California Landlord-Tenant Law: 2024 Overview of Rights

California landlord-tenant law establishes guidelines that govern the rights and responsibilities of landlords and tenants. It’s a legal framework designed to protect both parties. These laws shield tenants from unfair actions or treatment by landlords while safeguarding a landlord’s investment, business, and property.

In this guide, we’ll review the rights and responsibilities of landlords and tenants when renting property and closely examine how California tenant rights can impact what a landlord is and isn’t allowed to do according to the law. We’ll also investigate how Fair Housing laws could affect tenant screening. Then, we’ll dive deep into lease agreements.

Whether you’re a landlord or a tenant, this guide is for you.

Key Findings: Landlord-Tenant Rights & Responsibilities

In California, landlords and tenants enjoy certain rights but are also responsible for behavior and actions during the lease term. California’s tenant rights might be more comprehensive than in some states, but these laws also protect landlords in a number of significant ways.

Let’s take a closer look at the rights and responsibilities of both landlords and tenants in California.

California landlords have the right to:

• Collect rent. The lease agreement should list the amount, due date, and accepted payment methods for rent payments.
• Collect a security deposit. As of July 1, 2024, Landlords have the right to collect up to one month’s rent for furnished and unfurnished units. An exception is for small landlords who are natural persons (not corporations) and own no more than two dwellings or four units max. They can charge up to two months’ rent.
• Enter the rental property. By providing 24-hour notice, landlords may enter the property for regular maintenance and inspections.
• Evict for lease violations. Landlords may legally seek eviction if a tenant doesn’t pay rent or violates the lease terms.
• Terminate the lease for valid reasons. Valid reasons could include breaking the lease terms or conducting illegal activities on the property.

California landlords are responsible for:

• Maintaining habitable conditions. Landlords must provide working plumbing, safe fixtures and wiring, heating, and water.
• Complying with health and safety codes. Landlords must keep the property free of hazardous materials and address safety hazards promptly.
• Holding each tenant to the same standards during the application process. The Federal Fair Housing Act requires landlords to treat all prospective tenants equally.
• Responding promptly to maintenance requests. Landlords should make reasonable efforts to manage maintenance requests as quickly as possible.
• Following the legal eviction process. Landlords should never evict tenants on their own and should always follow the legal process.

California tenants have the right to:

• Fair housing and protection from unlawful discrimination. Landlords should treat all tenants equally during the rental term and application process.
• Protection from retaliatory eviction. Landlords must show proper cause and go through the legal process to evict a tenant.
• Withhold rent in certain circumstances. If the landlord doesn’t maintain habitability standards, tenants may be able to withhold rent payments.
• Sue the landlord for violations of the law or rental agreement. Tenants have a legal right to hold landlords liable when they violate the terms of a lease.
• “Quiet enjoyment” of the rental property. Landlords cannot enter a tenant’s unit without proper cause.

California tenants are responsible for:

• Paying rent for the duration of the lease agreement. Tenants must pay rent on time and according to the method(s) outlined in the lease.
• Keeping the rental unit clean and sanitary during the tenancy. Excess trash or damage could violate the rental terms.
• Making minor repairs when necessary. The tenant should manage normal wear and tear, but the landlord should handle more significant maintenance issues unless otherwise stated in the lease.
• Using the rental unit only for its intended purpose. Rental units typically cannot be used for commercial activity or in other ways not outlined by the rental agreement.
• Providing proper notice before moving out. Depending on the length of the lease or its language, adequate notice should be delivered to the landlord in writing when the tenant chooses to move out.

Best Practices for Screening Prospective Tenants

It’s common practice for landlords to screen tenants before renting property. California landlords are allowed to charge a rental application fee for this process. Landlords can charge up to $63.70 for the rental application, a figure tied to the Consumer Price Index (CPI).

During the application process, landlords may conduct a criminal background check and review the potential renter’s credit history. These checks are legal in California; however, there are certain restrictions around both of these checks. For instance, landlords must obtain written consent from the tenant that they agree to the background screening. If the tenant requests it, the landlord must provide a copy of the screening report to the tenant after completion.

TurboTenant offers comprehensive tenant screening options for busy landlords who want to save time and money during the entire process.

Compliance with Fair Housing Laws in California

The Federal Fair Housing Act was established to ensure equal access to housing for all applicants and forbids landlords from discriminating based on gender, race, sexuality, or income level. These laws ensure that no one group of people receives preferential treatment.

What actions are considered housing discrimination?

Housing discrimination can take many forms, and Fair Housing laws seek to define and end those practices. Actions that could be considered housing discrimination include:

• Refusing to rent based on race, sex, national origin, or familial status
• Offering different lease terms, like rent price or amount of security deposit required
• “Steering” renters to different properties or neighborhoods based on protected status

Additionally, discriminatory advertising is illegal, as the Fair Housing Act outlines. An example includes advertising a property that intentionally lists the race or gender a landlord is only willing to rent. Even advertising that suggests “no children allowed” is considered discriminatory.

