Federal government has enacted laws to protect tenants and allow them to maintain a decent standard of living even if they are unable to own their own home. There are additional state and local laws that protect California renters rights and give California tenants extra protections. For example, California is a rent control state, meaning that there are laws that specify why a landlord may raise the rent and how much they can raise it. In this article, we will explain California renters rights and answer frequently asked questions.
California Renters Rights: Tenant Screening and Rental Application Laws
Can a landlord charge application fees in California?
Yes, landlords can charge non-refundable application fees without violating California renters rights. This fee must not be higher than the cost of screening services and a reasonable amount of time to find information about the prospective tenant. There is a cap on how much a landlord can charge for application fees. In 2021, it is $52.
If the landlord charges an application fee, then they must provide a receipt confirming the out of pocket expenses for the screening. California renters rights require the itemized receipt to ensure the landlord is not just charging the maximum fee and pocketing the difference.
Can a landlord ask about criminal history in California?
California renters rights prohibit landlords from asking for criminal history in a discriminatory manner. If they are going to ask about criminal history, then they must ask everyone about criminal history, not just people of certain races or genders. A landlord can only reject applicants with convictions that pose a legitimate concern to the landlord in terms of their housing. Otherwise, they may not reject an applicant just because they have a criminal history.
Some cities and counties have additional protections to the California renters rights and prohibit landlords from requesting information about criminal history. These restrictions apply to running criminal history background checks.
California Renters Rights: Security Deposit Laws
Is the security deposit capped in California?
Yes. In California, unfurnished rentals are capped at two months’ rent, and furnished rentals are capped at three months’ rent. The exceptions are if the tenant wants to move a waterbed into the rental, that will add half a months’ rent to the total security deposit. If the tenant is an active service member, then the security deposit is capped at one months’ rent for unfurnished and two months’ rent for furnished rentals. California renters rights prohibit landlords from charging extra for pet fees or cleaning fees. This is the total maximum the landlord can request, regardless of any additional fees.
When do landlords have to return the security deposit in California?
The landlord must return the security deposit within 21 days of the tenant leaving the rental property. California renters rights require the landlord to provide an itemized statement for any deductions from the security deposit.
Does the landlord have to pay interest if they return the security deposit late?
This is not required by California renters rights, but some cities and counties have laws about this.
California Renters Rights: Rent Rules
There are a number of laws about California renters rights and rent payments. Some of them protect tenants, and some of them protect landlords.
Is there a grace period in California for paying rent?
No, California laws do not require landlords to give their tenants a grace period. Tenants must pay their rent as per the rental agreement or risk being charged late fees. California landlords have discretion for providing grace periods, but if they do, then California renters rights require that they must always honor this grace period. If the landlord offers the grace period, then rent cannot be late until after the grace period.
Can landlords charge a fee if their tenants check bounces?
Yes, they can charge up to $25 for the first check that bounces. Landlords can charge up to $35 for any additional checks that bounce.
When can landlords evict a tenant for late or missed rent?
California renters rights require the landlord to serve written notice that gives the tenant at least three business days to pay rent. It must warn the tenant that the next step is eviction. The landlord must wait until the three days are up before they file the eviction lawsuit.
Can a landlord in California require their tenant to pay their rent in cash?
Only if the tenant’s checks have bounced in the last three months or they have put a stop payment order on a check. If this is the case, the landlord must notify the tenant of the issue and that they will need them to pay rent for a specified period. California renters rights specify that this period must be less than three months. This notice must be given in writing and show a copy of the bad check or proof.
Can landlords charge late rent fees in California?
Yes, but California renters rights limit how much landlords can charge in late fees. It must be no more than the cost of any interest or collections that the landlord might face because of the late rent. The rental agreement must specify the late fees.
Can landlords increase the rent?
California is a rent control state, meaning there are strict rules around why and how a landlord can increase rent. Cities and counties further protect California renters rights by enacting additional rent control laws. Landlords should check these rules before considering raising the rent.
California Renters Rights: Withholding Rent
California renters rights allow tenants to withhold rent if their landlord fails to maintain a safe and habitable property. In extreme cases, the tenant may sue the landlord, move out without notice, or report the issue to health inspectors. Read on for frequently asked questions about California renters rights to withhold rent or repair and deduct.
Can tenants withhold rent if the landlord fails to make repairs
Only if the issue in question makes the residence inhabitable or poses a threat to the tenant’s health and safety. California renters rights do not require a landlord to pay for or make repairs for issues caused by the tenant or a guest of the tenant.
How can tenants use the repair and deduct remedy?
If the landlord does not make necessary repairs, then California renters rights allow tenants to make the repairs and deduct the cost from their rent payments. There are some restrictions to this, the cost must not be more than one months’ rent, and the tenant cannot use this remedy more than twice within 12 months. Before exercising California renters rights like these, the tenant must have given the landlord a chance to fix it.
California Renters Rights: Access to Property
Tenants have a right to privacy in their homes, just as a property owner would have. Therefore California renters rights prohibit a landlord from accessing the property without giving the tenant notice. There are exceptions for true emergencies or when the tenant has completely vacated the property, but even still, California renters rights impose some restrictions.
How much notice does a landlord need to give in California to enter a rental property?
California renters rights only require reasonable notice, and the law understands that as 24 hours. However, for matters like a move out inspection, California renters rights require a landlord to give tenants 48 hours’ notice. This notice must be given in writing.
California Renters Rights: Eviction and Lease Termination
There are a number of California renters rights that pertain to lease termination and eviction processes. These are to stop tenants from being evicted without warning and becoming homeless.
Landlords can only terminate a lease or serve an eviction notice for the following reasons:
- Failing to pay rent – If the tenant does not pay rent on time, then the landlord can evict them. California renters rights require the landlord to serve a three-day notice before they file for eviction. This gives the tenant a chance to pay rent and notifies them that they will be evicted if they do not.
- Lease violation – If the tenant violates any of the lawful requirements of the rental agreement, then the landlord can evict them. Again, California renters rights require the landlord to serve a three-day notice before they file for eviction. This gives the tenant a chance to fix the violation, or they may be evicted and sued for damages.
In some cases, the landlord is permitted to give unconditional quit notice to tenants. This means that even if the tenant remedies any issue raised by the quit notice, they will still be evicted. Again, this is a three-day notice. California renters rights only allow these notices to be served for severe issues like illegal activity or subletting without permission.