California Room Rental Laws
"The California Guide to Residential Tenant's and Landlords' Rights and Responsibilities" is a guidebook the covers a number of topics, from searching for an apartment, to credit checks, to signing a lease. Created by the California State Department of Consumer Affairs, the guide is a 124-page document detailing all California laws relating to room rentals. For the full provisions of every room rental law in California, follow the link to the guide below.
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Discrimination
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As per state law California Civil Code 51, it is illegal for a landlord to discriminate against a tenant, or potential tenant, on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or whether persons under the age of 18 are members of a household. It is illegal for a landlord to ask a renter or potential renter verbal or written questions about any of these things. It is also illegal for a landlord to ask about the immigration or citizenship status of a potential renter. Tenants are not required to answer questions about age or medical condition. The landlord is allowed to ask about sources of income.
California Health and Safety Code Section 17922
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California Health and Safety Code Section 17922, a legal document, states the conditions landlords must maintain in order to rent property. All properties designated as temporary residence rentals--apartments, duplexes, rooms, etc.--are required to meet housing, building, plumbing, mechanical, and electrical codes provided by the national organizations of those trades. Health and Safety Code Section 17922 requires every residential unit have at least one room measuring 120 square feet. No living spaces can be smaller than 70 square feet. In order to prevent overcrowding, the area of any room in which more than two people sleep must be made at least 50 square feet larger than its original area for each person in excess of two sleeping there.
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Oral Contracts
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The state of California considers oral contracts in regards to rental properties legally binding. If a tenant and landlord come to a spoken agreement, that agreement is a legal contract. Under oral contracts, landlords have to provide tenants, in writing, with the name, street address and phone number of the landlord, contact information for the person who is to accept the rent, and the manner in which the rent is to be paid--check, money order, etc. It is illegal for a landlord or tenant to attempt to change the terms of a spoken agreement without the approval of both parties. Given the lack of proof of an oral agreement, the state strongly recommends a written contract.
Lodging Facilities
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Tenant rights do not apply to people who rent rooms in lodging facilities under certain circumstances. Those living in a hotel, motel, residence lodge or other lodging facility, such as a YMCA, are not eligible for tenant rights unless they have lived there for more than 30 days. If someone has lived in a room in one of the facilities described above for more than 30 days, but has any outstanding charges from the first 30 days, that person is not eligible for tenant rights. Anyone who lives in a motel, hotel, residence lodging or lodging facility is legally a guest, not a tenant, and may be locked out of a room by the owner or manager of the facility without a formal eviction proceeding.
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References
- Photo Credit apartment building image by Christopher Dodge from Fotolia.com
