When you own a rental property, it’s important to know the landlord-tenant laws of your state. This article is aimed to help property owners and renters in South Bay CA understand the landlord-tenant laws that govern them.
Required Landlord Disclosures
In California, landlords must disclose the following information to their tenants:
Nonrefundable Fees
In California, nonrefundable fees are illegal.
Tenant-Owner Rights: Security Deposits
As a California landlord, you can
charge a security deposit
equal to two months’ rent if the unit is unfurnished. You can charge a deposit worth up to three months of rent if the unit is furnished. If a tenant is an active-duty member, this amount is reduced. In this case, you can only charge one month’s worth of rent if the property is unfurnished. If it is furnished you can only charge two month’s worth of rent. If the tenant has a waterbed, you can charge an additional half-month’s worth of rent.
If there are no property damages or unpaid rent balance, you must return the full security deposit to the tenant within 21 days of their move-out. A tenant can request that you make a preliminary inspection of the property before their tenancy ends. This will allow them to fix any damage they caused so they may get their full security deposit back.
Rental Tenants - Rights of Domestic Violence Victims
If a tenant provides you with information or terminates their tenancy because of domestic violence, you are not permitted to disclose it to a third party. The disclosure can only happen if the tenant allows it. Further, their permission should be recorded in writing. Only a court order can permit your disclosure since this information is considered confidential. These are the rights of domestic violence victims in California.
Owner or Agent Identity
You must disclose to the tenant the following information:
Your name and address as the landlord or owner
The name and address of your property management company or any authorized people designated to receive notices on your behalf
What are Renters Rights?
These are the basic tenant’s rights in the state of California. They have the right to:
- Withhold payment of their rent if you fail to perform important repairs such as fixing a broken heater.
- Receive 48 hours notice prior to an initial property inspection. This initial inspection must take place within two weeks of the lease’s expiration.
- Be provided with an estimate for any repair costs and a copy of the sections of California’s laws regarding security deposits.
These are the basic tenant’s responsibilities in California. A tenant must:
- Maintain the premises, keep it sanitary, and dispose of their trash properly.
- Comply with the terms and conditions covered in the leasing agreement.
- Refrain from using or distributing illegal drugs on the property.
Landlord Rights and Responsibilities
The following are the basic landlord rights in the state of California:
- Deduct from a tenant’s security deposit for cleaning and repair costs.
- Enter the property when an emergency situation occurs.
- Evict a tenant due to lease violation, drug use on the property, and/or failure to pay the rent.
The following are the basic landlord responsibilities in the state of California. Landlords must:
- Follow the State rules regarding the limit to the amount of the security deposit and the time period to return it to the tenant.
- Maintain a habitable rental property for tenants to live in.
- Respect the tenant’s privacy by providing a 24-48 hour notice period before entering the property. 24 hours is required when conducting repairs or showing the property to potential renters. 48 hours is required upon move-out inspection.
California Home Rental Laws: Landlords and Tenants
1. California Tenant Rights: Entering Property Notices
You are required in California to give tenant’s a 24-hour written notice before entering the property. It must be delivered between 8 am and 5 pm on a weekday. You also need to give notice to the tenant when:
- Performing maintenance and repairs.
- Showing the unit to prospective tenants.
2. CA Property Management Requirements: Maintenance and Repairs
As a landlord, you must perform your duty to keep your rental properties livable. You are responsible for:
- Providing well-maintained exteriors such as roofs and walls and maintaining unbroken windows and doors.
- Keeping well-maintained floors, stairways, and railings.
- Providing a functioning working toilet and kitchen sink.
3. California’s Housing Discrimination Laws
In California, the Fair Housing Act is strictly observed. You are not permitted to ask questions to prospective tenants regarding their religion, race, color, national origin, disability, familial status, and/or sex. You must also adhere to the Unruh Civil Rights Act and the California Fair Employment and Housing Act. This prevents you from raising further questions regarding sexual orientation, gender expression, marital status, ancestry and/or age.
4. Landlord-Tenant Rights: Security Deposits
As a California landlord, you can ask for a
security deposit
from your tenant to:
- Conduct repair for damages caused by the tenant apart from normal wear and tear.
- Cover the cost of unpaid rent.
5. Required Landlord Disclosures
The disclosures are as follows:
- You must disclose if there are known existing molds in the property exceeding safety limits or posing health concern issues.
- As a landlord, you must disclose if there’s any existing pest control contract and if the property is presently being treated for pests.
6. California Rental Tenant Rights: Withholding Rent
Here are cases when a California tenant can withhold their rent:
- When there’s a broken heater in winter and you are not attending to repairs.
- When you have not fixed any property damage beyond 30 days.
7. Renter and Landlord Disputes - Small Claims Lawsuits
In California Small Claims Court, tenants can sue you up to $10,000.
Conclusion
As a California landlord, you need to learn how to properly handle security deposits, what type of disclosures to make, and your overall responsibilities. Doing so will protect you from potential lawsuits.
If you have specific questions, hire the services of a qualified California attorney. Alternatively, you can seek help from a knowledgeable property management company like
Penmar Management.
Please note that this post 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 regarding any questions you have about this content or any other aspect of your property management needs.
