California Rental Laws – An Overview of Landlord Tenant Rights

Key Takeaways

California tenant rights include habitable housing, notice before most entries, quiet enjoyment, and a proper eviction process.
The California Tenant Protection Act and applicable local laws, including any local rent control ordinance, govern annual rent increases and termination notices.
A new security deposit is generally capped at one month’s rent, with a narrow two-month exception for certain small landlords.

Under California landlord tenant laws, landlords and California tenants automatically acquire certain rights and responsibilities upon signing an agreement.

Landlords should understand landlord-tenant law before beginning a tenancy.

The following is a basic overview of California landlord-tenant law.

Necessary Landlord Disclosures

The following are some of the disclosures that the landlord must provide tenants with in the state of California according to landlord-tenant laws:

Concentrations of lead-based paint if the property was built prior to 1978.
Written information regarding bed bugs using language specified in California Civil Code section 1954.603.
Documentation regarding known mold when required by law.
Disclosure of how utility fees will be split among tenants in a multi-unit dwelling.
Disclosure of known asbestos when required by law.
Disclosure of known illegal drug-lab contamination when required by law.
The statutory notice about California’s sex offender registry.
Providing the landlord’s contact information to the tenant

Tenant Rights and Responsibilities

Fair housing rights protect tenants in California rental housing and supplement other tenant protections for residential tenants. Residential tenants may request reasonable accommodations; property managers should evaluate each request for reasonable accommodations under fair housing requirements.

A right to:

End a fixed term lease for certain legally justified reasons, such as active military service or serious habitability violations.
Be provided with written notice prior to entry by the landlord.
Live in peace and quiet enjoyment.
Continue occupying the property until the landlord serves a proper eviction notice and follows the required court process.
Reside in a habitable rental unit.
Have repairs completed within a reasonable time frame after service of proper notice.

Tenant responsibilities include:

Give the landlord written notice before moving out.
Abide by all lease terms.
Respect the peace and quiet of other tenants by keeping noise levels down.
Let the landlord know of needed repairs within a reasonable time frame.
Pay rent to the landlord on time

Landlord Rights and Responsibilities

Landlords have certain rights under California law and the lease or rental agreement. A right to:

Require tenants to sign an agreement prior to moving in.
Enforce the lease terms.
Evict a tenant for violating the terms of the agreement, such as nonpayment of rent.
Require tenants to pay a security deposit upon signing the agreement.
Enter the tenant’s premises after serving the proper notice.
Terminate a periodic tenancy after providing written notice.
Be notified when a tenant is looking to leave town for an extended period of time, if the rental contract requires notice.

The list of responsibilities that landlords have includes the following.

A landlord must:

Abide by all terms of the lease agreement.
Notify the tenant prior to entering their premises.
Give the tenant written notice before terminating a periodic tenancy.
Abide by the state’s security deposit laws.
Ensure the rental unit abides by the state’s safety, health, and building codes.
Maintain peace and quiet.
Provide the tenant with the aforementioned mandatory disclosures.

Overview of the California Landlord Tenant Laws

Landlord’s Right to Entry

Under Civil Code section 1954, a landlord may enter a tenant’s rental unit only for limited reasons. Written notice is usually required; 24 hours is presumed reasonable notice, or six days when the notice is mailed.

Landlords must have a legitimate reason for entry, such as to inspect the property, show the unit to a prospective tenant, or comply with a court order. They must enter during normal business hours or as agreed.

No advance notice is required in an emergency, when the tenant is present and consents, or after the tenant has abandoned or surrendered the rental unit.

Habitability

Landlords have a duty to keep their rental property in a habitable condition. For instance, the rental unit must have running hot and cold water and working smoke and carbon monoxide detectors.

If a landlord fails to make habitability repairs within a reasonable time after notice, tenant remedies may apply. Thirty days is a rebuttable presumption for the repair-and-deduct remedy, not a universal deadline; urgent conditions may require faster action.

Evictions

A landlord may evict a tenant for nonpayment of rent, a lease violation, or illegal activity. The landlord must serve the correct eviction notice and follow the proper eviction procedure.

The eviction notice and court process generally follow these steps.

The landlord serves an eviction notice.
File a lawsuit if the matter remains unresolved.
Serve a copy of the summons and complaint to the tenant.
Follow California courts’ procedures, attend the hearing, and await judgment.
Obtain a writ of possession, a court order authorizing the sheriff to remove the tenant.

Rent Payments

Rent is essential in any rental agreement. California tenants must pay rent on time, although limited habitability remedies may allow tenants to withhold rent. Where applicable, annual rent increases must follow the statewide rent cap, local rent control laws, and the California Tenant Protection Act. A landlord must give 30 days’ written notice to raise rent by 10% or less and 90 days’ written notice above 10%, measured over 12 months.

Rent receipts document when California tenants pay rent and help resolve claims involving unpaid rent or payment errors. For many residential rental properties, the statewide rent cap is 5% plus the cost-of-living change or 10%, whichever is lower. Some exemptions depend on the required written exemption notice, while a local rent control ordinance may change the rules. California renters and landlords should keep detailed rent records.

Security Deposits

California law also obligates landlords to follow certain rules when collecting a security deposit, including:

The maximum security deposit amount. For deposits collected on or after July 1, 2024, the general cap is one month’s rent, with a narrow two-month exception for qualifying small landlords.
Deductions may cover unpaid rent, authorized cleaning, damage beyond normal wear and tear, and restoration of personal property authorized by the rental agreement; normal wear and tear is not deductible.
When to return the tenant’s security deposit. A landlord must return the deposit within 21 days after the tenant vacates.

Lease Termination

California tenants generally give 30 days’ written notice to terminate tenancy under a month-to-month rental agreement. A landlord generally gives 30 days’ written notice if all tenants and residents have lived there less than a year and 60 days if any has lived there at least a year.

The California Tenant Protection Act may require a landlord to provide relocation assistance equal to one month’s rent or waive the final month’s rent. When relocation assistance applies, the termination notice must explain the relocation assistance or rent-waiver option.

However, a tenant must have a legally justified reason to terminate a fixed-term agreement, such as active military duty, landlord harassment, and safety or health violations.

Bottom Line

Landlords have certain rights and responsibilities under state and local laws. Compliance with these landlord tenant laws helps ensure a smooth and successful landlord-tenant relationship, minimizing legal disputes and protecting the rights of both parties involved.

Always seek legal advice before choosing to withhold rent or acting under local rent control laws, other local laws, or state and local requirements for a rental unit. A local property management company can help landlords address landlord tenant issues involving residential rental properties.

If you have a question or need expert help in managing your rental property, then look no further than California Realty Group. Our team is here to help you succeed with your investment property. Get in touch to learn more about our 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.