California Landlord/Tenant Law & Requirements
California's landlord and tenant laws provide the respective duties between residential landlords and tenants. In addition to complying with the federal and state fair housing laws prohibiting discriminatory rental practices, landlords have specific obligations to provide tenants with safe rental environments allowing quiet enjoyment of property. Landlords must also comply with local safety ordinances. Tenants also have specific duties to provide rent on a timely basis and comply with the terms of the lease agreement.
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Rental Amounts
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Landlords must abide by the terms of the lease agreement. If the lease allows for rental increases, then landlords cannot increase rent without giving the tenant notice of the upcoming increase. For landlords increasing the rent by 10 percent, landlords must give tenants at least one month before the rent hike. For landlords raising the rent more than 10 percent, landlords must give at least a two month notice.
Rent Withholdings
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A tenant in California can implement a "deduct and repair" remedy where she can reasonably deduct amounts from her monthly rental payments until the landlord makes necessary repairs to items that affect the tenant's safety and well-being. Tenants may withhold up to one month of rent to pay for repairing the defects after providing the landlord with a reasonable opportunity to repair the defect. Landlords may not legally evict tenants for exercising these rights to remedy and deduct.
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Security Deposits
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California landlords may charge an upfront security deposit covering rent for two months if renting an unfurnished unit. Landlords renting furnished apartments may charge an upfront payment covering rent for three months. Landlords may keep portions of the tenant's security deposit to pay for cleaning after move out, unreasonable wear and tear, damage and unpaid rent. Landlords must provide tenants with an itemized statement of all security deposit charges within 21 days after the tenant vacates the property. The landlord has 21 days from move out to return any remaining security deposit amounts. Landlords can legally retain the deposit for longer than 21 days if the landlord needs more time to calculate the total damage costs to the property. However, the landlord must send the final accounting or repair invoice within 14 days after calculating the damages or completing the necessary repairs.
Implied Duty of Habitability
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Landlords in California are required to comply with local codes and safety standards. The landlord's implied duty of habitability requires him to provide a safe and habitable rental environment for his tenants. Landlords must provide any necessary utility repairs to make the rental unit a safe and livable environment. Landlords must immediately remedy any known defects such as lead exposure that would endanger the tenant's health.
Eviction
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In California, tenants may be evicted for nonpayment of rent if the landlord provides a three-day opportunity and written notice to pay or leave. Tenants who do not fully pay the entire delinquency can be forcefully evicted by the local police department or sheriff's office after the landlord obtains an unlawful detainer and writ of possession allowing eviction. California landlords may not resort to self-help evictions by changing locks or discontinuing electric, water or gas services.
Considerations
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Since real estate laws frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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