Owning a real estate investment can be an excellent way to earn passive income and build your long-term wealth. However, managing a rental is not always easy. Landlords have a myriad of responsibilities, including upkeep, rent collection, and financial reporting. In addition to this, rental property owners must ensure that their rentals always comply with local laws and regulations.
Understanding your local landlord-tenant laws is crucial for keeping your investment protected and avoiding legal disputes. In this comprehensive guide, the experts at Harper Property Management will cover what you need to know about landlord-tenant laws in California.
Tenant Responsibilities and Rights
Both California landlords and tenants have a series of rights and responsibilities protected by California law. California tenants have the following rights:
- Tenants have the right to live in a safe, habitable rental unit.
- Renters have the right to sue landlords for retaliatory actions.
- Tenants have the right to withhold rent if the landlord fails to provide essential services.
- Renters have the right to legally break a lease or rental agreement early for legally justifiable reasons.
- Tenants have the right to peacefully enjoy their rented living space.
On the other hand, California tenants have a wide range of responsibilities for the properties they inhabit, including the following:
- Keeping the unit clean and sanitary.
- Pay rent on time as per the lease.
- Adhering to the terms of the lease or rental agreement.
- Using the rental for intended purposes only.
- Taking care of minor repairs and day-to-day maintenance as per the lease.
- Informing the landlord of emergency repairs and maintenance issues promptly.
- Ensuring themselves or guests of the tenants don’t disturb neighbors or other tenants.
California Landlord Rights and Responsibilities
California landlords are legally required to keep their residential properties in safe, habitable conditions at all times. This includes ensuring that the dwelling complies with local health, safety, and building codes . Landlords are also responsible for dealing with repairs within 30 days after receiving notice. Failing to comply with their responsibilities can lead to early lease termination, costly fees, and legal disputes.
The fundamental rights of landlords in California are the following:
- Collecting rent from tenants when they pay rent.
- Withholding security deposit returns to cover property damages or missed rent payments.
- Evicting tenants for lease violations, nonpayment of rent, foreclosure, or illegal activities.
- Setting rules and regulations for the use of the rental units in the lease.
- Entering the rental unit for specific reasons, such as making repairs or in case of emergency.
- Increasing rent with proper notice according to state laws and regulations.
California Tenant Privacy Regulations and Landlord’s Right to Enter
In California, tenants have privacy rights that include protection against unreasonable landlord intrusions, such as entering the rental unit without reasonable notice or valid reasons. Because of this, landlords can only enter the premises of tenants for the following reasons:
- Under court order.
- To present the property to a mortgagee, prospective tenant, or buyer.
- After tenants have abandoned or vacated the rental unit.
- In the event of emergencies.
- To make agreed to or necessary repairs.
Landlords in the state can only enter the rental unit during normal working hours and if they’ve notified the tenants in advance. The written notice must be given by the landlord at least 24 hours before entering the premises, except in case of an emergency.
California Fair Housing Laws
The California Fair Housing Act prohibits property owners from discriminating against tenants based on certain protected characteristics. This includes national origin, race, religion, disability, sex, and familial status. In addition to this, California landlords cannot deny housing tenants due to their source of income, marital status, sexual orientation, gender identity, age, or physical appearance.
If a landlord fails to comply with fair housing laws in California , they could face legal consequences such as fines, penalties, and lawsuits from tenants or fair housing organizations.
Security Deposit Laws
Under California landlord-tenant laws, landlords cannot charge more than one months’ rent for a security deposit. Certain exceptions may apply so check state and local ordinances before charging security deposits. Unlike in other states, California landlords are not required to provide tenants with a notice regarding the receipt of the security deposits or provide interest on its funds.
Landlords are legally allowed to keep all or a part of a tenant’s deposit under certain conditions, including:
- As compensation for unpaid rent.
- To cover the cost of property damage above normal wear and tear.
- To make repairs or restorations.
- To cover cleaning costs to return the unit to its condition at the start of the tenancy.
While there’s no limit to security deposit deductions in California, the charges must be reasonable. What’s more, regardless if they deduct costs from the security deposit, the landlord has 21 days after the end of the lease term to return the deposit to the tenant.
Rent Control Laws
Landlords must pay attention to local rent control ordinances. The Tenant Protection Act limits rent increases for most residential tenants in the state. Due to this, landlords in the state cannot increase rent prices exceeding 10% total or 5% plus the percentage change in the cost of living, whichever is lower, in 12 months.
Required Landlord Disclosures
Here are a few of the mandatory disclosures landlords must make to tenants as per California law:
- If there’s lead-based paint in the building or traces of mold on the premises.
- How utility fees are divided up and applied.
- If there are any traces of asbestos in the building.
- If there has been a death not related to HIV or AIDS in the building within the last three years.
- Whether the rental is in a known flood zone.
- Whether there are any smoking policies in place.
Bottom Line
Landlords can greatly benefit from understanding California landlord-tenant laws. By understanding your rights, responsibilities, fair housing regualtios, California security deposit regulations, and local rent control laws, you can keep your rental property protected and ensure a better return on your investment.
Do you have any more questions about landlord-tenant laws in the state? Contact Harper Property Management . Our expert team of dedicated managers will be happy to help you!
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.
