Find out what steps you can take under the law if your landlord fails to meet their responsibilities
Most tenants handle disputes with their landlords without legal representation. Fortunately, we’ve got all the information you need to navigate these issues successfully.
Imagine coming home on a cold winter evening only to find out that your heat has stopped working, or receiving an unexpected eviction notice just as you’re preparing to celebrate your first holiday in your new apartment.
California landlord-tenant laws exist to protect the interests of both parties in a rental agreement. However, these laws are only helpful if you understand them. Here's an overview of some key landlord-tenant laws in California and how they might impact your living situation.
Rental application process in California
When applying for a rental in California, landlords typically request an authorization to obtain a copy of your credit report, which helps landlords understand your financial history and reliability. Landlords may also inquire about your employment status, monthly income, and other factors to determine your ability to pay rent.
However, it’s important to keep in mind that landlords are prohibited from discriminating against applicants based on characteristics such as sex, race, color, religion, ancestry, national origin, disability, familial status, marital status, sexual orientation, gender identity, veteran or military status, age, medical condition, citizenship, primary language, or immigration status.
Landlords cannot even inquire about these protected characteristics.
Landlords may legally ask about your level of income and its source, and the number of people who will be living in the rental unit. This is to ensure compliance with California's occupancy standards, which prevent overcrowding.
However, landlords cannot use occupancy standards to unfairly discriminate against families with children. Furthermore, landlords must not refuse to rent to tenants who use housing vouchers like Section 8.
Before a landlord makes a final decision, they may charge an application screening fee to cover the cost of obtaining a credit report and checking personal references. This fee must not exceed the actual cost incurred by the landlord and must be accompanied by a receipt.
If a landlord denies your application based on information in a credit report, they must provide you with a written notice detailing the decision and the contact information of the credit reporting agency, as well as your right to obtain a free copy of the report and dispute any inaccuracies.
Understanding California rental agreements
California rental agreements come in two main types: month-to-month agreements and fixed-term leases:
| Month-to-month rental agreements | Fixed-term rental agreements |
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All residential rental agreements in California must adhere to the California Residential Landlord-Tenant Act.
What tenants and landlords need to know
about security deposits
A "security deposit" is a sum of money that a tenant pays to the landlord before moving into a rental unit.
The security deposit serves as a form of financial protection for the landlord in case the tenant fails to fulfill their obligations under the rental agreement. These obligations can include paying rent or cleaning the unit when vacating.
Under California law, a rental agreement cannot state that a security deposit is nonrefundable. When the tenancy ends, the landlord must return any payment that is a security deposit, unless the landlord uses the deposit for lawful purposes such as unpaid rent, property damage beyond normal wear and tear, or cleaning the rental unit to the condition it was in when the tenant moved in.
Landlords typically charge a security deposit that might be referred to as last month’s rent, a pet deposit, or a cleaning fee. Regardless of the label, these are all considered part of the security deposit.
As of July 2024, California law limits the security deposit on rental properties to no more than one month’s rent. The only exception is for landlords who own two or fewer properties with a total of no more than four rental units; in these cases, the security deposit can be up to two months' rent.
Security deposits must be returned within 21 days after the tenant moves out, with an itemized statement of any deductions. If a landlord withholds part of the deposit for damages, they must provide a detailed explanation and receipts for any repairs. Tenants have the right to dispute these deductions if they believe they are unfair or unwarranted.
If a landlord fails to return the security deposit or makes unlawful deductions, tenants can take legal action, potentially recovering the withheld amount plus additional damages if the court finds the landlord acted in bad faith.
To prevent disputes over the security deposit, both the landlord and tenant should be present to document the rental unit's condition at move-in and move-out, using photographs and an inventory checklist.
Landlord responsibilities in California
California landlords have specific obligations to ensure rental properties are safe and habitable. These responsibilities, which can be found in the California Civil Code Sections 1941 to 1942.5, include:
- Maintaining habitability:
- Rental units must comply with state and local building and health codes, ensuring they are fit for occupation.
- Completing repairs and maintenance:
- Maintain structural components like roofs, floors, and walls.
- Ensure electrical, plumbing, and heating systems are in good working order and make necessary repairs within a reasonable amount of time.
- Provide and maintain operational smoke detectors at move-in.
- Pest control:
- Implement a reasonable program for controlling pests, including insects and rodents.
- Ensuing locks are secure:
- Provide adequate locks and furnish keys to tenants.
- Change locks upon request for tenants with restraining orders against previous occupants.
- Weatherproofing:
- Ensure rental units are weather-tight, free from significant leaks and drafts.
