What You Need to Know About Tenant Rights in California

It is important to know your rights as a renter. California has many laws designed to protect tenants. Unfortunately, it is not uncommon for a landlord to violate a tenants' rights. Many times tenants don't know the law and have no idea that the law protects them in a particular situation. www.dca.ca.gov/publications/landlordbook/catenant.pdf provides California tenants with information about their rights. Below you will find information on California tenant rights.

Note:
Some cities have rent control and additional laws. Different rules pertain to mobile home parks and tenants that rent a room in a house.

What are a tenants rights in California? Read below to find out.

Application
- The application fee can not be more than $37.57 In addition, the landlord can not charge you more for the application fee than their out of pocket costs.

- It is illegal for the landlord to ask you questions about your race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, disability, your age, your medical condition, or whether you have persons under the age of 18 living in your household.

- If the landlord obtains your credit report, they must give you a copy of it if you request it.

Unlawful Discrimination
- A landlord cannot refuse to rent to a tenant on a basis of discrimination, discriminate against them or harass them. It is illegal under California law for a landlord to discriminate against or harass a tenant for the following reasons: race, color, religion, sex (including pregnancy, childbirth or medical conditions related to them, as well as gender and perception of gender), sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or a persons medical or mental condition.

- It is illegal for landlords to refuse to rent to families with children under the age of 18, unless it is senior citizen housing.

- It is illegal for a landlord to refuse to rent to a tenant on the basis of the tenant having a service animal. A rental that does not allow pets, does not pertain to service animals.

Shared Utility Meters
- A landlord must disclose before a tenant signs a rental agreement if any utility meters are shared. In addition, the landlord must meet an agreement with the tenant on how the utility costs will be shared.

Disclosures
- For rental properties constructed before 1978, the landlord must disclose any known presence of lead based paint on the premises.

- If a rental property is going to be treated by pesticides, the landlord must provide written notice to the tenant of pesticide application and what pesticide(s) are going to be used. This written notice must be given prior to application.

- The landlord must disclose to a prospective tenant, if a prior tenant died in the premises in the previous 3 years. This disclosure must be made prior to the landlord accepting any application fees or rents.

Security Deposit
- A lease or rental agreement cannot say that the security deposit is non-refundable. Under California law, all security deposits are refundable unless the landlord properly uses the deposit for lawful purpose like unpaid rent or damage to the property.

- For unfurnished rentals, a landlord cannot charge more than 2 months rent for a security deposit., or 2 1/2 months rent if the tenant has a water bed.

- For furnished rentals, a landlord cannot charge more than 3 months rent for a security deposit, or 3 1/2 months rent if the tenant has a water bed.

Payment of rent
The landlord cannot demand that rent payments be made in cash unless a check the tenant gave them was dishonored by the bank in the past three months. If the landlord is going to demand cash payment, they must provide the tenant written notice with a copy of the dishonored check attached. The landlord can only require cash payment for three months after the dishonored check. The written notice must be given 30 days prior to the change in payment method. If you are paying your rent in cash, your landlord must give you a written receipt if you request one.

Rent Increases
- Rent cannot be raised during the term of a lease unless the lease specifies that rent increases are allowed.

- The landlord must give give notice of rent increase with a minimum of 30 days written notice. In some cases, 60 days written notice must be provided.

When can a landlord enter a rental unit
- California law only allows a landlord to enter a rental unit for the following reasons:

- In an emergency.

- When a tenant has moved out or abandoned the rental unit, to make necessary or agreed upon repairs or improvements.

- To show the rental unit to prospective tenants, buyers, lenders or contractors or to perform an end of tenancy inspection.

- If a court order permits the landlord to enter.

- If a tenant has a water bed, to inspect the installation of the water bed and periodically to ensure the installation meets the laws requirements.

Notice requirement for a landlord to enter a rental unit
- The landlord must give the tenant reasonable advance notice in writing before entering the unit. The notice must state the date, time and purpose of entry. The landlord can enter only during normal business hours. (The law requires 24 hours written notice to be sufficient. If the notice is to be mailed, time must be allowed for the notice to process through the mail.)

- The landlord does not have to give notice to respond to an emergency.

- The landlord does not have to give notice if the tenant has moved out or abandoned the rental property.

- If the tenant is present, the tenant may give oral permission for the landlord to enter the premises if the the tenant chooses to.

Habitability
- California law requires that rental units meet certain requirements to be considered habitable. It is a landlords responsibility to make any needed repairs to keep the rental property habitable. The landlord can only charge the tenant for repairs to keep the premises habitable if the tenant caused the damage. California habitability requirements are:

- Effective waterproofing and weather proofing of the roof and exterior walls. Door and windows must not be broken.

