Key Takeaways
- California’s Civil Code 1940–1954.06 outlines the key protections, rights, and responsibilities for both landlords and tenants.
- Landlords must provide specific disclosures, like details on lead paint, mold, or flood zones, before a lease begins.
- California tenants have the right to live in a safe, habitable home and receive proper notice for rent increases or entry.
- Staying compliant with California’s rental laws helps landlords avoid disputes and maintain strong tenant relationships.
The piece of legislation that guides and governs the landlord-tenant relationship in California is the state’s Cal. Civ. Code 1940-1954.06. Among other things, it spells out each party’s rights and responsibilities after establishing a rental agreement. In California, the state’s landlord-tenant law only recognizes a rental agreement if it has been established in one of three ways.
The first way is if there is a written agreement between you (the landlord) and the resident. The other way is if the two of you reach a verbal agreement to have a landlord-tenant relationship. And last but not least is accepting rent from the resident as a payment for occupying the property.
It’s after establishing a rental agreement in any of the aforementioned ways that Cal. Civ. Code 1940-1954.06 automatically kicks in. To successfully lease out your house as a landlord, you must familiarize yourself with it to the letter. This will ensure you stay legally compliant and keep potential conflicts with the resident as minimal as possible.
Luckily for you, this blog by Jambi Property Management has you covered in this regard. Here’s a comprehensive guide on the California landlord-tenant law!
Required Landlord Disclosures in California
When renting out a house in California, you must make certain disclosures to potential residents. They include the following.
- Concentrations of lead-based paint on any building built before 1978.
- Written information about how the resident should report a bed bug infestation.
- Documentation about any known mold.
- How you intend to apply utility fees and the calculation you’re going to use to divide them up.
- Disclosure on the use of asbestos in the building you’re renting out if it was built before 1979.
- Details of the smoking policy (if any).
- Disclosure on whether the property lies in a known flood zone.
- Disclosure of any non-HIV or AIDS-related death that has occurred on the unit within the past 3 years.
- Disclosure about whether the property is within one mile of a known ordnance location.
- The right of the prospective tenant to access information related to the sex offender registry.
- Disclosure about any meth or fentanyl contamination in the property and remediation is incomplete.
- Disclosure about when the unit has pesticide treatment.
- Disclosure about when demolition plans will affect tenancy.
California Tenant Rights & Responsibilities
Knowing a tenant's rights and responsibilities is foundation to understanding how California landlord tenant regulations works.
The following are some of the rights and protections that residents in California stand to enjoy after establishing a lease with the landlord.
- Be provided with the aforementioned disclosures.
- Live in a habitable home and have repairs made in a timely manner.
- Go through a proper eviction process if the landlord seeks to remove them from the rented premises.
- Get a refund of the security deposit, whether partially or wholly, within 21 days after moving out.
- Legally break the lease if you have a legally justified reason. For example, if moving out after joining active military service, or if the unit becomes uninhabitable.
- Obtain a notice before the landlord can increase the rental payment amount.
- Not to be discriminated against based on a protected class, such as race, color, immigration status, or sexual orientation.
- Receive proper notification of at least 24 hours before the landlord can access the unit.
As for the list of responsibilities, they include the following for California residents.
- Maintain the unit’s cleanliness and habitability standards.
- Keep the fixtures that the landlord has provided clean and sanitary.
- Use the rented property only for the reasons it’s meant to be used for, such as cooking, sleeping, and dining.
- Make minor repairs as per the lease agreement, such as replacing batteries in smoke detectors.
- Not disturbing the peace in the neighborhood by doing things like playing loud music or throwing large parties.
- Not overstaying the term of the lease.
California Landlord Rights & Responsibilities
Similarly, knowing how landlords' rights and responsibilities work is as vital as knowing tenants rights and responsibilities.
Landlords in California acquire these certain protections or rights and responsibilities after establishing a lease with a resident. When it comes to rights and protections, they include the following:
- Evict a resident who doesn’t uphold a term(s) of the rental agreement.
- Charge residents a security deposit equivalent to 2 months’ rent for unfurnished units and 3 months’ rent for furnished units.
- Penalize a resident who breaks their lease early without a legally justified reason.
- Increase the rent twice every 12 months.
- Enter the rented premises to perform crucial responsibilities, such as inspecting the unit.
- To not provide a grace period before charging a late fee.
- Draft a proper lease and enforce all of its terms.
As for the responsibilities, they include the following for California landlords.
- Provide the prospective resident with all the mandatory disclosures before signing the rental agreement.
- Charge a reasonable fee after late becomes late.
- Give the resident a notice of at least 24 hours before accessing their rented premises.
- Treat the resident fairly per the state’s antidiscrimination law.
- Abide by the state and local laws when increasing rent.
- Notify the resident before terminating their tenancy.
- Return the resident’s security deposit, whether partially or wholly, within 21 days after they vacate their rented unit.
- Abide by the state’s eviction process when removing a resident who has violated a term(s) of the rental agreement.
An Overview of the Landlord-Tenant Laws in California
Renter’s Rights for Repairs
One of the key responsibilities landlords have is ensuring they rent out habitable units.
For conditions to be determined habitable, the unit must, among other things, have running hot water, heating, garbage containers, and working smoke detectors. As the landlord you must also make sure it has functional plumbing, electrical, and lighting systems.
Tenant Evictions
In California, landlords can evict residents for several reasons. Including not paying rent after it becomes due, violating a term of the lease, or not leaving after the lease is up. Whatever the reason, though, you must be keen to follow the proper removal process as outlined under state law. Illegal methods you must not use include locking out the resident or throwing out their personal belongings.
Security Deposits
Do you charge residents a security deposit as part of the initial move-in cost? If you're a landlord who does, you must keenly follow certain security deposit laws. These conditions define various things a landlord can and cannot do when asking residents for a security deposit. For instance, the time limit for a security deposit's return is capped at 21 days after the resident vacates their unit.
Rent Increase Laws
California is among the few U.S. states that have rent control laws, such as the California Tenant Protection Act. State law also allows local jurisdictions to enact their own rent control laws. Consequently, many cities in California have some form of rent cap. Some of the state rent control laws to abide by as a landlord include:
- Only raise rent twice in 12 months.
- Give the resident an advance notice of at least 30 days to increase the rent for increases of 10% or less within 12 months, or at least 90 days if raising it by 10% or more.
Besides the Tenant Protection Act, landlord should make sure to familiarize themselves with any other applicable local rent control laws and conditions their city may have.
Conclusion
With this information at hand, now you’re on your way to landlord success. The next step would be to ensure you get the property’s management right, which Jambi Property Management can help with!
We have been helping landlords like yourself achieve success in the South Bay and West Side areas of Los Angeles. Get in touch to learn more!
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.
