California Tenant-Landlord Rental Laws & Rights for 2024

An Overview of California Tenant-landlord Laws

California has comprehensive laws governing the rights and responsibilities of tenants and landlords. These laws are primarily contained in the California Civil Code and provide protections for both parties in a rental agreement. 

Under California law, a tenant is defined as a person who rents or leases property from a landlord. A landlord is defined as the owner of property who rents or leases it to a tenant. The relationship between landlords and tenants in California is contractual; both parties agree to abide by the terms in the rental agreement or lease.

Key rights and protections for tenants under California law:

• Implied warranty of habitability Landlords must provide and maintain safe, livable, and sanitary housing conditions for tenants.
• Limits on security deposits Landlords cannot charge more than 2 or 3 times the monthly rent for a security deposit, depending on the property.  
• Just cause required for evictions Landlords cannot evict tenants without one of the legally approved reasons, such as failure to pay rent.
• Protection from retaliation Landlords cannot retaliate against tenants for exercising their legal rights, such as requesting repairs.
• Limits on rent increases Some cities have rent control laws limiting how much landlords can increase rents each year.

California also prohibits discrimination in housing against tenants based on race, religion, gender, family status, disability, and other protected classes. There are also laws requiring landlords to make reasonable accommodations for tenants with disabilities.

In general, California rental laws aim to create a fair balance between the rights of tenants and the rights of landlords. Understanding these laws is important for both parties when entering into a tenant-landlord relationship.

Security Deposit Law

Security deposits are fees paid by tenants at the start of a lease to cover any potential damages or unpaid rent. California security deposit law regulates how much landlords can charge for security deposits as well as when and how deposits must be returned to tenants.

Limits on Security Deposit Amounts

Starting July 1, 2024, California landlords cannot charge more than one months' rent for both unfurnished and furnished units as a security deposit under Assembly Bill 12 (AB 12). This replaces previous regulations that allowed landlords to collect security deposits up to two times the monthly rent for unfurnished units and three times the monthly rent for furnished units. However, smaller landlords who own no more than two residential rental properties, with no more than four units collectively, may still collect a security deposit up to two months' rent. But if the tenant is an active military service member, the maximum deposit remains at one month's rent.

Local rent control ordinances may further limit deposit amounts in some cities. Landlords also cannot charge "non-refundable fees" as a way to get around security deposit caps.

Allowable Uses of the Deposit 

A security deposit can only be used by the landlord for the following reasons:

• Unpaid rent 
• Repairing damages beyond normal wear and tear
• Cleaning the unit if necessary 
• Replacing any personal property or keys if not returned at move-out

The deposit cannot be used by the landlord for general cleaning or repairing expected wear and tear.

Returning the Deposit to the Tenant

Within 21 days after the tenant moves out, the landlord must either return the full security deposit or provide an itemized statement of any deductions along with the remaining deposit balance. Failure to do so means the landlord forfeits the right to keep any of the deposit.

If the tenant disagrees with the deductions, they can write a letter contesting them. If no agreement is reached, the tenant can file a lawsuit to recover the disputed amount. It is illegal for landlords to make unreasonable or bad faith deductions from the security deposit.

Rent Rules and Rent Control

California has laws governing how much landlords can increase rent each year, as well as limits on the types and amounts of fees that can be charged to tenants. These laws protect renters from excessive rent hikes and unfair fees.

Rent Increases 

Landlords in California must provide tenants with 30 days of advance written notice before increasing rent 5% or less of the lowest amount charged in the past 12 months. For increases of more than 5%, 60 days notice is required. 

Additionally, rent cannot be increased more than twice in a 12 month period. Local rent control ordinances may impose even stricter limits on rent increases in some cities.

Rent Control

California's statewide rent control law, established by the Tenant Protection Act of 2019 (AB 1482), caps annual rent increases at 5% plus the local rate of inflation, or 10% of the lowest rent charged in the past 12 months, whichever is lower. This law applies to most residential rental properties that are over 15 years old. However, certain cities in California, such as Los Angeles and San Francisco, have their own local rent control ordinances with stricter limits on rent increases.

Late Fees and Other Charges

California law prohibits landlords from charging late fees unless rent is more than 5 days late. The fee also cannot exceed 6% of the monthly rent. Landlords are permitted to charge tenants for bounced checks, but the fee is limited to $25 for the first occurrence, and $35 for subsequent occurrences. 

