California Landlord and Tenant Responsibilities Explained

Both landlords and tenants have important duties under California law

In California, the rights and responsibilities of landlords and tenants are outlined in the California Civil Code, with additional regulations found in related statutes. 

Key sections include:

California Civil Code Sections 1941.1	Detailing habitability requirements that landlords must meet.
California Civil Code Section 1946	Outlining notice requirements for terminating a tenancy.
California Civil Code Section 1947	Addressing the payment of rent.
California Civil Code Section 1950.5	Regulating security deposits.
California Civil Code Section 1954	Describing circumstances under which a landlord may enter a tenant’s dwelling.
California Code of Civil Procedure Sections 1161-1179a	Focusing on evictions and dispute resolution processes.
California Health and Safety Code Section 17920.3	Defining substandard housing and landlord responsibilities to maintain habitable living conditions.

While it’s a good idea to read through these statutes, we’ve summarized the most important responsibilities for both landlords and tenants to save you time.

Top five landlord responsibilities in California

Landlords in California have a number of legal obligations designed to ensure the safety, habitability, and fairness of rental agreements. These responsibilities include:

1. Habitability: Landlords in California are legally obligated to provide a habitable living environment for their tenants under the “implied warranty of habitability.” This includes ensuring the rental property meets basic structural, health, and safety standards. For example, California landlords must provide:

2. Maintenance and repairs: Landlords are responsible for maintaining their rental properties in good repair, which includes addressing necessary repairs in a timely manner. Depending on the repair that needs to be made, timely could mean 24 or 72 hours, but, in most cases, no more than 30 days.

3. Security deposit safeguarding: 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 or property damage beyond normal wear and tear.

The law limits the total amount a landlord can charge for a security deposit 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.

4. Notice requirements: Landlords in California can’t just enter a rental unit unannounced. Rather, landlords must provide at least 24 hours’ written notice before entering the premises for purposes such as inspections, repairs, or showing the property to prospective tenants or buyers. This requirement is outlined in California Civil Code Section 1954. 

The notice must specify the date, approximate time, and purpose of the entry. There are exceptions to this rule, such as in emergencies or when the tenant has abandoned the property, in which case no notice is required.

5. Non-discrimination: Landlords in California must adhere to fair housing laws, which prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability. For example, landlords cannot refuse to rent, impose different terms or conditions, or otherwise treat tenants unfairly based on these protected characteristics.

Top five tenant responsibilities in California

A lot of articles about landlord-tenant law tend to focus on what landlords are doing wrong or right. But don’t forget that tenants have their own set of responsibilities, too. Here are five of the most important duties every tenant should know about:

1. Timely rent payment: Tenants are contractually obligated to pay their rent on time. Failure to pay rent in a timely manner may lead to late fees or eviction proceedings. Tenants should check the language in their rental agreement if they have questions about when rent is due and how it should be paid.

Other actions that may lead to a lawful eviction include:

• Breaking a material term of the lease. 
• Using the premises for unlawful purposes. 
• Refusing to allow lawful entry to the premises. 
• If the owner is withdrawing the unit from the rental market, moving into the unit, or substantially remodeling the unit.

2. Maintain a clean and sanitary environment: Tenants are responsible for keeping their rental unit clean and sanitary. This includes properly disposing of trash.

3. Reporting maintenance and repair needs: Tenants must promptly notify their landlord in writing of any maintenance or repair needs within the rental property. Timely notification allows the landlord to address issues quickly and is essential if the tenant needs to take legal action for the landlord's failure to make repairs in the future.

4. Avoid damaging the property: Tenants in California have a duty to avoid causing damage to the rental property beyond “normal wear and tear.” While California law does not provide a specific definition of "normal wear and tear," it typically refers to the natural deterioration that occurs over time from regular use of the rental unit without negligence, carelessness, accidents, misuse, or abuse of the premises or its contents. 

Examples of normal wear and tear include minor scuff marks on walls, faded paint, or worn carpets. However, damage such as large holes in walls, broken windows, or stains from spills goes beyond normal wear and tear and may result in the tenant being responsible for repair costs.

5. Follow any rules outlined in the rental agreement: Tenants are required to adhere to the terms and conditions outlined in their rental agreement, as well as any rules established by the landlord for the property. This may include restrictions on smoking, noise levels, pets, or alterations to the rental unit. Failure to comply with the rental agreement or property rules may result in penalties or termination of the rental agreement.

Legal options for landlords and tenants

If a landlord or tenant breaches a duty under California law, several legal options are available for both parties to address the issue:

• Communication and negotiation: The first step in resolving any dispute should be open communication and negotiation between the landlord and tenant. Ideally, the issue can be resolved without legal action.
• Written notice: If open communication fails to resolve the issue, the aggrieved party can serve a written notice outlining the breach and requesting compliance. For example, if a tenant fails to pay rent, a landlord may issue a three-day notice to pay rent. If a landlord fails to make necessary repairs, a tenant may provide written notice demanding the repairs be made within a reasonable timeframe.
  
  Whenever you send a notice to your landlord or tenant, be sure to send it by certified mail with a return receipt requested to ensure you have proof that the notice was received.
• Mediation: Landlords and tenants may choose to engage in mediation to resolve disputes. Mediation can be more cost-effective than litigation. However, there is no guarantee the other party will agree to mediation.
• Legal action: If other methods fail to resolve the issue, the aggrieved party may pursue legal action in court. For landlords, this may involve filing an unlawful detainer (eviction) lawsuit if the tenant fails to remedy the breach. Tenants may file a lawsuit against their landlord for damages, rent abatement, or other remedies if the landlord fails to fulfill their legal duties.

If you cannot afford a lawyer, you may qualify for free or low-cost legal aid. To find a legal aid office near you, visit LawHelpCA. If you don’t qualify for legal aid and need help finding a lawyer, visit the California State Bar webpage. For tenants facing evictions, you can find additional help on the California Courts’ webpage.