California Rental Laws – An Overview of Landlord Tenant Rights in Redondo Beach

Becoming a successful landlord in California means knowing the state’s landlord-tenant laws. This is important as you’ll get to know the limits of what you can and cannot do when renting out a unit. Rental owners should also familiarize themselves with the laws under The Fair Housing Act.

The provisions of the California landlord-tenant law are contained under the state’s Civil Code 1940-1954.06. The following are some key takeaways that every landlord in California should know. 

Required Landlord Disclosures in California 

As a landlord, you must provide a tenant with the following disclosures before they sign the rental agreement. 

• The use of lead-based paint on the walls. This is required of landlords who own homes built before 1978. 
• Written information regarding bed bug infestations. Landlords must use a language specified under state law.
• Documentation about any known mold in the home. 
• Disclosure about the division of utility bills and how they are applied. 
• Knowledge about the use of asbestos. This is required of landlords renting out units built before 1979. 
• Disclosure about non-HIV or AIDS-related death which has occurred in the unit within the past 3 years. 
• Disclosure about any plans to demolish the premises within the near future.
• Disclosure about the smoking policy where the landlord imposes one. 

Failure to provide these disclosures often results in penalties, such as fines and lawsuits. 

California Tenant Rights & Responsibilities 

California landlord-tenant law grants tenants the following rights after establishing an agreement with a landlord. A right to:

• Live in a habitable living space with heating, hot running water, and smoke- and carbon-monoxide detectors, among other amenities. 
• Cancel the rental agreement if the landlord fails to make critical repairs within a reasonable time. 
• Live in peace and quiet. 
• A proper and fair eviction process. 
• Exercise certain rights without landlord retaliation or discrimination.
• Have the security deposit or a portion of it within 21 days of moving out. 
• Break the lease for certain justifiable reasons, such as when starting active military duty. 
• Be notified before a rent increase. 

The list of responsibilities for tenants in California includes the following. 

• Keep the unit clean and habitable. 
• Use the provided amenities and fixtures reasonably and for their intended purposes. 
• Not cause disturbance to neighbors, such as playing loud music or throwing large noisy parties. 
• Make minor repairs, such as replacing a burnt-out light bulb. 
• Care for the unit by not causing negligent property damage. 
• Pay rent on time, as outlined in the rental agreement.

Landlord Rights & Responsibilities in California 

According to CA laws, landlords have the right to:

• Proper notification when it comes to repair requests. 
• Evict renters from the property for legitimate reasons, such as failure by the tenant to pay rent. You cannot withhold rent from renters for an illegitimate reason.
• Require a tenant to pay a security deposit equivalent to one month’s rent before moving in. 

• Withhold part or all of the security deposit for damages exceeding normal wear and tear. 
• Not renew a fixed-term or periodic lease after its expiry. 
• Hold tenants liable for the rent due under a fixed-term tenancy if the tenants choose to break it early. 
• Increase rent twice every 12 months. 
• Enter a tenant’s rental unit or property for reasons such as inspection, property showing, and emergencies. 

Equally, landlords in CA are expected to do certain things as per state and federal laws. They include the following. 

• Giving your tenants a notice of at least 24 hours before entering their rental unit or property. 
• Not engaging in discriminatory practices against tenants who are a member of a protected class. 
• Abiding by the state and local rent control laws when raising rent. 
• Making reasonable efforts to find a new tenant after the original tenant breaks their fixed-term tenancy. 
• Abiding by the state’s security deposit laws, such as returning the portion to the tenant within 21 days of them moving out. 
• Obtaining a court order before evicting tenants from the property. 
• Making needed or requested repairs to the residential rental property within 30 days of proper notification. 
• Renting out a unit that meets the state’s minimum requirements for habitability. 

An Overview of the Landlord-Tenant Laws in California 

1. Habitability Requirements

CA requires rental property owners to abide by the state’s minimum requirements for habitability. These state and local laws for habitability include: 

• Heating
• Running hot water
• Smoke and carbon monoxide detectors
• Garbage containers and removal services
• Pest-free premises
• Mold-free premises

This legal requirement for providing residential tenants with habitable rental unit is contained under the state’s Civil Code 1941.2. It also requires repairs to be made within 30 days after proper notification by the tenant.  

2. Tenant Evictions

Tenant evictions must follow the California landlord tenant laws. Landlords must not engage in illegal tenant removal exercises, such as shutting down their utilities or locking them out of the rental property. Neither can a landlord use retaliatory or discriminatory methods to kick a tenant out. 

To evict a tenant who refuses to leave after an eviction notice, you’ll need to obtain a court order. And even then, the eviction would have to be carried out by the local sheriff. 

3. Security Deposits 

Most landlords in California collect a security deposit from their tenants. And for good reasons. It can cushion you against possible financial damage by an irresponsible tenant.

Property owners can use a tenant’s deposit for unpaid rent, rental property damage beyond normal wear and tear, and cleaning costs if the unit is left in poor condition. 

You must, however, abide by certain rules under California Security Deposit Laws, including:

• Not charging a dime beyond the equivalent of one month’s rent. 
• Not making deductions for damages resulting from normal wear and tear. 
• Returning the deposit within 21 days of the tenant moving out. 

4. Lease Termination Requirements 

Lease termination requirements for periodic leases work the same way for landlords and tenants. The party looking to terminate it must serve the other a proper notice. Under California Law, the notice requirements for a week-to-week lease and a month-to-month lease are 7 days and 30 days, respectively. 

5. Rent Increase Rules 

California has rent control laws that property owners must abide by when raising rent. Some of the rules are as follows: 

• The percentage of rent increase must coincide with the rate of inflation. 
• Rent increases can only be made twice every 12 months. 
• Landlords must notify their tenants 30 days in advance. 

Bottom Line

Your journey to becoming a successful landlord begins with understanding and ensuring you comply with the state’s landlord-tenant laws. Fortunately, today’s blog covers the essential basics to help you get started.

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