California Rental Laws – An Overview of Landlord Tenant Rights in San Gabriel Valley

CA Civil Code 1940-1954.06 gives both landlords certain rights and responsibilities once a lease or rental agreement is established. As a landlord, you must familiarize yourself with this law for a smooth landlording experience.

Here are the important basics to keep in mind when renting out a property to tenants in California:

Required Landlord Disclosures in California

California landlords must provide residential tenants with the following disclosures before a tenant can move in:

• Landlords renting out units built before 1978 must provide tenants with information regarding concentrations of lead-based paint.
• Information about a non-HIV or AIDS-related death that has occurred in the unit within the last three years.
• Information about whether the rental property is within a military ordnance location with an explosive risk.
• Information on how the tenant can report bed bug infestations.
• Documentation about any existing mold in the unit.
• Disclosure to renters about how sharing of common utility bills is going to be divided up.
• Information about the use of asbestos for buildings built before 1979.
• The right of the tenant to access information on the sex offender registry.
• Information on the use of pesticides in the unit.

Tenant Rights and Responsibilities in California  

Tenants in California have the following basic rights according to California landlord tenant law:

• To live in a property that meets basic requirements for health and safety.
• To have repairs made within 30 days after notifying the landlord in writing.
• To withhold rent from the landlord in case of violation of the warranty of habitability.
• To a legal eviction with a proper eviction notice.
• To have the security deposit returned either partially or wholly within 21 days.
• To an appropriate notification before the landlord can terminate their periodic notice.

• To be notified 30 days in advance before a rent hike as per California law.
• To be treated fairly as per California fair housing laws.
• To obtain a 24 hours’ advance notice before landlord entry.

As for the list of responsibilities, they include the following:

• To serve the landlord with the appropriate notification before terminating a periodic tenancy.
• To keep the rental units clean, sanitary, and habitable during the tenancy.
• To use the fixtures and provided amenities reasonably and for their intended purposes.
• To take care of repairs that they are responsible for as per the terms of the lease or rental agreement.
• To notify the landlord of issues as soon as they become aware of them.
• To not disturb the peace and quiet of other tenants.
• To pay rent on time.

California Landlord Rights and Responsibilities

The list of rights for California landlords includes the following according to the California landlord tenant laws:

• To reject a prospective tenant on bona fide grounds.
• To evict a tenant who violates a term of the lease, such as failure to pay rent.
• To require a tenant to pay the equivalent of one month’s rent as the security deposit.
• To end a periodic lease after serving the tenant an appropriate notice.
• To raise rent as long as the increase complies with the state’s rent increase law.
• To enter a tenant’s rental unit after giving a notice of at least 24 hours.
• To charge renters a fee on late or unpaid rent payments.

As a landlord in California, you have the following responsibilities under federal and state landlord tenant law:

• To provide a property that meets the basic health, safety, and building codes.
• To make necessary repairs promptly after getting a written notice from tenants.
• To follow the judicial process when trying to evict a tenant for lease violations.
• To abide by the state’s security deposit laws when collecting a security deposit.
• To make a reasonable effort to find a replacement tenant after the original tenant breaks the lease and leaves unjustifiably.
• To abide by the state’s local rent control laws when raising rent.
• To abide by the fair housing rules.

An Overview of the Landlord Tenant Laws in California

Landlord Entry

Under California law, landlords can enter a rental unit for various purposes. These include the following:

• To show the property to prospective tenants.
• To inspect the unit.
• To respond to a repair or maintenance request.

A landlord also has certain responsibilities that they must abide by, including giving the California tenant a written notice at least 24 hours before they enter their rented premises, unless it’s an emergency.

Housing Discrimination

Housing discrimination based on federal and state fair housing laws is a no-no for housing providers like landlords. The Federal Fair Housing Act protects tenants against landlord discrimination based on 7 classes: sex, race, color, religion, nationality, familial status, and disability.

The state of California extends the list of protections for tenants by adding immigration status, gender identity, citizenship status, mental disability, ancestry, primary language, sexual orientation, income source, and military and veteran status.

Rent Increase Laws

The California Tenant Protection Act of 2019 imposes specific rules regarding rent increases for tenants. The following is a basic overview of the rules:

• The maximum percentage increase changes every year based on the annual inflation rate.
• Rent increments can only be made twice every year.
• A rent increment can only be done after the current rental term is over.
• A rent increment must abide by the antidiscrimination- and retaliatory laws.
• Proper notice must be served on a tenant before their rent can be raised. The notice period to serve will depend on the percentage increase. If it’s 10% or more, you must serve the tenant a notice of at least 90 days. If below 10%, you must serve the tenant a notice of at least 30 days.

Breaking a Lease

A tenant may be able to break their lease for certain justifiable reasons such as:

• Refusal to accommodate reasonable requests from a disabled tenant.
• Death of a sole tenant.
• Sexual or domestic violence.
• Violation of privacy.
• Permanent change in military station resulting in relocation.
• Violation of the warranty of habitability.

Before a tenant can break the lease and move out for such reasons, however, they must meet certain requirements, including providing a proper notice before moving out of their rental unit.

After the tenant breaks the lease and leaves, you must make a reasonable effort to re-rent the unit. If successful, the previous tenant will only be responsible for paying the due rent for the duration the unit was unoccupied.

Conclusion

To be a successful landlord, you need to have a proper grasp of California landlord tenant laws. This will help you protect your rights and avoid legal issues regarding compliance.

If you have questions or need the expert services of a property manager, look no further than Proactive Property Management! We provide full-service property management services in San Gabriel Valley and the surrounding areas. 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.