Tenant Rights in Califonia
California law clearly defines tenant rights, which were created to ensure that all renters in the state have a safe, decent place to live. Tenants who know their rights can protect themselves against unscrupulous landlords by not paying a higher security deposit than required. They will also know that they are entitled to proper notice if the landlord needs to enter the unit or wants to terminate a rental agreement.
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Security Deposit
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The tenant has the right to their security deposit within three weeks of moving out of a rental home. The tenant also has the right to a written, itemized list of all deductions made from the security deposit. There are limits on how much a landlord can charge as a security deposit. If a tenant is renting a furnished home, the security deposit can be no more than three months' rent. If the unit is unfurnished, the maximum security deposit is equal to two months' rent. If a tenant has a water bed, the landlord can charge an additional deposit of up to one-half month's rent.
Rent Control
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Some cities in California have rent control, which gives tenants additional rights. In rent control cities, landlords are restricted in implementing rent increases each year. Landlords are also usually obligated to renew leases and rental agreements unless they have just cause not to do so (such as a tenant who does not pay rent on time).
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Notice of Termination
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Month-to-month tenants have the right to advance notice if a landlord plans to terminate the rental agreement. If all the tenants in a unit have been in residence for a year or more, the landlord must give 60 days notice, unless the landlord has sold the building to a new owner who plans to occupy the rental unit themselves. In such cases, or when all the tenants have not lived in the rental home for more than a year, the tenant has a right to 30 days notice.
Privacy
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California tenants have the right to privacy in their homes. A landlord can only enter a tenant's home without notice in an emergency. Otherwise, the landlord has to give the tenant 24 hours notice that she plans to come inside the unit, and can only enter during reasonable hours.
Repairs
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Tenants have the right to safe and habitable housing. Landlords must provide working deadbolt locks and smoke detectors, and are responsible for keeping the building up to code and its major systems (such as plumbing and electricity) in working order.
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References
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