Landlords who post discriminatory listings could face government fines and penalties or civil lawsuits from prospective renters.

How can discrimination be avoided in rental practices?

To avoid legal or civil penalties, landlords should take extra caution and avoid discriminatory rental practices. Landlords should:

• Use objective screening criteria. Establish clear and uniform standards for accepting tenants so no group is favored.
• Obtain written consent for tenant screenings. Ensure tenants understand what you’ll be reviewing and how you’ll use it when considering the tenant.
• Avoid asking questions about protected characteristics. Landlords shouldn’t probe into the specifics of a tenant’s race, sex, or sexuality.

It’s important that the property owner follow these guidelines and that all employees, including leasing agents and maintenance staff, adhere to fair housing laws.

What are the repercussions for fair housing violations?

Violating fair housing requirements can lead to severe consequences for landlords and property owners. Repercussions could include civil lawsuits brought by tenants whose personal rights have been violated, legal complaints filed with the federal government, and court orders or injunctions threatening the landlord’s ability to rent the property.

If a tenant accuses you of a fair housing violation, you should carefully review the complaint, speak to an attorney, and determine a clear course of action to resolve the dispute. Moving forward, thoroughly reviewing the laws eliminates the potential for future violations.

California Lease Agreements

In California, lease agreements are almost always required to establish a formal relationship between a landlord and tenant. Verbal agreements for month-to-month rentals under one year are legal; however, a written contract is recommended to ensure everything is clear during the rental period.

Legally binding lease agreements for landlords and tenants protect all parties, clearly outlining the expectations, rights, and responsibilities of everyone involved and detailing important information related to the rental unit. For California tenant rights, 2024 hasn’t seen much change from previous years, except for lowering the security deposit requirement.

Leases protect a tenant’s ability to enjoy the rental property without landlord harassment. For property owners, lease agreements ensure tenants understand what is and isn’t allowed on the property.

There are a few different types of rental agreements, and California landlord-tenant law allows landlords to craft leases in ways that make the most sense for their business, but only up to a point. The two most common types of leases are:

• Month-to-month. A month-to-month lease is a flexible option since it can be terminated by either the tenant or the landlord as long as proper notice is given according to local laws.
• Fixed-term. A fixed-term lease sets a specific rental period, often one year, and establishes a fixed price on the rent amount and due dates for the length of the lease. Many fixed-term leases automatically convert to a month-to-month lease at the end of the term but can be ended by either party once the term expires.

Which lease terms are legally required in California?

California landlord-tenant law 2024 requires specific language and lease terms in all rental agreements. These requirements ensure transparency at every step of the process and protect all parties in the contract.

Examples of required lease terms are:

• Names of the parties
• Description of the property, including the address and unit number
• Rent amount and due dates
• Security deposit information, including the amount and any conditions by which the landlord can withhold deposit funds
• Term of the lease
• Maintenance and repair responsibilities

What constitutes legal renting in California?

California landlord-tenant law requires that rental units be safe, habitable, and compliant with state and local regulations. All buildings rented to tenants must adhere to building code standards, including structural safety, habitability, and the absence of pest infestations. Additionally, to be considered a legal rental, the lease agreement must comply with all applicable laws, or the state or local government could terminate the rental.

All rentals in California must adhere to required health and safety ordinances. These include:

• Fire and smoke safety. Landlords must equip each unit with working smoke and carbon monoxide detectors.
• Earthquake safety. Due to California’s seismic activity, buildings must meet specific code requirements depending on when they were built.
• Sanitary living conditions. Landlords must ensure that rental units are clean and have fully functioning plumbing systems.

What tenant documentation is required?

To rent property, tenants must provide certain documentation to prove they are viable renters. These could include:

• Valid ID
• Proof of Income
• Rental History
• Bank Statements
• Credit Report (often included in the tenant screening process)

Both landlords and tenants must maintain detailed records at every stage of the process. Keeping track of the rental agreement, payment records and receipts, and communication between parties can help minimize miscommunications and avoid potential conflict.

What are the mandatory landlord disclosures in California?

California landlords must disclose information about the rental property to tenants at the time of lease signing. State law requires these disclosures, and landlords who don’t provide them could be subject to legal penalties, civil action, or the termination of the lease.

In California, landlords must disclose:

• Any knowledge about lead-based paint in units built before 1978
• Any documentation or knowledge about the presence of mold on the property
• How shared utilities are split up between units
• Any knowledge of meth or fentanyl on the property
• Information and knowledge about bed bugs
• Any knowledge of asbestos contamination on the property
• A tenant’s right to access information related to the sex offender registry
• Knowledge about any known military ordnance within 1 mile of the property
• Non-HIV or AIDS-related deaths on the property within the last three years
• If pest control or pesticides are used on the property
• If the property is in a known flood zone
• Information regarding the smoking policy on the premises
• Rent control disclosure and whether the property falls under rent control laws.

