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You are reading: California Landlord-Tenant Laws

April 11, 2024

California Landlord-Tenant Laws

Daniel Berlind
CEO

Welcome to our comprehensive guide on California landlord-tenant laws, where we navigate the intricate landscape of renting in the Golden State.

Understanding these laws is crucial for a smooth and harmonious renting experience, whether you’re a seasoned landlord or a first-time renter. From rights and responsibilities to eviction procedures and rent control, we’re here to demystify the legal framework governing landlord-tenant relationships in California.

Is California a landlord-friendly state?

California is often referred to as a tenant-friendly state. There are numerous protections and laws in place that safeguard tenant interests.  However, that doesn’t mean landlords are always at a disadvantage. With proper knowledge and adherence to state laws, being a landlord in California can also be a profitable venture.

One of the main reasons why California is considered tenant-friendly is its strong rent control laws. These laws limit how much landlords can increase rent each year, protecting tenants from sudden and drastic rent hikes.

Another factor that contributes to the state’s reputation is its strict eviction procedures. Landlords must follow specific steps when evicting a tenant and cannot do so without just cause. This ensures that tenants are not unfairly forced out of their homes.

However, it’s important to note that while California may have more protections for tenants compared to other states, these laws also provide rights and responsibilities.

Landlord rights and responsibilities

Landlords in California have certain rights and responsibilities when it comes to renting out a property. Here are a few important things to keep in mind:

Lease Agreement: It’s crucial to have a clear and comprehensive lease agreement that includes essential details such as rent amount, due dates, termination policies, security deposit policies, and necessary addendums.

Rights and Responsibilities: Both landlords and tenants have defined rights and responsibilities. Landlords have the right to collect rent, withhold security deposit, and evict tenants for agreement breaches. However, they must also provide safe and habitable dwelling units, respond reasonably to repair requests, and allow tenants to exercise their Repair and Deduct Remedy.

Rent Payment Clauses: The lease agreement should clearly outline rent payment methods, due dates, and rules. It’s important to mention any late fees that may be charged and any grace periods provided. Additionally, tenants have the right to withhold rent for significant repair failures using the Repair and Deduct Remedy.

Tenant rights and responsibilities

Tenants have the right to live in a safe rental unit. The landlord must maintain functional heating, plumbing, and electrical systems. Tenants also have the right to privacy in their rental units. Landlords are required to give advance notice before entering the premises for repairs or inspections, except in cases of emergency.

Tenants have their own set of responsibilities, too. They are responsible for keeping the rental unit in a clean and sanitary condition. This includes keeping common areas tidy and disposing of garbage properly. They’re also required to pay rent on time and adhere to noise and parking regulations.

Lastly, tenants must inform the landlord of any needed repairs. This ensures that the property is kept in good condition throughout the tenancy.

Rent payment laws in California

Timely rent payments are important for both landlords and tenants. The tenant ideally wants to avoid any late fees, and the landlord wants to be paid on time. Here are a few noteworthy things to know about rent payment laws in California:

Lease Agreement: Whether it’s an oral or written agreement, the lease should include important details such as rent amount, due date, and late fee policy. It’s crucial for both parties to have a clear understanding to avoid confusion.

Rent Payment Clauses: The lease agreement should outline the rent payment methods, due dates, and rules. Late fees can be charged if reasonable, and bounced checks may incur additional fees. Tenants also have the option to withhold rent for significant repair failures using the Repair and Deduct Remedy.

Rent Control Laws: Rent increases in California are capped at 5% plus inflation or 10% of the lowest price paid in the last 12 months. These laws, which started in January 2020 and are expected to last until January 2030, aim to address the housing crisis in the state.

Security deposit laws in California

Under California’s security deposit laws, landlords must refund security deposits within 21 days after a tenant moves out. The full deposit should be returned unless deductions are necessary for unpaid rent or repair costs due to significant wear and tear. In the case of deductions, landlords must furnish a detailed list of repairs carried out using the deposit funds.

