Landlord-Tenant Statutes and Laws in California
California Civil Code Section 1940 governs the rights and responsibilities of landlords and tenants with respect to rental agreements, rental applications, security deposits and fees, nondiscrimination and health and safety. The statutes also provide a dispute resolution framework for landlord-tenant conflicts and aid in maintaining fair landlord-tenant relationships.
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Rental Application
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As part of the background and credit screening process, a landlord may ask a prospective tenant to complete a rental application form. Information collected on the form includes the tenant's employment history, contact information for previous landlords, tenant references, contact information, banking information and credit history. A landlord can not ask for discriminatory information such as race, disability, number of children under the age of 18 living in the household, marital status or source of income. As of 2009, the maximum screening fee that a landlord can charge to process a rental application is $42.06. The landlord must provide an itemized receipt to the tenant, outlining the expenses related to the application screening fee. The landlord must return any fees charged over and above the amount listed on the receipt to the tenant.
Contractual Agreements
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A landlord and tenant can enter into a periodic rental agreement or a lease agreement. A periodic rental agreement identifies the number of days between each rental payment. A periodic rental agreement does not have a fixed end date; it expires at the end of each rental period and is renewed upon the tenant paying the next periodic rental payment. Periodic rental agreements can be written or oral, and may be month-to-month or week-to-week. A lease agreement contains a fixed end date for the expiration of tenancy unless it is mutually agreed upon by the renter and landlord to renew the lease for an extended period of time. During the lease period, a landlord cannot raise the rent or evict a tenant (except in cases involving failure to pay rent or damage to the rental property).
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Tenant Rights
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Upon termination of the rental agreement, tenants have the right to receive a refund of any security deposits paid to secure the rental unit. A landlord can deduct any damages or unpaid rent and must return the balance of funds to the tenant. In accordance with the California Landlord-Tenant Statute, a landlord cannot charge a security deposit or more than two month's rent for an unfurnished rental unit, or three months rent for a furnished rental unit. Additional provisions relate to tenants who have a water bed. Tenants also have the right to pursue litigation against the landlord for any rental agreement violations and to withhold rent if the landlord is negligent in repairing defects that affect the tenant's health and safety. Additionally, tenants have a right to receive notification from the landlord prior to entry into tenant's rental unit.
Landlord Responsibilities
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It is the responsibility of a landlord to ensure that rental premises are habitable. This includes ensuring that necessary repairs and maintenance are made to the heating, electrical, air conditioning, plumbing, fire safety systems and common areas of the building. Landlords are also responsible for providing garbage disposal and property maintenance. Landlords must disclose if the rental building contains lead-based paint or other related health hazards. A landlord must provide a tenant with a rental agreement that contains the contact information of the owner or building manager, or must post this information in a visible location in the rental dwelling.
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