Key Takeaways
- Stay Compliant to Avoid Penalties: California’s landlord-tenant laws are strict—failure to comply can lead to hefty fines, legal issues, or even criminal charges in extreme cases.
- Know the Required Disclosures: Landlords must provide tenants with detailed information before move-in, including details on bed bugs, lead paint, mold, asbestos, and smoking policies.
- Hire Professional Help: Partnering with an experienced firm like Los Angeles Property Management Group ensures full compliance with California’s complex regulations and protects your investment.
As a savvy landlord, you know how important it is to keep yourself and your property legally compliant. This is because non-compliance with the California landlord-tenant law can lead to hefty fines, civil penalties, and even criminal charges levied against you in extreme cases. Not to mention the reputation damage that can cause you!
So, before renting out a house in California, make sure you have familiarized yourself with the state’s landlord-tenant law. Alternatively, just hire a competent property manager to help with legal compliance.
In this guide by Los Angeles Property Management Group, you’ll learn important basics of the state’s landlord-tenant law. From what rights and responsibilities each party to the lease has, to important regulations to know.
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California Rental Laws – An Overview of Landlord Tenant Rights
Required Disclosures for Landlords in California
Before a resident can move into a rental property in California, the landlord has to provide them with some mandatory disclosures.
In California, the disclosures include the following. Written information on how the resident must report bed bug infestations.
Concentrations of lead-based paint used on the unit if the building was built prior to 1978.
- Documentation of any known mold in the unit.
- How utility bills will be shared between the residents.
- Information about the use of asbestos in the building, if it was built before 1979.
- Any known meth and fentanyl contamination in the unit.
- The resident’s right to access the sex offender registry.
- If you have any plans to demolish the unit before the tenancy ends.
- Disclosure of any non-HIV/AIDS death that occurred on the unit within the last 3 years.
- If the unit is situated in a designated flood hazard area.
- Any smoking restrictions you may require residents to abide by.
California Tenant Rights & Responsibilities
In California, residents obtain the following rights under statewide landlord-tenant laws. A right to:
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- Occupy livable premises.
- Be treated fairly regardless of certain fair-housing protected classes.
- Break the lease agreement with a legally justified reason, such as if joining active military service, dosmestic violence, or an uninhabitable unit.
- A proper advance notice before the landlord can access the unit.
- Timely return of the security deposit, or whatever portion remains, after moving out.
- A proper advance notice before the rent can go up.
- Be provided with the aforementioned disclosures before moving into the property.
The following is the list of responsibilities that accompany these rights.
- Observe all terms of the lease, including paying rent on time, every month.
- Keep the dwelling clean and habitable.
- Keep the electrical, plumbing, and all other fixtures clean and sanitary.
- Use the property for its intended purposes, like dining, living, and sleeping.
- Make minor repair per the lease.
- Notify the landlord of any issue promptly.
- Not cause any negligent or deliberate damage to the premises.
- Not cause noise disturbance to other residents or neighbors.
California Landlord Rights & Responsibilities
In the same way, the state’s landlord-tenant law grants landlords certain rights and responsibilities.
The list of rights landlords have includes the following.
- Enter the rented premises to perform crucial duties like inspections and repairs.
- Draft a proper lease agreement and enforce its terms to residents.
- Evict a resident who doesn’t follow any term of the lease, such as not paying rent after it becomes due.
- Collect a security deposit and withhold any legitimate portion after the resident vacates the unit.
- End a periodic tenancy after serving the proper advance notice.
- Raise rent as long as it abides by the state’s Tenant Protection Act of 2019.
- Not to renew the lease for another term, and without having to justify the action.
- Reject any prospective residents who fail to meet the minimum screening criteria.
- Charge a reasonable fee after a resident pays rent late.
As for the list of responsibilities, it includes the following.
- Provide the resident with an advance notice before accessing their rented premises.
- Maintain the unit to the right livable conditions.
- Follow the correct eviction steps when evicting a resident from their rented premises.
- Abide by the state’s security deposit rules when collecting it from residents.
- Serve the resident the appropriate notice before terminating their periodic tenancies.
- Draft a proper lease that abides by the applicable federal, state, and local landlord-tenant laws.
The Most Common Landlord-Tenant Laws in California
Habitability Laws
When renting out a unit, you must ensure it meets all the applicable safety, health, and building codes. In California, these codes are contained under the state’s Health and Safety Code § 17920.3).
At a minimum, you must ensure the unit has:
- Running hot and cold water.
- Reliable plumbing
- Working electrical components.
- Working smoke and carbon monoxide detectors.
- Adequate garbage bins.
The unit must also be free from vermin and pests.
Tenant Evictions
These must strictly follow the state’s eviction rules. First and foremost, you must have a legally recognized reason. Then, you must follow the specific procedure based on the type of violation the resident has committed.
Examples of illegal evictions you shouldn’t participate in include: changing locks and shutting off utilities. Using such illegal eviction methods can get you into serious legal trouble. If you are unsure of the procedure to follow, consider hiring a property manager to guide you.
Security Deposits
Landlords can collect security deposits from residents. But if you do (and you should), you must follow the correct rules.
For example, you must ensure that the amount you collect does not exceed 1 months’ rent, unless you have one to two properties with less than four units. In this case, landlords can charge up to two months’ rent. You must also return it within the statutory period of 21 days after the resident moves out.
Rent Increases
California landlords must abide by certain regulations when raising rent. And these regulations can be under both the state and local jurisdictions. Always make sure to check your local ordinances, as some Los Angeles areas, like Santa Monica or West Hollywood, have stricter rules.
For example, you can only increase rent twice every year and it must be within your property’s rent cap. Also, there are caps on the rent raise you can make. The lower is 5 percent of the current rent, plus the local inflation rate, or 10 percent of the current rent.
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Conclusion
To successfully rent out your California rental investment, it’s essential that you know what you’ll be getting yourself into concerning landlord-tenant regulations. Luckily for you, now you have a comprehensive overview to help you in this regard.
Alternatively, should you find this daunting, consider hiring Los Angeles Property Management Group. We have been managing rental properties in Los Angeles and the San Fernando Valley for over 30 years now. We have what it takes to help you succeed; get in touch to learn more!
