- The underlying function of California landlord and tenant law is to eliminate any confusion regarding permissible, required and prohibited conduct between property owners and managers and renters. Through a uniform set of laws, the California legislature hoped to reduce the number of serious legal conflicts between landlords and tenants in the state. In addition, this includes mechanisms to resolve disputes when they occur.
- California landlord and tenant law prohibits unlawful discrimination in the leasing process. A landlord cannot deny a prospective tenant based on considerations of race, religion, sex, nationality or disability. The law requires a landlord to provide reasonable accommodations to a disabled tenant consistent with the provisions of the American Disabilities Act.
Discrimination complaints are made to the California Department of Fair Employment and Housing at 800-233-3212. - California statutes specifically delineate the types of disclosures a property owner or manager must make to a prospective tenant. As is the case in all states, California requires disclosure of the existence of lead paint or asbestos. However, California goes further than most states in regard to disclosures. A California landlord must disclose any past methamphetamine contamination or any death in the unit during a three-year period before potential tenant's application.
- Specific regulations regarding security deposits are included in California landlord and tenant statutes. A security deposit of twice the monthly rent is allowed for an unfurnished apartment. A security deposit of three times the monthly rent is permissible for a furnished unit. The security deposit must be returned to the tenant within 21 days of the end of the lease. If the landlord elects to retain all or part of the security deposit, she must notify the tenant in writing and with a complete itemization within that same 21-day period.
- A tenant possesses the right to habitable premises. California law references a habitable premises as being appropriate for "occupation of humans." The statute goes on define that phrase to mean that the rental property must be in substantial compliance with local housing and building codes. Substantial compliance allows for only insignificant deviation from the requirements of these codes.
- If a landlord elects to evict a tenant for non-payment of rent or another significant violation of lease terms--an unauthorized pet on the premises, for example--she must serve a three-day notice. The three-day notice allows the tenant three days to pay the rent or correct the problem. In the alternative, the tenant can vacate the premises during that three day period. If the tenant fails to pay, correct or vacate, the landlord can file an eviction lawsuit against the tenant.
- Advertisement -
- Advertisement -