What is the Landlord Law in California?
Some people are fortunate to own houses, but many others must pay rent to a landlord to have a place to call "home." Landlord law can be tricky, and sometimes renters may feel that the law is on the landlord's side. However, tenants have many rights. Landlord/tenant law varies across the country, but California has strict laws governing this often-turbulent relationship.
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Tenancy Rental Agreements
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California law states that a tenancy is created by the rental agreement, which can be either written or oral. The written agreement should identify the parties involved. The amount of rent a tenant agrees to pay should reflect market conditions unless in rent-control cities. Rent on a month-to-month basis is paid at the end of the month rather than at the beginning in lease agreements that are long-term, such as six months or more, rather than month-to-month.
Security Deposits
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California allows only unitary security deposits, which are advance payments to the landlord earmarked to repair damage to the premises caused by the tenant. The landlord is not allowed to charge any nonrefundable deposits or fees.
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Discrimination
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Landlords are bound to follow the law regarding anti-discrimination statutes on the federal and state levels. All people are entitled to equal accommodations regardless of sex, race, color, religion, ancestry, age (unless it is senior housing) or family status.
Tenant Privacy
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A landlord is permitted to enter the tenant's premises only for specific reasons such as maintenance or showing the premises to prospective tenants. Landlords must obtain tenant approval to enter at least 24 hours in advance. The only time a landlord may enter the premises without prior consent is during an emergency.
Termination of Tenancy
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Tenancy terminations usually result from a lease-term default. Fixed-term leases end automatically at the end of the term unless otherwise specified in the lease agreement. In a 12-month lease, the agreement ends on the one-year anniversary of its original effective date. The lease will automatically renew for a period equal to the period for which rent is paid and the landlord accepts payment. For example, if the tenant pays one month of rent, the lease is renewed for one month.
Eviction
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A tenant may face eviction due to nonpayment of rent or for other reasons. Eviction cases, also known as unlawful detainers, must be preceded by an eviction notice. The landlord will specify a period, such as 30 days, as a time frame for moving out. In some jurisdictions, landlords need no cause to evict someone, although illegal reasons such as retaliation or discrimination will nullify the eviction. Tenants can appeal their evictions in court. Landlords are not allowed physically to force out a tenant.
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