and Deduct”: Limitations for Landlords: If a landlord fails to make repairs after being notified, tenants have the right to repair the issue themselves and deduct the cost from their rent. However, this is only allowed under certain conditions, such as when the repair is necessary to bring the unit into compliance with health and safety standards, and the cost is reasonable (usually capped at one month’s rent).
Proper Tenant Screening: Avoiding Illegal Background Checks
In California, landlords must adhere to strict legal standards when conducting tenant screenings. Background checks must be fair and non-discriminatory, focusing on relevant factors like credit history, rental history, and criminal background. However, landlords cannot deny an application based on race, color, religion, sex, national origin, familial status, or disability under federal and state fair housing laws. Additionally, landlords must obtain written consent from applicants before conducting any background checks. Violating these screening rules can lead to legal penalties and discrimination claims.
Rent Increase Restrictions: Staying Within Legal Boundaries
California’s rent increase laws are designed to protect tenants from sudden and excessive rent hikes. Under the state’s rent control laws, landlords can only increase rent once per year, and the increase cannot exceed 5% plus the local rate of inflation, with a maximum cap of 10%.
Rent increases also require proper notice 30 days for increases under 10% and 90 days for larger hikes. Any attempt to circumvent these regulations can result in significant legal consequences.
Creating a Habitable Environment: Maintenance Obligations
In California, landlords are legally obligated to ensure that rental properties meet habitability standards. This means properties must be safe, sanitary, and livable. The warranty of habitability covers essential aspects such as functional plumbing, heating, electrical systems, and adequate weatherproofing.
Landlords must address issues like broken windows, leaky roofs, and pest infestations to comply with these standards. Failure to maintain a habitable environment not only jeopardizes tenant well-being but can also lead to legal actions, including tenant claims for rent reduction or repairs.
Mandatory Repairs and Health Standards
California law requires landlords to address repairs promptly to maintain health and safety standards. This includes fixing issues that affect tenants’ health, such as mold, lead paint hazards, and faulty appliances. Mandatory repairs also encompass compliance with building codes and regulations ensuring safe living conditions.
For example, landlords must ensure that smoke detectors and carbon monoxide detectors are installed and functional. Neglecting these responsibilities can lead to legal disputes and penalties, making it crucial for landlords to stay proactive in maintaining their properties.
Dealing with Emergency Repairs
Emergency repairs are critical for maintaining tenant safety and property integrity. In California, landlords must respond swiftly to emergency repair requests, such as those involving significant plumbing leaks, heating failures during cold weather, or electrical issues.
Emergency repairs should be addressed within a reasonable time-frame to prevent further damage and ensure tenant safety. Tenants have the right to request urgent repairs, and landlords failing to act quickly can face legal consequences or claims for damages.
Respecting Tenant Privacy: Entry Regulations
California law strictly regulates a landlord’s right to enter rental properties. Landlords must provide at least 24 hours’ written notice before entering a rental unit, except in emergencies. This rule applies to routine inspections, repairs, or showing the property to prospective tenants.
Respecting tenant privacy is essential for maintaining a positive landlord-tenant relationship and avoiding legal issues. Unauthorised entry or failure to adhere to notice requirements can lead to legal disputes and claims of invasion of privacy.
Procedures for Evicting Tenants: Understanding the Process
Eviction in California must follow a legal process that protects tenants’ rights. Landlords must provide proper notice before proceeding with an eviction. For nonpayment of rent, a 3-day notice to pay or quit is required. For other lease violations, a 30-day or 60-day notice may be necessary.
If the tenant does not comply, landlords can file for an unlawful retained in court. Understanding and following these procedures ensures that evictions are handled legally and minimise the risk of complications or wrongful eviction claims.
Retaliatory Actions: What Landlords Must Not Do
Landlords in California must avoid retaliatory actions against tenants who exercise their legal rights, such as requesting repairs or joining a tenants’ association. Retaliation includes actions like raising rent, reducing services, or initiating eviction proceedings in response to tenants’ complaints or legal actions.
California law protects tenants from retaliation, and any such actions by landlords can result in legal consequences, including damages and penalties. Ensuring fair treatment and respecting tenants’ rights helps maintain a lawful and respectful landlord-tenant relationship.
Respecting Tenant Privacy: Entry Regulations
- Procedures for Evicting Tenants: Understanding the Process
- Retaliatory Actions: What Landlords Must Not Do
- Handling Tenant Property: Rules for Abandoned Belongings
- Tenants’ Right to “Repair and Deduct”: Limitations for Landlords
- Rent Control: Navigating Local and Statewide Regulations
Rent control laws in California limit the amount by which a landlord can increase rent for existing tenants. These laws vary by city, with some areas having stricter regulations than others.
- Statewide Rent Control: Under the California Tenant Protection Act (AB 1482), rent increases for most residential properties built before January 1, 2005, are capped at 5% plus the local rate of inflation, not to exceed 10% of the rent charged during the previous year.
- Local Rent Control Ordinances: Cities like Los Angeles, San Francisco, and Oakland have their own rent control laws that may offer even greater protections for tenants.
