California Tenants Legal Rights
California gives tenants and landlords rights and responsibilities. Tenants have legally protected rights against discrimination and self-help evictions, as well as the right to receive disclosures about hazardous material and the right to live in a habitable unit.
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Discrimination
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A landlord may not discriminate or ask questions about an applicant's race, color, sex, sexual orientation, religion, ancestry, familial status, disability or immigration or citizenship status.
Disclosures
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A landlord is required by law to make disclosures to new tenants regarding hazardous material, such as lead-based paint, asbestos, pest control treatment, death in a rental unit and methamphetamine contamination.
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Basic Rights
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A tenant has the right to limit a landlord's right to enter a rental unit; the right to a refund of a security deposit; the right to make repairs of serious defects and deduct the cost from the rent; and the right to withhold rent in certain circumstances.
Habitability
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A rental unit must be habitable. This means that the unit is fit for a human to live in and complies with California health and safety codes.
Evictions
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When a tenant fails to pay rent, violates a lease or rental provision, materially damages the property, substantially interferes with other tenants' right to enjoy the premises or engages in unlawful activity, a landlord can give the tenant a three-day written notice of termination. If the tenant refuses to move, the landlord can file an unlawful detainer action and regain possession of the premises if the court issues a writ of possession.
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