Tenants cannot be charged extra for guests staying 14 days or less. Pet fees, garage fees, and storage fees are allowed if agreed upon in the original lease. Landlords cannot charge arbitrary fees not included in the lease without consent from the tenant.

Notices and Communication

Notices of rent increases must be given to tenants in writing. California law specifies requirements for the notice's format, content, and method of delivery. Landlords must also provide proper notice before entering rental units or terminating tenancies.

By understanding rent rules and regulations in California, tenants can ensure they are not being overcharged and are given proper notice for increases and other changes.

Landlord's Right to Enter Rental Property

In California, landlords have the legal right to enter rental units but there are rules about when they can enter and how much notice they must provide tenants beforehand.

Under California law, a landlord can enter a rental unit only for the following reasons:  

• In an emergency such as a fire or broken pipe
• When the tenant has moved out or abandoned the property
• To make necessary or agreed-upon repairs, decorations, alterations, or improvements
• To supply necessary or agreed services 
• To conduct initial or follow-up inspections 
• To show the unit to prospective buyers, tenants, or contractors
• If a court order permits the landlord to enter

Except in cases of emergency, the landlord must give tenants "reasonable notice" before entering a rental unit. Reasonable notice is generally defined as 24 hours. The notice can be given verbally or in writing. 

If a landlord violates these access and notice rules, tenants have several options for recourse:

• Speak to the landlord and request proper notice in the future
• Send a formal letter asking the landlord to follow notice requirements  
• File a complaint with the local housing authority
• Change the locks and deny the landlord unlawful entry
• Sue the landlord for violating access laws 

Tenants cannot unreasonably withhold consent from the landlord to enter the unit under reasonable notice for lawful purposes like repairs or showings. Withholding consent could be grounds for eviction.

Tenant Rights and Protections

California law provides tenants with important rights and protections when renting a residential property. Some key tenant rights include:

Anti-Discrimination Protections 

Under the Fair Housing Act and California's Fair Employment and Housing Act (FEHA), landlords cannot discriminate against tenants based on protected characteristics such as race, religion, national origin, gender, family status, disability, and sexual orientation. Landlords must provide equal treatment and access to housing opportunities.  

Protection Against Retaliation

Landlords are prohibited from retaliating against tenants for exercising legal tenant rights, such as requesting repairs, joining a tenants union, or filing complaints. Retaliation can include eviction, rent increases, or other negative actions.

Right to Safe and Habitable Premises

California's implied warranty of habitability requires landlords to maintain rental units in a livable condition with proper repairs, heating, plumbing, electricity, and sanitation services. Tenants have remedies if landlords fail to provide habitable living conditions.

Right to Privacy and Quiet Enjoyment

Tenants have a right to reasonable privacy and freedom from undue disturbances. Landlords must provide proper notice before entering rental units, except in cases of emergency.

Options if Landlord Violates Rental Laws

If a landlord violates tenant rights and rental laws, tenants have options such as withholding rent after proper notice, filing lawsuits, calling regulatory agencies, or using tenant resources and advocacy groups. Tenants should document violations and seek legal aid if needed.

Terminating a Lease and Evictions

In California, landlords must follow specific rules and procedures when terminating a lease or evicting a tenant. These laws protect tenants from unfair or retaliatory evictions while also laying out valid reasons for a landlord to remove a tenant.

Laws on Lease Termination in California

If a tenant wishes to terminate their lease early in California, they are generally responsible for paying rent for the remainder of the lease term or until the unit is re-rented. There are some exceptions if the tenant has to move for health or safety reasons.

A landlord can terminate a month-to-month tenancy in California by giving the tenant proper written notice equal to the length of the rental period, so 30 days' notice for a month-to-month tenant. For fixed term leases, no notice is required at the end of the lease. However, if the landlord wants the tenant to move out after the initial lease ends, they must give proper notice before the term expires.

Legal Reasons Landlords Can Evict Tenants 

California eviction law allows landlords to evict tenants for a limited number of reasons, such as:

• Failure to pay rent
• Materially violating the lease 
• Damaging the property 
• Using the property for illegal purposes
• Refusing to renew a similar, fixed-term lease  

The landlord must properly serve the tenant with a written notice to "pay rent or quit" or "perform covenant or quit" before proceeding with a formal unlawful detainer eviction lawsuit.

