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Under California law, there are certain rights and responsibilities that landlords and tenants have. That’s why, as a landlord, you must familiarize yourself with the state’s landlord-tenant law to minimize potential conflicts with your tenant and have a better rental experience. The experts at Superior West Property Management have put together this general overview of California landlord-tenant laws: 

What Disclosures Are Landlords Required to Make in California? 

Before you rent out your property to a tenant, California law requires that you make the following disclosures to tenants:

• • Provide information about lead-based paint concentrations if the property was built in 1978 or earlier. 

• • Provide tenants with information regarding bed bugs. 

• • Provide information about any known mold. 

• • Disclose sharing of utility fees among tenants (where applicable). 

• • Disclose any use of asbestos if the building was built in 1979 or earlier. 

• • Disclose any rules the tenant must follow if there is a smoking policy in the lease. 

• • Disclose about whether a tenant has died in the unit in the last three years. The death must be non-HIV or AIDS-related. 

• • Disclose whether you intend to demolish the property in the near future. 

• • Disclose the tenant’s right to access information relating to the sex offender registry. 

• • Disclose if the property is situated in a known flood zone. 

• • Disclose the use of pesticides in the home.

What Rights and Responsibilities do Tenants have in California? 

Tenants have the following rights under California law:

• • Live in a home that meets the state’s basic habitability codes. 

• • Live in peace and quiet enjoyment. 

• • Have the proper eviction process carried out. 

• • Be provided proper notification before the termination of their periodic lease agreement. 

• • Be treated fairly and equally regardless of their race, color, or any other protected class under the Fair Housing Act.

• • Have their security deposit (or whatever portion remains) returned within 21 days after moving out.

• • Be given proper notification before landlord entry. 

• • Break a lease in California for specific, legally justifiable reasons. 

• • Receive notification before a rent increase.

• • Be provided with certain disclosures before moving into the property. 

Tenants in California have the following responsibilities:

• • Maintain the unit’s habitability. 

• • Keep the unit clean and sanitary as stipulated in the lease agreement. 

• • Use the property and appliances for their intended purposes. 

• • Take care of small repairs and maintenance. 

• • Respect the quiet enjoyment of fellow tenants or neighbors. 

• • Abide by all terms of the lease agreement, including any policies and restrictions. 

• • Allow landlord entry when given notice.

• • Report maintenance issues promptly. 

What Rights and Responsibilities do Landlords have Under California Law?  

The following are some of the rights landlords enjoy under state law. A right to:

• • Enter the rented premises in accordance with the California landlord entry laws. 

• • Evict the tenant from the property for violating a term of the lease agreement. 

• • Charge tenants a security deposit in accordance with the California security deposit laws. 

• • Terminate a periodic lease after serving proper notice. 

• • Raise rent in accordance with the local rent control laws. 

The following are some of the responsibilities landlords have in California: 

• • Provide the tenant with a livable home. 

• • Make requested repairs within 30 days. 

• • Remove the tenant judiciously for lease violations. 

• • Notify the tenant before terminating their periodic lease agreement. 

• • Prepare a legally binding lease agreement. 

• • Notify the tenant before entry. 

• • Return the deposit within 21 days after the tenant has moved out. 

An Overview of the Landlord-Tenant Laws in California

The following are some aspects of the state’s landlord-tenant laws that landlords need to be aware of: 

Renters’ Rights for Repairs

As a landlord, you have a legal obligation to make requested repairs within 30 days. The repairs can include fixing leaky faucets, malfunctioning appliances, flickering lights, and everything in between. 

If you fail to respond to their request within 30 days, the tenant may be able to exercise a few legal options including terminating the lease without penalty, suing you for damages, or withholding further rent payments. 

Tenant Eviction in California 

California landlord-tenant law allows landlords to evict tenants for certain legitimate reasons. Such reasons include failing to pay rent, committing a lease violation, illegal acts, and when the property is foreclosed upon. To evict tenants, landlords must follow the proper removal process. This includes serving the tenant with an eviction notice, filing a lawsuit, and attending the court hearing. 

Security Deposits 

As previously mentioned, landlords have an obligation to abide by the state’s security deposit rules. The following is a basic overview of the rules:

• • Not charge a security deposit exceeding the equivalent of two months’ rent. 

• • Only make legitimate deductions on the tenant’s security deposit.

• • Return whatever portion remains within 21 days of moving out. 

Wrongfully withholding a tenant’s security deposit can attract penalties including being liable to paying the tenant up to 2X the security deposit. 

Rent Increases

California rent control law allows local jurisdictions to create their own policies. At the state level, how much to increase the rent will generally depend on the annual inflation rate. Also, state law limits rent increments to once a year.

Fair Housing Laws

The Federal Fair Housing Act prohibits discrimination against tenants based on 7 protected classes. That is, race, color, nationality, sex, disability, familial status, and religion. 

California also extends the list of protections to tenants based on mental disability, citizenship status, gender identity, primary language, sexual orientation, income source, military and veteran status, and ancestry. 

Bottom Line

With this comprehensive overview of the rights and obligations landlords and tenants have under California laws, you’re better equipped to manage an investment property. If you need professional help managing your rentals, turn to Superior West Property Management. Contact us today to learn about our property management services!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.