Overview of the California Rental Laws

Building up a solid body of knowledge of California's Landlord-Tenant Laws is beneficial if you own a rental property in Redding, California. Tenants will appreciate that you've taken the time to learn the relevant laws and regulation, which is one of the keys to longer tenancies and lower turnover rate.

When you know the law inside and out, adhering to state policies is easier and you'll be less likely to compromise your business reputation. You’ll also have the advantage of knowing your rights and responsibilities. This will help put you in the driver's seat for any situation you’re confronted with while managing your rental property. Here are some important aspects of landlord-tenant law in California that you should be sure to be aware of.

Required Landlord Disclosures in California

Thinking of buying an investment property in the Redding area? In California, landlords must disclose the following information to tenants:

Nonrefundable Fees

 Under California law, nonrefundable fees aren't permitted. Read this helpful article to learn more about the specifics of security deposits for rental units in California.

Security Deposits

In California, landlords must pay attention to the following guidelines when dealing with security deposits:

1. A landlord can collect 2 months of rent as a security deposit for an unfurnished unit.
2. A landlord can collect 3 months of rent as a security deposit for a furnished unit.
3. A landlord can only collect 1 month of rent as a security deposit for active duty servicemen renting unfurnished units.
4. A landlord can collect 2 months of rent as a security deposit for active duty servicemen renting a furnished units.

The refund of a tenant’s security deposit must be made within 21 days. Tenants may submit a request for pre-inspection before the lease's end. This way, a tenant can know what maintenance and repair to ensure the security deposit is returned.

Rights of Domestic Abuse Victims

California landlords are prevented from disclosing information regarding a tenant’s domestic violence case to a third party. Written permission is required from the tenant to do so. A court order is necessary to protect the confidentiality of the case.

Owner or Agent Identity

Under the California law, the landlord is obligated to inform the tenants of the following:

• The name and address of the landlord or property owner.
• The name and address of the property management company .

Tenant Rights and Responsibilities

Basic Renter Rights in California

• The right to be notified by the landlord in writing to exercise an option of pre-inspection of the rental property before the tenancy expires. As mentioned earlier, this is to provide an opportunity to remedy property damages to receive a full refund of the security deposit.
• The right of written 24 hours notice by the landlord prior to property entry. Normal business hours must be observed. 
• The right to withhold rent payment if a landlord has failed to keep up the maintenance of the rental property, posing a serious risk to the renter.

Basic Renter Responsibilities in California

• The responsibility of maintaining reasonable care of the rental unit including the common areas of the property. Tenants are also responsible for repairing damages caused through neglect and abuse.
• The responsibility of keeping the property clean.
• The responsibility of keeping peace and harmony in the rental property. The tenant must refrain from being a nuisance or disturbing others.

Landlord Rights and Responsibilities

Basic Landlord Rights in California

• The right to withhold a tenant’s security deposit if the tenant fails to pay rent, clean the rental space, or repair damages caused by neglect.
• The right to enter the rental property without prior notice to the tenant during emergency situations.

Basic Landlord Responsibilities

• The responsibility not to exceed the allowable security deposit limit mandated by state law, and to refund the security deposit within 21 days. 
• The responsibility to keep the rental unit livable by regular maintenance and repair work of the property. These cleaning tips can help ensure your property is a nice living space for tenants.

An Overview of the Landlord-Tenant Laws in California

1. Tenant Privacy and California Landlord’s Right to Enter the Dwelling

24 hour written notice prior to property entry must be provided to all tenants, based on California law. The landlord must schedule this entry to fall within reasonable hours of 8am to 5pm on weekdays. Particularly now that so many people are working from home, your tenants will want to be aware of your arrival.

The landlord’s reasons for entry must be either to:

• Conduct necessary maintenance and repairs.
• Show the unit to prospective tenants and buyers.

 2. Condition, Maintenance, and Repairs

California law stipulates that a landlords are responsible for making sure rental properties are habitable by:

• Ensuring there are working smoke detectors in all units.
• Providing hot running water to all tenants.

3. California’s Housing Discrimination Laws

California landlords must adhere to the Fair Housing Act.

They must refrain from asking prospective tenants discriminatory questions that pertain to: race, color, religion, sex, national origin, disability and familial status.

California landlords must also observe the Unruh Civil Rights Act and the California Fair Employment and Housing Act. The law discourages the California landlords further from asking prospects about their ancestry and/or age, gender expression, marital status and sexual orientation.

4. Security Deposits

Under California law, landlords can ask for a security deposit from their tenants in order to:

• Pay for the cost of property damages beyond normal wear and tear. 
• Cover cleaning costs when tenants move out.

5. Required Landlord Disclosures

California landlords are responsible for making the following disclosures:

• A landlord must inform  tenants about the presence of pests in the property, and the use of pesticides in the past.
• A landlord must disclose in detail how utility fees will be applied and shared.

6. Tenant Rights to Withhold Rent 

Here are cases when California tenants may withhold rent payments:

• When there’s a safety risk, such as a landlord failing to repair a broken front door.
• When the landlord has failed to provide working electricity, making it difficult for the tenant to stay in the unit.

7. Small Claims Lawsuits 

In California small claims court, tenants can sue for landlords up to $10 000.

The Bottom Line

It's important to keep up to date about the rental laws in your local jurisdiction to avoid getting caught off guard. For example, there are certain situations in which squatters can claim ownership over a rental property. Familiarizing yourself with local legislation is one of the keys to success as a real estate investor.

Remember that this blog should not be used as a substitute for legal advice from a licensed attorney in California. Laws frequently change, and this post might not be updated at the time of your reading.

Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.