Fair Housing & Legal Rights for Tenants in California
Whether you are renting a house, an apartment, or duplex in California, it is important that you know your legal rights as a tenant. California law requires that every renter be given a fair treatment by landlords or property owners. Before you sign any lease agreement, read it carefully and check if everything corresponds with the law.
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Livable Rental Unit
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The rental unit is considered livable if it has working plumbing, is weather or water proof, offers hot and cold running water, a working electrical system, a heating system, is free from infestations, has enough trash cans, offers good ventilation, includes fire or emergency exits, smoke detectors, and a security system. Before renting a place, check if the unit has these necessary features.
Unlawful Discrimination
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Under California's Fair Employment and Housing Act, a landlord cannot refuse to rent to someone because of the person's race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, medical condition and age unless the rental property is specified as housing for senior citizens. It is also considered unlawful for a landlord to inquire about the tenant's immigration status. The landlord is allowed to check the applicant's credit history and can reject the application based solely on a bad credit report.
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Privacy
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Tenants have the right to a 24-hour advance notice if the owner or landlord intends to enter the rental unit. The only time the law permits the landlord to enter the property without advance notice is when the landlord is responding to an emergency. The landlord can also enter the rental unit if the tenant has moved out or abandoned the unit, or when the tenant is present and consents to the entry, and when there is a prior agreement between the landlord and the tenant to do repairs.
Security Deposit Refund
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California law requires that the landlord should give you a full refund of the security deposit 21 days or less after you moved out. If you received a partial refund, it should be accompanied by an itemized statement as to where the rest of the amount was used. The landlord can only use the security deposit for the following reasons: damages in the rental unit caused by the tenant, cleaning the place if it is not as clean as it was when the tenant moved in, unpaid rent, replacing or restoring damaged furniture. Security deposits cannot be used if the rental unit needs some fixing due to normal wear and tear.
Sale of the Rental Property
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Your legal rights as a tenant does not change when the landlord sells the property. You can remain in the property until your lease expires. The security deposit must be returned after you move out.
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References
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