- Providing notice for entry:
- Provide tenants with proper notice, typically 24 hours in advance, before entering the rental unit, except in emergencies.
Tenant responsibilities in California
Although the focus of landlord-tenant litigation is typically on landlord responsibilities, it’s important to remember that tenants in California have specific obligations as well.
Here are the key responsibilities for tenants in California:
- Pay rent and utilities:
- Pay rent on time as specified in the lease agreement.
- Pay for any utilities that are agreed upon in the lease.
- Maintain cleanliness and sanitation:
- Keep the rental unit clean and sanitary.
- Properly dispose of all trash and waste.
- Proper use of systems and fixtures:
- Use plumbing, electrical, and heating systems responsibly and according to their intended purpose.
- Avoid causing unnecessary strain or damage to these systems.
- Avoiding damage and nuisances:
- Do not cause damage to the property beyond normal wear and tear.
- Avoid causing a significant accumulation of garbage or other waste.
- Refrain from activities that create a nuisance or substantially interfere with other tenants' enjoyment of their rental units.
- Restoring the rental unit:
- Restore the rental unit to the same condition as when you moved in, except for normal wear and tear.
- Prohibited activities:
- Do not engage in illegal activities, such as drug use or gang activity, on the property.
- Ensure guests do not engage in prohibited activities on the premises.
Is my landlord obligated to make repairs?
In California, landlords are legally obligated to ensure rental units are habitable, a requirement stemming from the implied warranty of habitability established by the California Supreme Court in Green v. Superior Court.
Generally speaking, this means landlords must provide essential services, such as adequate heating, plumbing, and electricity, and make major repairs within a reasonable period of time.
If a landlord fails to make necessary repairs, the tenant has several remedies:
- Repair and deduct: If a landlord fails to make necessary repairs within a reasonable amount of time after being notified, the tenant can hire a professional to make the repairs and deduct the cost from their rent. This remedy is limited to repairs costing no more than one month’s rent and can be used up to twice in a 12-month period. The tenant should keep all receipts and provide the landlord with written notice of the deduction.
- Withholding rent: A tenant can withhold rent if the landlord fails to repair serious conditions affecting health and safety after being notified. The tenant should document the issue with photographs, videos, and written records.
- Abandonment: If the rental unit becomes uninhabitable and the landlord fails to make necessary repairs after notice, the tenant may move out and terminate the lease. This remedy is typically used for severe conditions that significantly affect health and safety.
- Filing a lawsuit: A tenant can sue their landlord for damages resulting from uninhabitable conditions. The damages available are state specific and may include reimbursement for repair costs, rent reduction, and compensation for any losses or inconvenience suffered.
- Contact local authorities: Tenants can report uninhabitable conditions to the California Department of Consumer Affairs. The agency can inspect the property and order the landlord to make necessary repairs.
- Mediation and arbitration: Tenants and landlords can agree to resolve disputes through mediation or arbitration, which can be quicker and less adversarial than going to court. Some rental agreements include clauses for mediation or arbitration, and local tenant associations or legal aid organizations can assist with these processes.
Not sure where to file your lawsuit? Learn more about the California court system.
When can my landlord evict me?
Under the Tenant Protection Act of 2019, landlords must have "just cause" to terminate a tenancy if the tenant has occupied the property for more than 12 months, or 24 months if another adult tenant was added to the rental agreement within the last 12 months.
Just cause can be either "at-fault" or "no-fault."
For no-fault just cause evictions, the landlord must provide relocation assistance equivalent to one month’s rent or waive the last month's rent.
| At-fault just cause | No-fault just cause |
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Landlords must provide notice when evicting a tenant:
- 30-day notice: For tenants who have lived in the unit for less than a year.
- 60-day notice: For tenants who have lived in the unit for a year or more.
- 90-day notice: For certain situations, such as terminating tenancies involving rental assistance.
Landlords cannot evict tenants in retaliation for exercising their legal rights, such as making complaints about the rental unit’s condition or using the repair and deduct remedy.
What’s more, landlords are prohibited from evicting tenants based on incidents where the tenant is a victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse, provided they do not live with the abuser and have obtained a restraining order or police report within the last 180 days.
If a tenant does not move out after receiving proper notice, the landlord must file an unlawful detainer lawsuit to legally evict the tenant. This involves:
- Filing a complaint with the court.
- Serving the tenant with a summons and complaint.
- Holding a court trial where both parties can present evidence.
- If the landlord wins, the court will issue a writ of possession, and the sheriff will enforce the eviction.
For more details on the eviction process and specific protections, tenants should consult a landlord-tenant attorney.
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