Tenant's Rights in California, United States
Never let a landlord fool you into thinking that he has all the power. California renters have rights that landlords can't legally take away; the state's laws offer a variety of legal protections to renters regarding living conditions, rent increases and evictions. It's important to know your rights so that you'll know when the landlord has crossed the line.
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Habitability
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Under California law, rental units must be habitable, the Department of Community Affairs (DCA) states on its website. That standard includes your rental apartment or home's having working plumbing, air-conditioning and heating; your door must have working deadbolts; the unit's exterior is sealed against the weather; there are no safety hazards; and the unit is reasonably free of vermin. California renters have a right of habitability even if the lease states that the landlord has no responsibility to fix the problems.
Privacy
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Most state laws say tenants have a right to privacy: The landlord can't enter the unit at will. In California, the DCA states, the landlord is entitled to enter to make agreed-on repairs or improvements, to show the unit to prospective renters and any time that the tenant is there and gives permission. If the tenant is not there, the landlord has to give advance notice, but in an emergency that requirement can be waived.
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Money
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If you have a long-term lease, the landlord can't increase the rent unless the lease specifically allows it. If you rent month to month, the San Francisco Tenant's Union states, the landlord must give you 30 days notice of any increase in rent. If the increase is more than 10 percent in a year -- either a single increase or the cumulative effect of several small rent hikes -- you have 60 days notice.
Departures
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Normally, California landlords who want a month-to-month tenant to leave have to give at least a 30-day advance warning. If you've failed to pay the rent, violated lease terms or damaged the apartment, among other reasons, your landlord can give you three days to get out, but you can stay if you fix the problems. If you gave the landlord a security deposit when you moved in, you're entitled to get it back, the San Francisco Tenants Union states; California law doesn't allow for nonrefundable deposits. If your landlord wants to keep it to pay for damages, you have the right to fix the damage yourself and keep the money.
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References
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