Security Deposits in California

Security deposits are essential for landlords to protect their investments and property. By holding a security deposit, landlords maintain a financial safety net in case the tenant causes significant damage to the property or leaves the lease agreement without cause before the end of the rental term.

What are the guidelines for security deposit collection?

As of July 1, 2024, California set a ceiling of one month’s rent for security deposits. There are some exceptions for smaller landlords, so check your local regulations. While landlords are not required to provide a move-in or move-out checklist, state law requires them to grant a move-out walkthrough inspection if the tenant requests it.

These move-out walkthroughs are designed to ensure landlords and tenants align on repairs needed beyond normal wear and tear. They could also indicate how much the landlord intends to claim from the security deposit to make those repairs.

Finally, California landlords are not required to pay interest on security deposits at the state level, and there is no state guidance on where landlords should keep the deposit.

When can deductions be made from security deposits?

Landlords can legally deduct funds from the security deposit in specific situations. These include:

• Unpaid rent
• Damage beyond normal wear and tear
• Excessive cleaning costs
• Unapproved alterations to the property
• Loss of rental income due to tenant-caused damage

If the landlord intends to claim funds from the security deposit, state law requires them to provide an itemized list of deductions and give that to the tenant.

How should security deposits be returned?

Once a tenant’s lease ends and they move out of the unit, landlords should thoroughly inspect the property, assessing any damage beyond ordinary wear and tear. Repair and cleaning costs beyond normal wear and tear can be reasonably deducted from the security deposit, with the remainder returned to the tenant within 21 days of move-out.

A written itemized list of the repair costs should be included, along with the return of the remainder of the funds.

Maintenance Responsibilities of Landlords

California landlord-tenant law requires landlords to maintain the property, provide habitable living conditions, and adhere to basic health and safety standards. This means landlords must ensure that plumbing, heating, and electrical systems are in good working condition at all times and must make reasonable and quick efforts to repair any issues that prevent a habitable living environment.

What is the proper protocol for repairs?

California tenant rights allow tenants to request repairs if the rental becomes uninhabitable or poses a health or safety risk. Tenants must make the maintenance request in writing or verbally, though written notices are recommended. Landlords then have 30 days to make the requested repair, but less time is allowed for emergencies.

If the landlord doesn’t repair it, tenants may do it themselves and deduct the costs. The cost cannot exceed one month’s rent and cannot be done twice in any 12-month period. Tenants may also abandon the unit and terminate the lease if the warrant of habitability has been violated and the landlord has not cured the situation.

Do landlords need to give tenants advance notice before accessing a rental property?

California landlord-tenant law states that landlords must provide at least 24 hours’ notice before entering a tenant’s unit for non-emergency repairs, inspections, or property showings. Verbal notice is allowed, though written notice is always a good idea. Landlords can enter the unit without giving notice in emergencies.

Landlords who repeatedly enter a unit without notice could be subject to claims of landlord harassment. Landlord harassment infringes on a tenant’s right to privacy and quiet enjoyment of the rental and could result in legal or civil penalties and possible lease termination.

Late Rent Fee Regulations

California does not stipulate an automatic grace period for renters who pay rent late. Unless the lease agreement contains language establishing a grace period, landlords can initiate late fees the day after rent is due.

Late fees are allowed in California but must be “reasonable,” which new California landlord-tenant law outlines as 5-10% of the monthly rent. These fees must represent the actual damages the landlord suffered. The lease agreement must outline late fees to be considered legally viable.

Rent Control in California

Rent control limits how much a landlord can raise the rent on tenants when they renew the lease at the expiration of the rental term. California recently enacted state-wide rent control policies to help curb rapidly rising housing costs.

The Tenant Protection Act of 2019 (AB 1482) stipulates that landlords can only increase the rent by up to 5% of the local inflation rate or 10% of the current rent, whichever is lower, over a 12-month period. This rule only applies to properties older than 15 years and does not apply to new builds.

Landlords must give tenants at least 30 days’ notice if the increase will be 10% or less and 90 days’ notice if the increase will be greater than 10%. Increases can only occur once a fixed-term lease ends or during a month-to-month tenancy.

Lease Renewal and Termination

For month-to-month leases, tenants and landlords can terminate the rental agreement with 30 days’ notice for tenancies that have lasted less than a year and 60 days’ notice for tenancies that have lasted over a year. There is no state requirement on how much notice landlords must give tenants if they choose not to renew a fixed-term lease at the end of the term; however, that language is often in the lease agreement and is typically between 30 and 90 days.

