California real estate law states that a lease agreement exists when an oral or written agreement is reached and the tenant begins to pay rent. At this point, both California landlords and California tenants obtain certain rights and responsibilities that do not change, no matter what is specified on any rental agreements.
California tenants, for example, have the right to live in conditions that meet habitability standards and to live in peace and quiet. Landlords, on the other hand, have the right to charge rent and to enter the rented unit.
It’s also important to note that such rights exist regardless of whether the lease or rental agreement states them or not.
As you can see, the rental law can be complicated. So, we at the Mike Dunfee Group have together with this basic overview of the California laws.
Required Landlord Disclosures in California
Landlords are bound by California law to reveal a variety of things about their rental property. Specifically, California landlords must declare anything that may impact the health of their California tenants.
The following are some important disclosures that as per the California laws, you must provide a prospective tenant. California landlords' responsibilities include abiding by these rules.
Lead-Based Paint Disclosure
All California landlords must disclose if their property contains lead-based paints. Rather than being specific to the California laws, this disclosure is something every landlord in the country must make. Additionally, you must make your tenant aware if your property was built before 1978.
All landlords in California must provide their tenants with general information regarding bedbugs. Including, what bedbugs look like and when they typically appear.
Disclosure of Registered Sex Offenders
California landlord-tenant law also requires all landlords to disclose information to potential tenants regarding Megan’s Law.
Enacted in 1996, California’s Megan’s Law mandates the California Department of Justice to notify the public about specified registered sex offenders through a database.
So, any tenant must be aware if Megan’s Law is in effect in your local area.
Mold can be a health hazard. As such, you must disclose any potentially hazardous conditions to prospective tenants.
California landlord-tenant law doesn’t require landlords to remove any mold in the unit, but your tenant may be able to exercise their right to withhold rent if the habitability conditions are breached.
If your property is in an area that floods regularly or could potentially flood, you must disclose this information in your lease agreement according to California rental laws.
In this disclosure, you must also advise your tenants to obtain either flood or renter’s insurance.
Disclosure of death in the rental unit.
Rent Cap and Just Cause disclosure (within the first three years).
Landlords who prohibit or limit smoking on any rental properties or their grounds must disclose this on the rental agreement.
A written notice on any contamination that has occurred in the rental unit due to the making of methamphetamines.
If utilities are shared between tenants, this must also be disclosed.
California Tenant Rights & Responsibilities
As per the California laws, tenants have the right to, among other things:
Live in a habitable property
May hold off on paying rent or “Repair & Deduct” when a landlord fails in their maintenance duties
Receive “reasonable notice” prior to landlord entry
A legal tenant eviction process
Live in privacy, peace, and quiet
Receive advance notice when changes to the rental agreement are made
California landlord-tenant laws also dictate that tenants have specific responsibilities such as:
Notifying the landlord before moving out
Keeping noise to a reasonable level
Informing the landlord when any maintenance issues come up
Notifying the landlord when they are away for a prolonged period during the lease term
Paying rent on time
Landlord Rights & Responsibilities in California
Similarly, the landlord-tenant law in California gives landlords rights, such as:
Proper notice from a tenant vacating the premises
The ability to enter rented premises to perform maintenance
Make changes to the agreement terms
Be notified when maintenance issues appear
Collect rent in full and by the deadline for all rental units
California landlord-tenant law also conveys certain responsibilities to a landlord, like the following:
Following the proper eviction process
Serving tenants with proper notice before making changes to the terms of the agreement
Giving tenants reasonable notice prior to entry
Making necessary repairs promptly
Right to not be discriminated against as per the Fair Housing Act
An Overview of the Landlord-Tenant Laws in California
California landlord-tenant laws dictate that “reasonable notice” is given before a landlord can enter their rental unit. The law presumes reasonable entry to be at least 24 hours.
Evictions in California
Landlords can evict tenants for a variety of reasons like the nonpayment of rent or lease violations. When doing so, the rental law insists you must follow the California eviction process to the letter.
A common example of this could be: if your California tenant has unpaid rent and you intend on evicting them. No matter if the unpaid rent is only one month's rent, this is a lease violation and you have grounds for immediate lease termination and eviction of the tenant. You must begin the process by serving the tenant with a 3-Day Notice to Pay or Quit.
After which, you must move to court and file for eviction. If they still fail to pay or move out after the 3 days, the court will then make the appropriate ruling.If a landlord fails to serve the tenant proper notice, the court will likely rule in the tenant's favor.
California landlord-tenant laws do cover the specifications of a security deposit. So, you must adhere to them when considering everything to do with security deposits, from their collection and storage to returning them.
California is subject to statewide rent control ordinances as outlined in AB 1483 of the Tenant Protection Act. Local laws limit rental rates based on inflation and established jurisdictions for rent control.
A tenant can withhold rent or pay rent late for certain legal reasons like a discrimination claim. Local rent control laws also protect tenants from sudden rent increases without proper notification.
California tenancy laws are designed to protect everyone. So, discrimination in California over-protected characteristics like race, color, sex, or disability is expressly forbidden.
Meaning, landlords cannot discriminate against specific protected characteristics when picking a tenant for their rental property.
Small Claims Courts
In California, you can only file a lawsuit amounting to not more than $10,000. The statute of limitations for both oral and written contracts in the state is 4- and 2 years, respectively.
Understanding landlord-tenant laws in California is imperative for any landlord or tenant looking to invest or live in California. Both landlords and tenants must understand and adhere to their specific roles and responsibilities within the lease agreement.
Understanding these landlord-tenant laws can be tricky, so we at the Mike Dunfee Group are available to you if you need help with your property management. So, contact us today!
Disclosure: This is not intended to be legal advice. Don’t use this blog as a substitute for professional legal advice. Laws change and we are not attorneys. Get in touch with us if you need real estate advice or help in the management of your property. Otherwise, please seek legal advice from a qualified attorney.