California Rental Laws – An Overview of Landlord Tenant Rights in Chico

By Pam Nguyen | July 18, 2022 |

In California, a rental or lease agreement can be established either orally or through a written document. Once this is done, California law gives both parties of the lease – the landlord and tenants – certain rights and obligations. Understanding the California landlord tenant laws is essential to a successful rental business and avoiding evictions.

The California landlord-tenant law is contained in CA Civil Code 1940-1954.05. In today’s blog, we’ll go over important landlord-tenant laws that landlords and property owners in California should be familiar with when renting out their property.

Required Landlord Disclosures

California landlords are often required to provide certain disclosures to their tenant prior to them moving in. The disclosures vary from state to state. The California rent laws are as follows.

Disclosure on lead-based paint. You must give a written notice to let your tenant know about any use of lead based paint on your unit. This is required of landlords renting out units built prior to 1978.
Disclosure on bed bugs. You must provide your tenant with written information regarding bed bugs.
Disclosure on the presence of mold. You must let your tenant know about any known presence of mold in your unit.
Disclosure on utility payments. You must let your tenant know how utility bills are applied and how they are going to be divided up.

Disclosure on the smoking policy. If you impose a smoking policy, you must let your tenant know before they move in.
Disclosure on flood zones. Is your property located in a designated flood zone? If it is, you must let your tenant know.
Disclosure on pest control. Landlords are required to notify their renters regarding the use of pesticides in their property according to the California Civil Code, Chapter 2, Section 1940.8 and 1940.8. 5.
Disclosure on military ordinance. If your property is located within one mile of known ordinance location with explosive risk, you must let residents know about it.
Disclosure on demolition permit. Do you plan on demolishing your rental property in the near future? If you do, you must let a tenant know, especially if it’s going to affect their tenancy.
Disclosure on use of asbestos. This disclosure is only applicable to units that were built prior to 1979.

Tenants’ Rights & Responsibilities in California

The law in California (CA Civil Code 1940-1954.05) gives tenants the following rights. A right to:

Live in a property that meets the applicable safety and health codes.
Live in peace and quiet.
Be notified prior to a landlord entering their unit.
Be evicted through the proper judicial eviction process devoid of discrimination or exaggerated claims.
Withhold rent if the landlord fails to provide a habitable rental unit.
Have their security deposit returned within 21 days after moving out.

Be notified of a rent increase within the proper time frame.
Be provided the aforementioned disclosures prior to moving into a rental.

When it comes to responsibilities for California tenants, some are as follows.

Pay rent in accordance with the lease or rental agreement.
Pay the cost of repairs for damage exceeding wear and tear.
Keep their rental unit clean and habitable.
Comply with the regulations of the agreement.
Notify the landlord of needed repairs and maintenance.
Abide by all terms of the lease agreement.
Notify the landlord when planning to be away for an extended period of time.
Notify the landlord when looking to move out of the rental unit.
Respect the peace and quiet of other renters or neighbors.
Use the unit for only the purpose that’s intended to serve.

Landlords’ Rights & Responsibilities in California

California landlords have the following rights under the residential landlord-tenant laws.

Collect a security deposit at the start of the tenancy.
Evict tenants for a rental violation.
Raise rent as long as you abide by the state’s rent control.
Enforce the rules of the lease agreements.
Charge a reasonable fee for unpaid rent or late rent payments.
Penalize a renter for causing damage exceeding normal wear and tear.
Require each tenant to undergo a screening test prior to renting the unit.

The list of responsibilities is as follows for California landlords.

Abide by all terms of the lease or rental agreement.
Abide by local rent control laws.
Evict a tenant through the proper eviction process.
Provide the tenant with a habitable home.
Treat each current and prospective tenant respectfully and fairly in accordance with the California Fair Housing laws.

Serve tenants an advance notice of at least 24 hours prior to entering their rented unit.
Provide tenants with the mandatory disclosures prior to allowing them to move in.
Return the tenant’s security deposit after the tenancy.
Maintain habitable rental properties.

Overview of the California Landlord Tenant Law

1. Landlord Entry

Landlords must provide your tenant with an advance notice of 24 hours prior to entering their rented premises. The only exception to this is in the event of an emergency that threatens your tenant’s health or safety.

2. Housing Discrimination

The Fair Housing Act prohibits landlords from discriminating against their prospective tenants on the basis of certain protected classes. The classes include race, color, religion, nationality, disability, veteran status, immigration status, citizenship status, and sexual orientation.

3. Rent Control

California has a rent control law in place when landlords are determining the month’s rent, which is contained in the Tenant Protection Act (AB 1483). It caps rental rates on the basis of inflation and has established rent control jurisdictions.

4. Early Lease Termination

Tenants in California can break their lease early for certain legal reasons. That is: landlord harassment, active military duty, uninhabitable unit, and if there is an early termination clause in the lease agreement.

In each of these instances, tenants must meet certain requirements in order to get off the lease without penalty.

5. Security Deposits

Landlords in California have a right to require a security deposit from their tenants. With that said, there are certain rules for security deposits that you must abide with in that regard. Including:

Landlords may not charge more than the equivalent of the rent of two months.
Landlords must return it within 21 days of them moving out.
Landlords must only allowable deductions to security deposits.

You can find more information regarding California security deposit laws under California Civil Code 1950.5.

Bottom Line

IPM Property Management can help with understanding and abiding by all aspects of the landlord-tenant laws and other local laws so you don’t have to worry about your rental units. We provide full service property management which includes rent collection, maintenance and tenant screening.

Disclaimer: This information isn’t a substitute for professional legal advice from a qualified attorney. Also, laws change and this information may not be updated at the time you read it. If you have any questions regarding any aspect of the California landlord-tenant laws, IPM Property Management can help. We’re a Chico property management company you can trust!

Posted in Uncategorized