Tenants are legally allowed to end a lease early and without penalty in a few situations:

• Entering into active military duty
• Landlord harassment
• Domestic abuse
• Uninhabitable conditions

Landlords also sometimes can terminate a lease early. These qualifying reasons include:

• Lease violations
• The owner moving into the unit
• Necessary, substantial renovations

Eviction Procedures for California Landlords

The eviction process varies from state to state, so landlords must understand how evictions work, specifically in California.

What justifications exist for eviction?

Landlords must have a legally valid reason to evict tenants through either just cause (fault) or no-fault eviction laws.

Legal grounds for eviction include:

1. Non-payment of rent
2. Lease violations
3. Illegal activity
4. Tenant-caused disturbances
5. Landlord shows just cause

No-fault evictions could arise unrelated to tenant behavior. In these cases, landlords could be responsible for relocation assistance paid to the tenant.

Since California’s eviction process is highly regulated, landlords must establish proper cause and document every step thoroughly to keep the procedure moving smoothly.

What is the eviction process?

The eviction process in California is as follows:

• Landlord provides notice:
  • 3-day notice to pay or quit for late rent
  • 3-day notice to cure or quit for normal lease violations
• Landlord files unlawful detainer lawsuit and serves notice to tenant
  • The tenant has 5 or 15 days to respond
• Eviction trial or hearing
• Eviction judgment
• If necessary, removal of the tenant by the Sheriff’s Department

How is property reclaimed after eviction?

Once the judgment for eviction has been reached, the sheriff will serve the tenant with a 5-day notice to vacate. If the tenant does not leave after the 5 days is up, the sheriff will physically remove the tenant and change the locks on the property.

Any personal property left behind by the evicted tenant must be stored in a safe location. The landlord must notify the tenant that they must recover their belongings within 15 days of mailed notice or 18 days if told in person. If the tenant does not recover the property after that window, the landlord can dispose of it.

For items valued below $700, the landlord can sell or dispose of them however they see fit. However, for items valued over $700, the landlord must auction them off and donate the proceeds to the county.

(One note about California tenant rights: tenants without a lease don’t mean they aren’t protected. We recommend written leases, but the law still protects tenants without a lease agreement.)

Local Ordinances for Landlords and Tenants

California landlord-tenant law is constantly evolving, with significant new legislation passed in 2019. But beyond state guidelines, local jurisdictions — either county or city — could have additional laws to consider, so landlords should always consult online resources or their local officials when offering a rental property.

Beyond the state legislature’s online resources, Municode is a great place to find additional legal guidelines.

Federal Landlord-Tenant Laws

Apart from state laws governing landlord-tenant relationships, established federal guidelines also come into play.

Some of these federal laws include:

• Fair Housing Act: This law prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, or disability.
• Americans with Disabilities Act: This law ensures that people with disabilities have equal rights to housing and accessibility.
• Consumer Protection Laws: The CFPB (Consumer Financial Protection Bureau) provides guidelines for tenant screening, including credit checks and the rental application process.

Managing Tenant Legal Disputes as a California Landlord

Proper documentation and communication are key components of managing landlord-tenant relationships, and that’s especially true when legal disputes arise.

Landlords should document everything and keep detailed records of all communication, written notices, and any other relevant material. Wherever possible, keep all communication in writing, and always follow the lease agreement or the law at every stage of the dispute.

If necessary, landlords shouldn’t shy away from seeking professional legal assistance in disputes like this to ensure adherence to the law. California has a number of organizations that can help landlords and tenants in rental disputes. These include:

• The California Self-Help Center provides general legal information and easy-to-access resources for landlords and tenants.
• The California Department of Consumer Affairs (DCA) grants access to detailed guides on landlord-tenant law, including dispute options.
• The Los Angeles County Department of Consumer and Business Affairs provides up-to-date information about landlord-tenant law, mediation services, and legal assistance for landlords and tenants.

Tenants also have access to the California tenant rights hotline, which guides them to helpful resources in landlord-tenant disputes.

Navigate Your Landlord-Tenant Relationship with TurboTenant

California’s landlord-tenant law can feel like a lot. There is a multitude of rights and responsibilities to take in. Then, ensuring you’re maximizing your investment while not running afoul of California tenant rights can start to feel overbearing. But TurboTenant is here to help.

TurboTenant’s free property management software can help landlords streamline their workloads, track tenants and leases from start to finish, and simplify the rental process.

TurboTenant features:

• An online rent collection platform
• State-specific, legally reviewed lease agreement templates
• Comprehensive tenant screening and background checks
• Online maintenance tracking

When renting out property can feel overwhelming, TurboTenant is here to take the burden off your shoulders. Sign up for a free TurboTenant account today to see how we can help you take your property investments to the next level.

California Landlord-Tenant Law FAQs