California Rental Laws – An Overview of Landlord Tenant Rights in Poway

california rental laws

Averaging 6.2 million renters, the state of California has one of the biggest renter populations in the U.S. 

The relationship between California landlords and tenants is guided by the statewide tenancy laws, and as a landlord, it’s important that you understand them because they can help you avoid potential issues with your tenants.

The following is a basic overview of the state’s landlord-tenant rights.

Landlord Disclosures

California landlords must make certain information known to their tenants.

Some of the information is as follows:  

  • Lead Paint: If you’re renting out a property built before 1978, you must disclose information regarding the use of lead-based paint to the tenant.
  • Mold: Due to the health issues associated with mold, California landlords are required to disclose information regarding mold in the property.
  • Utility: You must also let your tenant know how utility costs are going to be shared.
  • Flood Hazard: Is your rental unit located in an area prone to flooding? If so, you must share that information with your tenant prior to signing the lease.
  • Military Ordinance: Is the property in close proximity to a military installation where live ammunition and explosives were used? If so, you must let your tenant know.
  • Death in the Unit: Has a tenant ever died in the unit? If so, you have an obligation to disclose the cause of their death. The only exception is if the tenant died of AIDS.

California Landlord Rights & Responsibilities

Lnaldords in California have the right to:

  • Be served the appropriate written notice when a renter wishes to vacate the unit.
  • Conduct routine inspections as per the lease.
  • Show the property to prospective tenants, buyers, and lenders.
  • Evict a tenant that has seriously violated the lease agreement terms.
  • Have a tenant pay rent as per the lease agreement.
  • Require a deposit for the lease agreement to take effect.
  • Change one month’s rent as per local rent control laws. 

In regards to landlord responsibilities, you are responsible for:

  • Notifying your tenants of all legally required disclosures regarding your rental units.
  • Preparing a lease or rental agreement that abides by all the local and state tenancy laws.
  • Providing rental properties that abide by all California habitability laws.
  • Meeting the state’s security deposit rules.
  • Complying with the state’s Fair Housing Laws.
  • Recovering any unpaid rent using a security deposit or otherwise after the lease termination. 
  • Managing any and all security deposits and ensuring that security deposit is compliant with local and federal law.
  • Pursuing the tenant after any lease violation occurs.

landlord-tenant handshake

California Tenant Rights & Responsibilities

Your California tenants have rights, too under the California rental law. They have a right to:

  • Live in a habitable property that adheres to all local rent and state habitability laws.
  • A fair eviction process if the tenant refused to pay rent.
  • Be notified by the landlord when the landlord seeks to make important changes to the lease or rental agreement.
  • Live in peace and quiet.
  • To withhold rent under certain circumstances as described in the California landlord-tenant laws.

When it comes to responsibilities, tenants are responsible for the following under California law:

  • Notifying the landlord when looking to move out of the rental premises.
  • Provide the landlord with proper notice when looking to leave for extended periods of time.
  • Maintaining the peace and quiet of the neighborhood as per California law.
  • Reporting any maintenance issues to the landlord.
  • Ensuring the property is regularly cleaned.
  • Paying rent whenever it is due.

Overview of the Landlord-Tenant Law in the State of California

1. Landlord Entry

Landlords have the right to enter the tenant’s home to carry out important responsibilities under the California landlord-tenant laws, such as:

  • Repairing the unit
  • Conducting a scheduled inspection
  • Under a court order
  • In the event of an emergency
  • To show the rental unit to prospective lenders, buyers, or tenants

Besides having legitimate reasons, California laws state that you must also enter the home during normal business hours.

2. Habitability Law

Landlords have a responsibility of ensuring your rental property is habitable. In other words, you must ensure your California rental unit is fit for occupation. For example, it must have decent toilets, running water, heating, and electricity.

If you fail to do so, your tenant can withhold further rent payments, move out of the unit without notice, sue you for damages, notify the relevant authorities, and even exercise their right to “repair and deduct.”

3. Small Claims Court

Small claims courts are special kinds of courts that are designed to resolve conflicts regarding relatively small claims. Different states have different limits in regards to the amount of lawsuit that can be filed. In the state of California, the limit is capped at $10,000.

4. Security Deposit Law

Just like other states, California has laws surrounding security deposits in place. Contained in the statewide rental laws, it defines important security deposit rules including the security deposit limit, how security deposits should be stored, and when they should be refunded back to the tenant after they rent.

For a basic overview of the deposit laws, please click here.

5. The Fair Housing Act

Landlords have a responsibility to adhere to the state’s Fair Housing rules. This means treating your prospective tenant fairly regardless of their race, color, age, sex, religion, ancestry, disability, familial status, marital status, sexual orientation, HIV/AIDS, genetic information, medical condition, and gender identity.

This means that you cannot, for instance, ask your tenants any of the following questions during screening:

  • Where are you originally from?
  • How old are you?
  • How many children do you have?
  • Is that a service dog?
  • Are you divorced?
  • Are you married?

Such questions or stipulations in the rental agreements are considered housing discrimination and therefore illegal.

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Need More Help?

Do you still need help? If you do, Halcyon Real Estate Services can help. We understand the complex aspects of owning and managing a rental property. Our main focus is to help you maximize your returns through quality rental management services. Contact us today!

Disclaimer: This blog isn’t a substitute for professional legal advice. If you have any questions regarding this content, please don’t hesitate to reach out to us.