Tenant Defenses Against Improper Evictions

If a landlord tries to evict a tenant illegally in retaliation or discrimination, the tenant can raise defenses such as:

• The landlord did not properly serve the required notices
• The eviction is based on illegal discrimination 
• The eviction is in retaliation for exercising tenant rights
• The tenant paid rent or remedied the issue stated in the notice

Tenants facing eviction should seek legal assistance to understand their rights and options. In some cases, tenants may be able to get the eviction lawsuit dismissed or delay the eviction by filing their own complaints if the landlord violated California laws.

Squatters Rights in California

Squatters' rights, also known as adverse possession, allow individuals to claim legal ownership of a property under specific conditions. In California, the law provides a legal framework for squatters to gain ownership if they meet all the necessary requirements.

Legal Requirements for Adverse Possession in California

To successfully claim adverse possession in California, a squatter must meet the following criteria:

• Continuous Possession: The squatter must occupy the property continuously for a statutory period of five years.
• Open and Notorious Possession: The occupation must be visible and obvious to anyone, including the rightful owner. The squatter's use of the property cannot be secretive.
• Hostile Possession: The occupation must be without the permission of the property owner. Hostile in this context means that the squatter is using the property as their own, contrary to the interests of the owner.
• Exclusive Possession: The squatter must possess the property exclusively, not sharing control with others, including the owner or the public.
• Actual Possession: The squatter must physically use the property, such as living on it, maintaining it, or making improvements.
• Payment of Property Taxes: The squatter must pay property taxes on the property for the entire five-year period.

Steps to Claim Adverse Possession

1. Document the Possession: Squatters should document their use of the property, including improvements made, property maintenance, and any other actions demonstrating ownership.
2. Pay Property Taxes: Paying property taxes for five continuous years is a critical requirement for claiming adverse possession in California.
3. File a Quiet Title Action: After meeting all the conditions for adverse possession, the squatter can file a lawsuit to obtain a court order, known as a "quiet title action," to officially gain legal ownership of the property.

Preventing Adverse Possession

Property owners can take several steps to prevent adverse possession claims, including:

• Regular Inspections: Periodically check on properties, especially if they are vacant or not in active use.
• Posting "No Trespassing" Signs: Clearly marking the property boundaries with "No Trespassing" signs can deter potential squatters.
• Prompt Legal Action: If a squatter is discovered, the owner should take immediate legal action to remove them from the property.

Resolving Tenant-landlord Disputes

If issues arise between a landlord and tenant, there are several options for trying to resolve the dispute before turning to the court system.

Try to Resolve Issues Directly

The first step should always be to communicate directly with your landlord or tenant. Put your concerns in writing via email or letter, keep copies for yourself, and give them reasonable time to respond. If it's a minor issue, your landlord may be happy to quickly address it once they are aware.

For more serious issues, suggest a face-to-face meeting to earnestly discuss concerns. Come prepared with relevant documents like your lease and photographs, and be willing to compromise. Keep the conversation civil and focus on problem solving.

Seek Mediation Assistance 

If direct talks with your landlord or tenant don't resolve the issue, consider third party mediation. Many California counties provide free or low-cost mediation services for tenant-landlord disputes.

Mediation involves sitting down together with an impartial mediator who can help facilitate a conversation and negotiate a compromise. Mediators are trained in conflict resolution and will focus on finding a win-win solution. Agreements reached in mediation can become legally binding contracts.

Look into Arbitration

For disputes that mediation cannot resolve, arbitration is another alternative to court that is generally faster and less expensive.

In arbitration, a neutral third party hears arguments from both sides and then issues a binding decision. California has specific tenant-landlord arbitration programs in some counties. Or your rental agreement may specify an arbitration process. Arbitration is typically more informal than court but the arbitrator's decision is legally binding.  

Take Your Case to Small Claims Court

If you've made a good faith effort to directly resolve things with your landlord or tenant and tried mediation without success, small claims court is an option in California for disputes under $10,000. You don't need a lawyer and can file a claim yourself for as little as $30. Just clearly explain your complaint and provide relevant evidence like your lease, letters/emails, receipts, and photos. Be prepared to explain your side on the court date. While rulings are technically binding, collecting money owed can be challenging if the other party refuses to pay.

Trying these options before going to court can often help resolve tenant-landlord issues faster, more affordably, and preserve the rental relationship. But for issues like illegal evictions or discrimination, legal assistance may be immediately necessary.