California Rental Laws - An Overview of Landlord-Tenant Rights in Carlsbad

As a landlord in California, your relationship with residents must align with the dictates of the statewide landlord-tenant laws.

Whether it has to do with security deposits, lease termination, rent increments, entry, or anything in between. What you can and cannot do in such situations is explicitly stated, and nothing's up for debate.

Here is a comprehensive guide by Real Property Management on the basics of the California landlord-tenant law. Understanding your legal obligations can help you stay compliant, and minimize the risk of potentially costly disputes.

Required Landlord Disclosures in California

Federal and state laws usually require landlords to provide residents with some disclosures before executing the lease or rental agreement. In California, you must provide residents with the following information in the rental agreement:

• Concentrations of lead-based paint if the building was built before 1978.
• Written information on how the resident must report bed bug infestations.
• Documentation of any known mold conditions.
• Contamination of the unit by meth and fentanyl, and where remediation is yet to be finished.
• Formula for dividing utilities among residents.
• The resident’s right to access the sex offender registry.
• Whether there is a plan to demolish the unit before the lease expires.
• Disclosure of any non-HIV/AIDS-related death that has occurred in the unit within the last three years.
• Whether the unit is located within one mile of a known ordinance site.
• Whether the unit has had a pesticide treatment.
• If the unit is located in a known flood hazard area.
• The smoking rules that apply to the property.

These disclosure duties apply to residential rental properties. Before executing the lease, landlords should also comply with state and local requirements and local ordinances, which may create additional protections beyond statewide requirements.

California Tenant Rights and Responsibilities

Residents in California enjoy the following rights and responsibilities under the statewide landlord-tenant laws. A right to:

• Receive requested repairs within a reasonable time and live in habitable housing, including safe and working plumbing and heating, operable stoves and refrigerators, and a unit kept free from vermin and pests. California tenants may have tenant remedies, including withholding rent and, for serious habitability problems when legal conditions are met, the deduct remedy, when a landlord fails to address serious habitability issues.
• Go through a proper eviction process, whether due to nonpayment of rent, lease violations, or any other just cause.
• Exercise certain legal rights without being retaliated against.
• Get a refund of the security deposit within 21 days after moving out.
• Terminate the lease early per the terms of the lease.
• Receive proper written notice before a rent increase takes effect.
• Receive fair treatment per the federal, state, and local fair housing laws, and request reasonable accommodations for disabilities.
• At least 24 hours written notice before the landlord can access the unit for lawful purposes, and privacy and quiet enjoyment of their rented space.

These rights aren't without some responsibilities. Aside from the obligation to pay rent on time, residents must also do the following:

• Keep the unit clean and sanitary.
• Report repairs and maintenance issues on time.
• Keep all the fixtures clean and sanitary.
• Prevent negligent damage to the unit.
• Respect the peace and quiet of other residents by not making unreasonable disturbances.
• Comply with all other terms of the lease.

California Landlord Rights and Responsibilities

Just as residents have clear rights and duties, landlords also automatically have the same under California law. When it comes to rights, you acquire the following. A right to:

• Enter the unit for lawful purposes like repairs, inspections, and emergencies, with reasonable notice when required by law.
• Evict a resident who doesn't keep any of the terms of the lease, subject to California eviction rules.
• Terminate a periodic tenancy after serving the required notice.
• Raise rent per the Tenant Protection Act of 2019 – AB 1482 (when applicable).
• Charge tenants late fees only if the fee is stated in the rental agreement and is a reasonable estimate of costs the landlord incurs.

These landlord tenant rules also require compliance with local laws and rental regulations, and entry, habitability, and related duties are governed by the California Civil Code.

Renting out a property comes with certain responsibilities. The following are some of the things you must do:

• Provide the resident with a rent receipt upon request.
• Abide by the rent control law when raising rent (when applicable).
• Provide the resident with reasonable notice of at least 24 hours before entering their rented premises for inspections, repairs, or other lawful reasons.
• Abide by the federal, state, and local fair housing laws.
• Follow the proper judicial process when an eviction is necessary.
• Return the remaining portion of the security deposit within 21 days after the resident leaves. Any deductions for unpaid rent and damages must be explained in an itemized statement. Photos of the damage and post repairs must now be provided.

An Overview of the Landlord-Tenant Laws in California

Security Deposits in California

In California, there are strict rules on the collection, holding, and return of residents’ security deposits. For most rentals, landlords can charge a maximum of one month's rent as a security deposit.

The deposit may be used for unpaid rent, damage, and, if the rental agreement allows it, losses involving other personal property. It is not a substitute for tenants pay rent when due. Landlords must return any remaining balance with an itemized statement of deductions.

Tenant Evictions

For properties that are subject to the Tenant Protection Act (AB 1482), you must have a just cause to evict a resident from their rented premises, and no-fault evictions can also trigger relocation assistance requirements under these eviction protections.

Examples of just causes include nonpayment of rent or other lease violations, the need to move yourself or a family member in, landlord planning to occupy the unit when legally allowed, removing the property from the rental market, or listing the property for sale. Any eviction notice must state the reason for eviction.

State law prescribes the specific procedure you must follow for any of these reasons. For covered no-fault evictions, landlords must provide relocation assistance equal to one month's rent or waive the final month's rent.

Rent Increases

California is among the states with rent control laws. The Tenant Protection Act of 2019 – AB 1482 – regulates how and when a landlord can raise rent.

The following are some of those rules for non-exempt properties:

• A rent increase can only occur twice within 12 months.
• The cap on rent increases is 5% of the current rent plus the local inflation rate (CPI) never to exceed 10% of the current rent under the statewide rent cap.
• Covered tenants generally receive protections under this statewide rent framework after living in the unit for 12 months.
• For an increase under 10%, landlords must give 30 days' written notice.
• For an increase over 10%, landlords must give 90 days' written notice.
• Local rent control laws and local rules may impose stricter limits than the statewide rent cap, so not every city follows the same rules and some areas may set a lower rent cap than statewide rent standards.

Housing Discrimination

In California, rental housing providers, including property owners and property managers, must comply with fair housing laws. Under federal law, there are 7 protected classes: race, color, sex, disability, nationality, familial status, and religion.

State law also extends protections further under the Fair Employment and Housing Act (FEHA). It includes protections based on a resident's marital status, gender identity, primary language, and source of income.

Illegal discrimination against a prospective tenant or current resident is prohibited in screening, leasing, and eviction decisions. These rules apply broadly across rental housing, including affordable housing and each rental unit.

Bottom Line

Understanding your legal obligations is key to running a successful rental investment. Luckily for you, now you have a comprehensive overview of what the California landlord-tenant law entails.

If you have a question or need expert property management services, look no further than Real Property Management. You can count on us for unparalleled performance and professionalism when it comes to property management in Carlsbad, CA. Get in touch to learn more!

Because rental law can change, both landlords and California renters should also check California Department guidance and local ordinances for updates on landlord tenant issues.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.