To be a successful landlord, you need to familiarize yourself with landlord-tenant laws (CA Civil Code 1940-1954.05) and local ordinances. The code specifies what rights and obligations each landlord and tenant has, as well as important rules and regulations of the California law landlords must abide by.
The code becomes effective once a lease has been established. In the state of California, a lease exists when there is either an oral agreement or a written document. The following is everything landlords should know about California's landlord-tenant laws and local ordinances.
Required Landlord Disclosures
Landlords are responsible under both federal and state landlord-tenant laws to disclose certain information to their tenants occupying their rental properties. The following are some of the disclosures you must include about your rental properties under California state laws:
- Disclosure on lead-based paint. This applies to rental units that were built before 1978. California landlords renting out such homes must let tenants know about lead-based paint concentration.
- Disclosure on bed bugs. California landlords must provide each tenant with info regarding how they can report bed bug infestation. Please check Civ. Code §§ 1954.603 on the specific language every landlord must use.
- Disclosure on mold. As the landlord, you must provide your California tenant with documentation regarding any known mold.
- Disclosure on whether the rental property or building is located in a known flood zone.
- Disclosure on whether the landlord has any knowledge of known drug contamination AND remediation is yet to be completed.
California Tenant Rights & Responsibilities
The following are some rights that apply to California tenants under the tenant protection act. The right to:
- Live in a habitable rental housing.
- Withhold rent payments or using the “Repair and Deduct Remedy” if repairs aren’t done within a reasonable time.
- A fair eviction from the landlord through a judicious court eviction process with an attorney, on top of recieving a proper eviction notice.
- Have their security deposit of up to two month's rent, minus any allowable deductions with an itemized statement, returned on time by the landlord.
- Be served proper notice by the landlord prior to the termination of their periodic lease.
- Be treated without discrimination by the landlord based on certain protected classes.
- Be served with proper notice prior to landlord entry of the rental unit.
As for the responsibilities of a California tenant during their tenancy, they are as follows:
- Responsible for keeping the rental unit in a clean and habitable condition.
- Responsible for keeping the fixtures clean and sanitary.
- Respect the peace and quiet of other tenants on the premises.
- Subject to repair damages they cause through their use, misuse, or carelessness.
- Use the rental unit for its intended purposes.
- Tenants pay rent to their landlord when required, including regular payments, late fees, and unpaid rent.
- Abide by all terms of the lease or rental agreement.
California Landlord Rights & Responsibilities
The following are the basic landlord rights according to California landlord-tenant laws. The right to:
- Enter the rental unit to carry out important responsibilities.
- Carry out an eviction against a tenant for gross violation of the lease or rental agreement, including nonpayment of rent.
- Charge tenants a security deposit and withhold part or all of it for certain reasons.
- Terminate periodic lease or rental agreements after serving proper notice for legal reasons, such as unpaid rent.
- Charge tenants reasonable late fees as per the dictates of the lease agreement if the tenant is unable to pay rent.
- Screen prospective tenants based on certain criteria as long as the process is free from discrimination.
The list of California landlord responsibilities is as follows:
- Provide the tenant with a unit that abides by the minimum state’s safety and health codes.
- Provide tenants with all amenities promised in the rental or lease agreement.
- Follow the proper legal and judicial eviction process whenit's necessary to evict lease-breaking tenants.
- Abide by California security deposit laws when requiring tenants to pay a security deposit.
- Comply with the state’s rent control provision, and provide tenants with proper notice when looking to raise rent on the unit.
- Comply with the Fair Housing Act.
- Provide the tenant with a 24 hours’ advance notice prior to entering their rental unit.
- Provide the tenant with a report of mandatory disclosures prior to the tenant moving in.
An Overview of California Landlord-Tenant Laws
The following is an overview the local landlord-tenant laws that every landlord must follow to rent out their property:
1. Tenant Privacy & California Landlord Right to Enter the Dwelling
Your California tenant has a right to privacy. What this means is that California landlords must provide their tenant with written notice prior to entering their rental housing. Specifically, the landlord must provide renters with advance notice of at least 24 hours.
The only exception to providing the written notice is in case of an emergency.
2. California’s Fair Housing Act
Under the Federal Fair Housing Act, it’s illegal for landlords to discriminate against their tenants based on their race, color, national origin, religion, disability, sex, or familial status. Landlords should familiarize themselves with Fair Housing Act, as well as the Tenant Protection Act in Los Angeles.
California landlord-tenant laws extend extra protection for tenants based on marital status, immigration status, source of income, and sexual orientation. Other protections for tenants under these laws include primary language, military and veteran status, gender identity/expression, citizenship status, ancestry, and mental disability.
3. Rent Control Regulations
Mountain View, Los Angeles, has rent stabilization laws that are different from statewide rent control laws that property owners should be aware of. The Community Stabilization and Fair Rent Act is an amendment that passed in 2016 and aims to protect renters from excessive rent increases while still allowing landlords to get a healthy ROI on their rental units.
In Mountain View, landlords can only employ rent increases once per year. California landlords will also give their tenants at least 30 days' notice before requiring them to pay rent equal to the increased amount. The amount that landlords can increase the rent is determined by the annual general adjustment rate decided on by the Mountain View Rental Housing Committee.
There have also been more recent rules implemented to keep apartment and housing with below-market prices available to lower income renters. We are extremely knowledgable on local rent control laws and state laws. Our property managers are here to provide top tier services if you have any questions as a landlord, or about rental properties.
4. Condition, Maintenance, and Repairs
As already mentioned, California landlords have a duty to provide their tenants with a habitable dwelling space. This also means responding to maintenance and repair requests from a tenant within a reasonable time, which should be 30 days (or sooner for emergencies), or allowing tenants to use the repair and deduct remedy to fix it themselves.
The state’s warranty of habitability requires landlords to provide the following amenities to tenants:
- A working heating, ventilating, and air conditioning system.
- Safe stairs and railings.
- Working smoke detectors.
- A home free of mold and bed bugs.
- Properly functioning gas lines and fixtures.
5. Security Deposits
Landlords in Los Angeles, California have a duty to abide by the state’s security deposit rules and regulations. The following are some of the rules and regulations under California laws:
- Not charge the tenant a security deposit exceeding two month's rent.
- Return the security deposit within 21 calendar days after the tenant moves out of the property.
- Landlords cannot make upermitted deductions on the security deposit. The security deposit should only be acessed in cases such as when the tenant causes negligent damage beyoend normal wear and tear and moves out without fixing it.
- Store the deposit properly. Generally speaking, landlords are not required to store their tenant’s deposit in an interest-bearing account. However, some cities in California, such as Los Angeles and Berkeley do require it.
6. Required Disclosures
As a landlord in California, landlords cannot leave the following information undisclosed to renters:
- Bed bugs
- Lead-based paint
- Mold
- Military ordinances
- Demolition permit
- Asbestos
- Common utility use and payment
- Pest control
- Smoking policy
Bottom Line
For more questions regarding the California landlord-tenant laws or professional rental management services, contact the property managers at Action Properties, Inc. We’re the top property management company in Mountain View and Silicon Valley. Our team of experts can answer all your questions on tenant screenings, fair housing, legal help concering rental properties. Contact us to learn more!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your city or state. Laws change and can vary from city to city, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.