It’s important for tenants to keep records and documentation of the condition of the rental unit upon move-in and move-out to protect their rights in case of disputes. Failure to return the security deposit within the specified timeframe may result in penalties for the landlord.

Lease termination laws in this state

To terminate a lease in California, the tenant must provide written notice and follow the specific requirements outlined in the lease agreement and state laws.

Written Notice: The tenant needs to provide written notice to the landlord stating their intention to terminate the lease. This notice should include the date of termination and the reason for termination if required.

Notice Period: The notice period for lease termination in California is generally 30 days. If the rental agreement exceeds one year in age, the landlord is required to issue a 60-day notice to vacate, provided that the unit qualifies for legal exemptions as per state law.

Delivery Method: The notice should be given using a method that can be tracked, such as certified mail or in-person delivery with a witness. This ensures that you have proof of providing the notice.

Lease Agreement and State Laws: Always review your lease agreement and familiarize yourself with the specific termination requirements mentioned therein. Additionally, be aware of any applicable state laws regarding lease termination to ensure compliance.

Eviction laws in California

California has a rigorous eviction process designed to protect tenants. While evictions are definitely possible for landlords, it’s of the utmost importance to adhere to all state and local laws.

The eviction process begins with the landlord serving a written notice to the tenant. This notice can be for various reasons, such as non-payment of rent, violating the lease agreement, or engaging in illegal activities on the premises. The type of notice served will determine the amount of time the tenant has to respond or vacate the property.

It’s important to note that landlords can’t evict tenants without a valid reason and following the proper legal procedures. California and many of its local jurisdictions have Just Cause laws in place that dictate how and when a tenant can be evicted or have their lease terminated.

Once the notice has been served, the tenant can either respond (contest the eviction and go to court) or not respond (results in a default judgment and removal of the tenant).

It’s always recommended to consult an attorney when it comes to legal matters with the property, especially if dealing with an eviction.

Repair and maintenance laws in this state

Tenants in California have the right to request repairs and maintenance from the landlord, and they’re legally obligated to respond and address these issues in a timely manner.

Landlords must provide safe and habitable dwelling units, ensuring that the rental property meets basic health and safety standards. This includes maintaining common areas, such as hallways and staircases, free from hazards and ensuring that essential utilities are functioning properly.

Tenants also have the right to report any necessary repairs or maintenance to the landlord, and they must respond promptly. If the landlord fails to address the repair issues within a reasonable time frame, the tenant may have the right to take action, such as withholding rent or using the repair and deduct remedy.

Maintaining detailed records of repair requests, landlord communications, and any self-handled repairs is crucial. This documentation proves invaluable in case of future disputes.

Notice of entry laws in California

In California, landlords must provide notice before entering a tenant’s rental unit. According to state law, landlords are required to give tenants at least 24 hours notice before entering the premises, except in cases of emergency. This notice must be given in writing, and it should include the date, time, and purpose of the entry. The notice should also inform the tenant that they have the right to be present during the entry.

Landlords must obtain the tenant’s consent before entering the rental unit, except in specific situations like essential repairs or showcasing the unit to potential tenants.

What to include in a lease agreement in California

To ensure clarity and compliance, include all necessary information and terms in your rental agreement in California. Here are four essential items to include:

Parties involved: Clearly state the names of the landlord and tenant(s) involved in the agreement. This will help avoid any confusion regarding responsibility and communication.

Property description: Provide a detailed description of the rental property, including its address, unit number (if applicable), and any specific features or amenities. This will ensure that both parties are on the same page about the rental unit.

Rent amount and due date: Clearly specify the monthly rent amount and the due date for payment. This will help avoid any misunderstandings or disputes regarding rent payments.

Termination and eviction policies: Outline the terms and conditions for terminating the lease agreement and the procedures for eviction, if necessary. Include any notice periods required for termination or eviction to ensure that both parties understand their rights and obligations in these situations.

Including these items in your rental agreement will help protect both landlords and tenants and promote a smooth and transparent rental experience. Mandatory disclosures should also be provided with the lease. This can include relevant addendums and community rules.