California's Tenant Occupancy Laws
Before protective tenancy laws came into being, many California tenants were at the mercy of unscrupulous landlords, who often abused a tenants' rights. Not so today in California where renters enjoy protection and proprietors must adhere to tenant occupancy laws. These laws do not apply to those who rent hotel or motel rooms, as California views motel or hotel residents as "guests," unless the tenant stays in a residence facility.
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Unlawful Discrimination
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Under California law, property owners or real estate agents cannot discriminate against a renter when holding, obtaining or seeking housing. Discrimination because of race, color, religion, sex, familial status or source of income among others is prohibited under California law. Discrimination because of pregnancy, gender or gender identification, disability, ancestry or national origin also is not allowed.
Disclosure
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In rentals that maintain shared utility meters, the property owner must disclose this to the renter before a renter signs a rental agreement and an agreement must be reached as to how these fees are paid. Landlords also must inform tenants of the use or presence of lead-based paint and provide tenants with the Environmental Protection Agency's pamphlet, "Protect Your Family From Lead in Your Home" and include a lead-based warning in the rental agreement, but the landlord is not required to remove such paint.
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Rental Agreements
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Foremost, any promises made by the landlord or his agent need to be included in the lease. Names of the landlord and the tenant, the rental address, the amount of rent and when it is due, to whom it is paid and where it is paid must all appear on the rental agreement. This must state whether pets are allowed, the number of occupants allowed, the amount and purpose of the security deposit, the amount of late fees and returned check fees, and who is responsible for utility payments and other fees associated with renting, such as trash pickup, gardening or cable fees.
Tenant Legal Rights
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Regardless of what appears on the rental agreement, a property owner must abide by the limits for setting security deposit fees. When a tenant leaves a rental, he is entitled to a refund of the security deposit and an accounting of how the security deposit was used, if not fully refunded or both. The tenant does not give up his right to sue the landlord for violations of law or the rental agreement because he has entered a rental agreement. Landlords must allow tenants with disabilities to make reasonable accommodations for their disability.
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