- Plumbing must work properly. Plumbing must be hooked up to a working sewage system. Plumbing must have working hot and cold water.

- If the rental property has gas utilities, gas must be in proper and safe working condition.

- Building and grounds must be clean and sanitary, free from debris, trash, poisonous waste, vermin and rodents.

- Adequate trash receptacles must be provided.

- Floors, stairways and railings must be in safe condition.

- The property must have a working toilet, wash basin and bathtub or shower. The bathtub or shower and toilet must be in a private room with adequate ventilation.

- A kitchen with a sink that cannot be made of absorbent material such as wood.

- Each room must have either a window and / or a skylight, unless it has mechanical ventilation.

- Main entry doors must have working deadbolt locks. Windows must have working locks.

- Multi-unit buildings must have working smoke detectors in each unit.

- The structure of the building must be in safe condition.

- The property must have safe and working heating.

- The electrical must be in a safe condition. No faulty or exposed wiring.

Self help evictions
Landlords may not use illegal methods to evict a tenant. Illegal methods of eviction are often referred to as self help evictions. Some of the things a landlord cannot do are:

- Turn off or have turned off the tenants utilities.

- Lock the tenant out of the rental property. (If a landlord illegally tries to lock you out of your property, call the police.)

- Physically remove the tenant and / or their belongings. (If a landlord tries to physically remove you or your belongings, call the police.)

Eviction
- A landlord can evict a tenant with a 30 day written notice (sometimes a 60 day written notice is required). If the tenant has a lease, then the landlord can only evict the tenant when the lease is up or if the tenant violates the lease. Usually failure to pay rent is a violation of the lease.

- A landlord may serve a tenant with a 3 day notice if the tenant fails to pay rent or violates their lease or rental agreement. Reasons a landlord can serve a 3 day notice are:

- The tenant fails to pay rent. This 3 day notice will be called a "3 day notice to pay or quit" (The 3 day notice will give the tenant the option to pay the past due rent within 3 days or be subject to eviction.)

- The tenant violates the rental agreement or lease. (The 3 day notice will give the tenant the option to remedy the violation or be subject to eviction.)

- The tenant is damaging the premises.

- The tenant is using the premises for an illegal activity.

- The 3 day notice to pay or quit, must state the landlords phone number and address, amount that is owed, method of payment that will be accepted and hours that payment will be accepted.

After the eviction notice
- If the tenant does not comply with the 30 day or 60 day notice by moving out, the landlord can start the eviction process in court. If the tenant does not comply with the remedies of the 3 day notice or move out, the landlord can start the eviction process in court. The eviction process in court is called an unlawful detainer action. Unlawful detainer actions can move quickly. If a tenant wants to fight an unlawful detainer action, they only have 5 days from the date of service to respond to the complaint. The tenant has several options to respond to an unlawful detainer, depending on what method is appropriate. These responses are: answer to an unlawful detainer, motion to quash, and demurrer. Responding to an unlawful detainer can be complicated and it is best if a tenant can afford a lawyer. But there is help if a tenant decides to respond by themselves. But remember a tenant must act quickly. Some resources to get help in fighting an unlawful detainer action are:

- A lawyer that represents tenants. You can find one in the phone book.

- The law library at the court.

- The book "California Tenants' Rights by Nolo Press. You can find this book at the book store or www.nolo.com/product.cfm/ObjectID/1A3B8DEF-78AA-460B-A48F614FE5E1A794/catid/31250834-6A2E-4970-9EDD4DAF221A0C7E/104/138/

- Local tenant rights groups.

- The following web sites:
- www.dca.ca.gov/publications/landlordbook/catenant.pdf
- www.tenant.net/Other_Areas/Calif/

- Many local court web sites have self help articles. In addition most local court web sites have the forms to respond to an unlawful detainer action online, along with instructions on how to fill them out.

Know your rights as a tenant. If a landlord violates your rights, you can take action. Sometimes tenants rights organizations can help you. Sometimes you can report habitablity complaints to building and safety. Sometimes your only option is to sue your landlord in small claims court. The sources above can help you if your landlord is violating your rights.

Sources:
www.dca.ca.gov/publications/landlordbook/catenant.pdf
California Tenants' Rights - 17th Edition by Attorneys Janet Portman & David Brown - Nolo Press

** This is not an all-inclusive and definitive resource for California tenant rights. This is not intended to replace legal advice. In addition, laws frequently change. The author has done their best to try and provide accurate and current information. It is the readers responsibility to do their own research and verify any information found in this article. The author and / or Associated Content are not responsible or liable for the accuracy of the contents of this article.**