Tenants rights in California are some of the best out of all of the states. They are comprehensive and protect tenants rights in common rental situations. In addition to state rules, some cities and counties have additional laws that protect renters. In this article, we will briefly summarize tenants rights in California.
Tenants Rights in California: Security Deposit
The maximum security deposit allowed by tenants rights in California is three months’ rent for furnished properties and two months’ rent for unfurnished properties. (Civ. Code §§ 1950.5 and 1940.5g) The law provides exceptions for active duty tenants. The landlord does not have to store the security deposit in a separate bank account nor pay interest if they repay it late, but some cities do require interest on late security deposits. The security deposit must be returned no later than 21 days after the tenant has moved out. (Civ. Code §§ 1950.5g)
Tenants rights in California do not allow additional non-refundable fees to be added to the security deposit, such as pet deposits or cleaning fees. (Civ. Code §§ 1950.5m)
A landlord can only use the security deposit to cover the following costs:
- Unpaid rent
- Repairing damage made by the tenant or their guests
- Cleaning the property, so it is back to the condition it was rented in
- Repairing or replacing furnishings that are damaged beyond usual wear and tear
If the landlord makes deductions from the security deposit, then they must send the tenant an itemized list of the costs. (Civ. Code §§ 1950.5g 4A). Tenants rights in California mean that a landlord who doesn’t comply with security deposit laws could be sued for twice the amount of the security deposit and any additional damages. (Civ. Code §§ 1950.5(l))
Tenants Rights in California: Rent and Other Fees
Lease laws and tenants rights in California state that rent is due at the end of the month unless the rental agreement states otherwise. (Civ. Code §§ 1947) and (Civ. Code §§ 1962). The landlord can collect a maximum of one month’s rent in advance on top of the security deposit. Tenants rights in California also permit the landlord to collect a reasonable amount in late fees only if they are specified in the rental agreement.
California is a rental control state, so tenants rights in California are strict about the terms of rental increases. The landlord must give 30 days’ notice for an increase of 10% and 60 days’ notice for an increase of more than 10%. The percentage increase is in relation to the lowest rent amount for the previous 12 month period. (Civ. Code §§ 827(b)(2-3)).
Tenants rights in California require the landlord to provide a safe and habitable residence. If the landlord refuses to make repairs that make the place inhabitable, then the tenants can withhold rent. Alternatively, the tenant can make the reductions and deduct the cost from their rent. Tenants rights in California do not allow the tenant to use this remedy more than twice in 12 months or to exceed the amount of a month’s rent. (Civ. Code §§ 1942).
If the landlord takes the tenant to court to recover damages, they can recover court fees and lawyers’ fees. (Civ. Code §§ 789.3d). They must minimize the damages by making reasonable attempts to reduce them, including re-leasing the property. (Civ. Code §§ 1951.2).
Tenants Rights in California: Notice Requirements
Tenants rights in California fiercely protect a tenant’s right to privacy and to reasonable notice of events that affect the tenant. The landlord must either have a fixed end date in the lease or give the tenants 60 days’ notice if they plan to end a lease of a year or more.
Tenants require the following notice periods to end a lease:
- If the lease is month to month, then tenants rights in California require the landlord and tenant to give 30 days’ notice to terminate the lease. ( Code §§ 1946)
- If the lease is week to week, then tenants rights in California require the landlord to give 30 days’ notice and the tenant to give seven days’ notice.
If the landlord is selling the property and needs to terminate the lease, then they must give the tenant 30 days’ notice (Civ. Code §§ 1946.1) if the following circumstances are present:
- The rental property must be able to be sold separately to others, like a house or other freestanding property
- The landlord has not previously given notice
- The landlord has given 30 days’ notice by 120 days of opening escrow
- The landlord has started escrow with a licensed real estate broker or agent
- The landlord has signed a sales contract
Tenants rights in California require a three-day eviction notice for any reason, including failure to pay rent (Civ. Procedure Code §§ 1161(2)) or lease violations (Civ. Procedure Code §§ 1161(3)).
Tenants rights in California also afford renters a right to privacy, and the landlord must give tenants 24 hours’ notice before they enter the property for any reason. (Civ. Code §§ 1954a) They must also give tenants at least 48 hours’ notice before a move out inspection (Civ. Code §§ 1950.5(f)). The landlord may enter the property without notice if there is a genuine emergency that needs immediate attention. (Civ. Code §§ 1954b)
There are additional tenants rights in California, like requiring landlords to notify tenants of pest treatments and if they are hiring a professional or performing DIY treatments. Landlords cannot shut off utilities (Civ. Code §§ 789.3a) or lockout tenants (Civ. Code §§ 789.3b(1)).
Tenants Rights in California: Disclosures
Landlords must disclose any issues with the flat in order to be compliant with tenants rights in California. They must disclose the following things:
- Any mould present in the flat to their knowledge (Health & Safety Code §§ 26147)
- If the landlord plans to demolish the unit ( Code §§ 1940.6)
- Information about how to check if sex offenders live nearby. Check the law for the exact wording that needs to be in the rental agreement ( Code §§ 2079.10a)
- Pest issues and any pesticides or pest control treatments being used in the unit ( Code §§ 1940.8, and Business and Professional Code §§ 8538)
- Specific information about where smoking is prohibited and allowed on the property ( Code §§ 1947.5)
See the laws specified above to find out when tenants rights in California require the landlords to make the disclosure and any information that must be included.
Tenants Rights in California: Miscellaneous
Tenants rights in California also require the landlord must accept the application of the first qualified applicant. This stops the decision from being made in a discriminatory manner or creating bidding wars. The landlord must provide the tenant with a copy of the rental agreement within 15 days of them accepting the rental. (Civ. Code §§ 1962(4)) If the utilities service other areas than the tenant’s unit, then tenants rights in California say that the landlord must provide information about how the costs are divided. (Civ. Code §§ 1940.9). Some cities have additional requirements for utilities. For example, San Francisco provides some of the strictest tenants rights in California regarding heating by providing minimum temperatures and times of the day.
Tenants rights in California also provide for domestic violence victims. A victim of domestic violence can request the landlord change their locks (Civ. Code §§ 1941.5 and 1941.6) or terminate the lease early as long as they give 30 days’ notice. (Civ. Code §§ 1941.7) In both cases, the landlord must comply if they are shown proof of domestic violence status, such as a court order. (Civ. Code §§ 1941.5, 1941.6, 1941.7) The landlord can request proof of the domestic violence victim status if they need to. However, tenants rights in California prohibit landlords from discriminating against domestic violence, stalking, or sexual assault victims when ending or renewing tenancies. (Civ. Procedure Code §§ 1161.3).
There are additional tenants rights in California regarding abandoned property (Civ. Code §§ 1965, 1980 to 1991.) In addition, tenants rights in California protect renters from retaliation from the landlord for six months after exercising legal rights or filing official complaints. (Civ. Code §§ 1942.5) Any negative action could be considered retaliation.