California Residential Landlord/Tenant Act
The California Residential Landlord/Tenant Law protects property owners and tenants involved in a rental agreement. Landlords and tenants can enter into a rental agreement orally or in writing. The rental agreement spells out the terms of the agreement and allows property owners to put in writing rules for tenants living in the unit.
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Security Deposits
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The California Residential Landlord/Tenant Law limits the amount of a security deposit to three times the value of the rent for furnished rental units or an amount equal to two month's rent for an unfurnished home. The state allows landlords to add an additional one-half month's rent for tenants with waterbeds. All deposits made at the beginning of the tenancy are considered security deposit and landlords cannot charge separate deposits for pets, cleaning, last month rent or key deposits. Payments made at the beginning of the tenancy to cover potential damages to the property are considered security deposits. California law does not require landlords to pay interest on the security deposit, but some local areas do, such as Los Angeles, Santa Monica, San Francisco, Berkeley and Santa Cruz. Landlords and tenants should be familiar with these local ordinances. The landlord must return the security deposit to the tenant within 21 days of the tenant vacating the property. Landlords must provide an accounting of any money used from the security deposit to pay for damages beyond normal wear and tear. The property owner can deduct unpaid rent from the security deposit as well.
Lease Agreements
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A lease agreement must identify the tenant and landlord, including the address of the landlord or someone who accepts rent payments and legal documents. It must state rent amount, late fee amounts, terms and due date for payments. Rules such as "no pets" must be specified in the lease agreement. Except when there has been a failure to pay rent, the law does not allow eviction of a tenant for a breach of the lease that is not written in the lease agreement and signed by both parties.
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Landlord Responsibilities
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The landlord must maintain the property in a livable condition unless the condition is caused by the tenant's negligence or damage. The plumbing, heating system and electrical system must be up to code. The property owner must supply hot and cold running water, locks and wiring for a minimum of one telephone and must ensure stairways and floors are safe and that the building has weatherproofing.
Tenant Responsibilities
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Tenants have a responsibility to keep the rental unit in a clean and sanitary condition. The tenant must pay rent on time and pay late fees outlined in the rental agreement. The tenant is responsible for damage caused by the tenant.
Evictions
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To terminate a month-to-month tenancy, the landlord or tenant must provide a 30-day notice. When tenants break the terms of the lease agreement by failing to pay rent or violating a rule in writing in the lease, the landlord must provide a three-day notice. The tenant has an opportunity to correct the breach of the lease or pay the back rent within the three-day period. The landlord must wait the length of the notice before filing a court complaint. The tenant has five days to respond to the complaint and has an opportunity to state his case in court.
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