Property owner
Landlord Responsibilities
Implied warranty of habitability: Stemming from the pivotal case Green v. Superior Court, California landlords must ensure rental properties are in good repair and meet basic structural, health, and safety standards. This obligation includes maintaining essential services such as plumbing, heating, and electrical systems.
Click here for the California Tenant Guide
Security Deposits
As of 2024, landlords can charge a security deposit of up to one month's rent for any rental unit, ensuring protection against potential damages or unpaid rent. This amount is standardized for furnished and unfurnished units. California landlords must refund security deposits within 21 days post-tenancy and provide valid documentation for any deductions. Non-compliance may result in penalties up to three times the deposit amount.
Rent Control
Property owners are subject to rent control laws that limit how much they can raise rent. According to state law AB 1482, the maximum annual rent increase is limited to 5% plus the local cost-of-living adjustment.
Property Access
Landlords are permitted to access their properties for emergencies, scheduled repairs, maintenance, and showings, provided proper notice is given to tenants. Property owners must give a 24-hour notice for entry, detailing the date, time, and purpose, except in emergencies like fire or flooding. Entry should occur during business hours unless under specific exceptions. Notice delivery can be in person, near the entrance, or via mail six days prior.
Collection of Rent Payments
Landlords maintain the right to collect rent, providing a consistent income from their properties. This includes late fees, which must be reasonable and outlined in the lease agreement.
Prompt Repairs
Property owners must complete necessary repairs within 30 days or immediately for urgent health or safety issues, like broken heaters or plumbing. Tenants may use remedies like "repair and deduct" or rent withholding for unaddressed urgent repairs but must follow legal protocols. Landlords are presumed retaliatory if evicting after repair complaints, underscoring their duty to maintain habitable conditions as per state and local codes.
Eviction Process
Landlords can initiate an eviction process for lease violations or breaches of landlord-tenant laws. New regulations, like Senate Bill 567, dictate more stringent guidelines for no-fault evictions, requiring landlords or their family members to occupy the property for a certain duration post-eviction.
Retaliation
Retaliatory actions by landlords are illegal in California. This means landlords cannot increase rent, decrease services, or attempt eviction in response to tenants exercising their legal rights, such as reporting housing code violations or participating in tenant organizations.
If such retaliation occurs within 180 days of a tenant's action, courts generally presume the landlord's actions are retaliatory. Affected tenants may be entitled to up to $2,000 in additional damages per act, with potential tripling if the tenant is known to be elderly or disabled.
Required Dislcosures
Lead-based paint: Disclosure is required for properties built before 1978, informing tenants of any known lead paint hazards.
Bed bugs: Landlords must give written information about bed bugs, adhering to specific language requirements.
Mold: Any known mold in the rental unit must be disclosed to tenants.
Common Utility Use and Payment: Tenants should understand how utilities are calculated and allocated.
Asbestos, meth, and fentanyl: Disclosures are required for buildings with known asbestos (pre-1979) or any property with known drug contamination.
Sex offender registry: Tenants have the right to access the registry, and landlords must inform them of this right.
Demolition, military ordinance, and death: Disclosures are needed for properties facing demolition, located near explosive ordinance, or with non-HIV/AIDS-related deaths within the past three years.
Pest control and flood zone: Tenants should be informed about pesticide use in their unit and if the property is in a known flood zone.
Smoking policy: Landlords should disclose any imposed smoking policies