Procedures for Evicting Tenants: Understanding the Process
Eviction is a legal process that must be conducted in accordance with California law. Landlords must follow these steps to legally evict a tenant:
- Provide a Notice: Depending on the reason for eviction, landlords must give the tenant a notice to either remedy the issue (such as paying overdue rent) or vacate the property. Common notices include:
- 3-Day Notice to Pay Rent or Quit
- 3-Day Notice to Cure or Quit (for lease violations)
- 30-Day or 60-Day Notice to Vacate (for no-fault evictions)
- File an Unlawful Detainer Lawsuit: If the tenant does not comply with the notice, the landlord must file an unlawful detainer lawsuit in court.
- Obtain a Court Judgment: The court will decide whether the eviction is lawful. If the landlord wins, they will obtain a judgment and a writ of possession, allowing the sheriff to remove the tenant.
- Retaliatory Actions: It’s illegal for landlords to evict tenants in retaliation for exercising their legal rights. For example, a landlord cannot evict a tenant for reporting unsafe living conditions to the authorities.
Also Read : How Much Can I Sue My Landlord For Emotional Distress 2024?
Security Deposit Return: Itemization and Timeliness
In California, landlords must adhere to strict rules regarding the return of security deposits. Itemization is crucial: landlords must provide a detailed statement of any deductions from the security deposit within 21 days of the tenant’s move-out date. This itemization should list each deduction, such as for repairs or cleaning, and include receipts or estimates if available. Additionally, landlords must return any remaining deposit funds within this same 21-day period. Failure to comply with these regulations can lead to legal consequences, including claims for the full deposit amount plus potential penalties.
Adhering to Quiet Enjoyment: Avoiding Disruptions
California law guarantees tenants the right to quiet enjoyment of their rental property. This means landlords must avoid actions that significantly interfere with a tenant’s peaceful enjoyment of their home. Examples of disruptions include excessive noise, unauthorized entry, or frequent, intrusive inspections. Ensuring tenants’ right to quiet enjoyment is essential for maintaining a positive rental experience and avoiding legal disputes. Landlords who fail to respect this right may face complaints or legal action for breach of the lease agreement.
Providing Required Disclosures: Obligatory Landlord Transparency
Landlords in California are required to provide specific disclosures to tenants to ensure transparency and safety. These include information about the property’s condition, potential hazards, and any known issues. Required disclosures cover topics such as lead paint hazards, mold presence, and utilities like water and electricity. For instance, if a rental property was built before 1978, landlords must disclose any known lead-based paint hazards. Providing accurate and timely disclosures not only ensures compliance with state laws but also fosters trust between landlords and tenants.
Information about Utilities and Mold
Landlords must inform tenants about utility responsibilities and mold issues. This includes specifying which utilities are covered by the landlord and which are the tenant’s responsibility. Additionally, landlords are obligated to disclose any known mold problems in the property. Mold can pose serious health risks, and tenants need to be aware of any existing issues or potential for mold growth. Proper disclosure and prompt addressing of mold problems help ensure a safe and healthy living environment for tenants.
Lead Paint and Other Hazardous Materials Disclosures
For properties built before 1978, California landlords must provide a lead paint disclosure as part of the lease agreement. This includes providing tenants with information about the risks of lead-based paint and any known presence of lead hazards. Besides lead paint, landlords must also disclose the presence of other hazardous materials, such as asbestos or pesticides. These disclosures are crucial for tenant safety and regulatory compliance. Failure to provide accurate information about hazardous materials can result in legal actions and penalties.
Conclusion:
Navigating the complexities of landlord-tenant laws in California can be challenging, but understanding what a landlord cannot do is essential for both parties to maintain a fair and lawful rental relationship. From ensuring the return of security deposits with proper itemization and within the legal timeframe, to respecting tenants’ right to quiet enjoyment and providing mandatory disclosures, landlords must adhere to strict regulations designed to protect tenants’ rights and promote transparency.
Landlords must also be vigilant about maintaining a habitable environment, addressing mandatory repairs promptly, and respecting tenants’ privacy and legal protections during eviction processes. Ignoring these obligations can lead to legal disputes and potential penalties, impacting both landlord reputation and financial stability.
By staying informed and compliant with California’s comprehensive rental laws, landlords can foster positive relationships with tenants, avoid legal pitfalls, and contribute to a fair and respectful rental market. For tenants, knowing these protections can empower them to assert their rights and seek appropriate remedies if necessary. Ensuring that both parties understand and adhere to these legal boundaries helps create a balanced and equitable rental experience for everyone involved.
People also ask :
What is considered landlord harassment in California?
Unreasonable and persistent threats, intimidation, or interference with a tenant’s right to peaceful enjoyment of their rental property.
What are the new California laws for landlords?
Recent laws include stricter regulations on rent control, expanded tenant protections, and updated rules on eviction processes.
Can a landlord refuse to rent to someone in California?
Yes, but only for lawful reasons such as insufficient income or poor credit history, not for discriminatory reasons.
Can a landlord lock you out in California?
No, landlords cannot lock out tenants without a legal eviction process; doing so is considered illegal self-help eviction.
