What A Landlord Cannot Do: California Comprehensive Guide
Introduction
California’s landlord-tenant laws are designed to protect the rights of both property owners and renters. While landlords have certain rights and responsibilities, many actions are prohibited by law. This guide explores the limitations placed on landlords in California, providing valuable information for both property owners and tenants.
Understanding California Landlord-Tenant Laws
The Legal Framework
Various state laws, including the California Civil Code, the Health and Safety Code, and local ordinances govern California’s landlord-tenant relationships. These laws establish the rights and responsibilities of both parties, ensuring fair housing practices and protecting tenants from unfair treatment.
The California Tenant Protection Act
Enacted in 2019, the California Tenant Protection Act introduced statewide rent control and cause eviction requirements, further limiting what landlords can do in certain situations.
Prohibited Actions in the Rental Application Process
Discrimination in Tenant Selection
Landlords cannot discriminate against prospective tenants based on protected characteristics such as race, color, national origin, religion, sex, familial status, or disability. This prohibition extends to advertising rental properties and showing units to potential tenants.
Excessive Application Fees
California law limits the amount charged for rental application screening fees. As of 2024, the maximum fee is adjusted annually based on changes in the Consumer Price Index.
Tip: Always check the current year’s maximum allowable application fee before charging prospective tenants.
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Restrictions on Security Deposits
Charging Excessive Security Deposits
California law caps security deposits at two months’ rent for unfurnished units and three months’ rent for furnished units. Landlords cannot exceed these limits.
Nonrefundable Deposits
Landlords are prohibited from designating any portion of a security deposit as “nonrefundable.” All security deposits must be refundable, minus allowable deductions.
Failure to Return Security Deposits
Landlords must return security deposits and an itemized statement of any deductions within 21 days of the tenant’s moving out. Failure to do so can result in penalties.
Tip: Keep detailed records of the property’s condition at move-in and move-out to avoid disputes over security deposit deductions.
Limitations on Rent Collection and Increases
Illegal Rent Increases
Landlords cannot raise rent beyond the legally allowed percentage in areas subject to rent control. Even in non-rent-controlled areas, landlords must provide proper notice for rent increases.
Retaliatory Rent Increases
Landlords cannot increase rent in retaliation for tenants exercising their legal rights, such as requesting repairs or reporting code violations.
Excessive Late Fees
While late fees are allowed in California, they must be reasonable and specified in the lease agreement. Excessively high late fees may be considered unenforceable.
Tip: Clearly outline late fee policies in the lease agreement to avoid potential disputes.
Restrictions on Entry and Privacy
Entering Without Proper Notice
Landlords must provide at least 24 hours’ written notice before entering a rental unit, except in emergencies. They cannot enter without notice or consent outside of specific legally allowed circumstances.
Abuse of Entry Rights
While landlords can enter for specific reasons (e.g., repairs, showings), they cannot abuse this right by entering too frequently or for unauthorized reasons.
Tip: Always document the reason for entry and maintain a log of all visits to the rental unit.
Maintenance and Repairs
Neglecting Necessary Repairs
Landlords are required to maintain rental properties in habitable condition. Failure to make necessary repairs or address health and safety issues is illegal.
Retaliating Against Repair Requests
Landlords cannot retaliate against tenants who request repairs or exercise their right to “repair and deduct” following California law.
Charging for Normal Wear and Tear
Landlords cannot charge tenants for everyday wear and tear when they move out. Only damages beyond everyday use can be deducted from the security deposit.
Tip: Provide tenants with a checklist to document the unit’s condition at move-in and move-out to avoid disputes over damages.
Lease Termination and Eviction
Illegal Evictions
Landlords cannot evict tenants without following proper legal procedures, which include providing appropriate notice and obtaining a court order.
Terminating Leases Without Cause
In many California cities and under the statewide Tenant Protection Act, landlords must have a just cause for terminating a tenancy, such as non-payment of rent or lease violations.
Refusing to Renew Leases in Retaliation
Landlords cannot refuse to renew a lease in retaliation for a tenant exercising their legal rights.
Tip: Maintain detailed records of all tenant communications, especially regarding lease renewals or terminations.
Utility and Service Restrictions
Shutting Off Utilities
Landlords are prohibited from shutting off utilities to force a tenant to move out. This is considered an illegal “self-help” eviction method.
Removing Amenities
Landlords cannot remove amenities initially provided without proper compensation or agreement from the tenant.
Tip: Any changes to provided amenities should be communicated and agreed upon in writing.
Prohibited Lease Terms
Waiving Legal Rights
Landlords cannot include lease terms that waive a tenant’s legal rights or limit the landlord’s legal responsibilities.
Automatic Lease Renewal Clauses
While not entirely prohibited, automatic renewal clauses must meet specific requirements to be enforceable in California.
Tip: Have an attorney review your lease agreement to ensure all terms are legally compliant.
Disclosure Requirements
Failing to Disclose Known Hazards
Landlords must disclose known hazards, such as lead-based paint in older buildings or mold.
Withholding Information About Pest Control
Landlords are required to disclose information about any periodic pest control services provided.
Tip: Provide all required written disclosures and keep signed copies for your records.
Handling of Abandoned Property
Immediate Disposal of Left-Behind Items
Landlords must follow specific procedures for handling property left behind by tenants who have moved out, including providing notice and storing the items for a set period.
Tip: Familiarize yourself with the legal process for handling abandoned property to avoid potential lawsuits.
Conclusion
Understanding what landlords cannot do in California is crucial for property owners and tenants. By adhering to these legal restrictions, landlords can maintain positive relationships with tenants and avoid costly legal disputes. Armed with this knowledge, tenants can better assert their rights and ensure fair treatment in their rental agreements.
Remember that landlord-tenant laws can change, and local ordinances may impose additional restrictions. Always consult a legal professional for the most up-to-date and accurate information regarding your situation.
FAQs
Can a landlord enter a rental unit without notice in California?
No, landlords must provide at least 24 hours written notice before entering a rental unit except in emergencies.
Is there a limit on how much a landlord can raise rent in California?
Yes, in areas subject to rent control. Even in non-rent-controlled regions, they must provide proper notice for increases.
Can a landlord refuse to rent to someone based on their source of income?
No, source of income discrimination is illegal in California.
Are landlords required to provide air conditioning in California?
No, but if AC is provided, it must be maintained in working order.
Can a landlord charge a separate fee for pets in California?
Yes, but it should be clearly stated in the lease agreement.
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