What a Landlord Cannot Do in California
Table of Contents
- Ensuring Fair Housing: Upholding Anti-Discrimination Laws
- Charging Application Fees and Security Deposits
- Avoiding Illegal Background Checks
- Raising Rent Legally: How to Stay Within the Law
- Keeping Your Property Livable: Your Maintenance Obligations
- Tenant Privacy: When You Can and Cannot Enter the Property
- Evicting Tenants: Understand the Process
- Retaliatory Actions
- Handling Abandoned Belongings
- What You Need to Know About the Tenant’s Right to “Repair and Deduct”
- Providing Required Disclosures
Upholding Anti-Discrimination Laws
California landlords cannot discriminate against tenants and applicants based on various factors. Tenants are protected under anti-discrimination laws, which are set out in the federal Fair Housing Act of 1968 and California’s Fair Employment and Housing Act. These laws ensure everyone has a fair and equitable chance of securing housing.
Under these laws, landlords are prohibited from discriminating based on:
- Age
- Race
- Color
- Ancestry, national origin
- Religion
- Disability, mental or physical
- Sex, gender
- Sexual orientation
- Gender identity, gender expression
- Genetic information (such as likelihood of a gene mutation or chronic disorder)
- Marital status
- Familial status (families with kids under age 18)
- Source of income
- Immigration status
- Primary language
- Citizenship
- Military/Veteran status
Some cities have additional restrictions in the hope of creating fair housing practices. For example, landlords in Oakland cannot inquire about an applicant’s criminal history or use it as a tenancy criterion.
Landlords must adhere to these anti-discrimination laws—if they do not, they may face legal repercussions. By following these regulations, landlords help to create an inclusive rental market that builds a welcoming community for everyone.
Charging Application Fees and Security Deposits
Application fee regulations
Limits on security deposits
Landlords in California cannot charge any amount as a security deposit. As of July 1, 2024, landlords can only charge one month’s rent as a security deposit. If a landlord only owns 1-2 residential rental properties with a maximum of four total units, the limit is two times the monthly rent if the “landlord is a natural person.”
Refunding security deposits
In California, some laws govern the use and return of security deposits. These include:
- Landlords must return security deposits within 21 days after the tenants vacate.
- If they keep all or part of the security deposit, landlords must provide an itemized list of deductions with receipts within 21 days.
- Deductions can only be made for damages beyond everyday wear and tear.
- If repairs aren’t completed within 21 days, landlords can provide estimates and follow up with receipts within 14 days of the repair completion.
Avoiding Illegal Background Checks
California landlords are legally allowed to conduct credit and rental history checks when screening potential tenants. These checks help landlords verify a tenant’s financial stability and ensure they’ve had positive rental experiences.
In California, landlords and property managers can only order criminal record checks that look back at the last seven years (with some exceptions). This means landlords can only see convictions in the past seven years. Some cities have passed laws regarding criminal background checks, and Oakland and Berkeley have outlawed them when screening potential tenants.
All landlords need to understand state-wide and local laws that apply to ensure background checks are conducted in a non-discriminatory way.
Raising Rent Legally: How to Stay Within the Law
Landlords in California cannot raise rent by any amount whenever they choose. Instead, they are bound to California’s Tenant Protection Act (AB 1482), which regulates how much landlords can raise rent for their rental properties. This law protects tenants from unmanageable annual increases and helps ensure access to homes for more Californians.
AB 1482 states that annual rent increases cannot exceed 5% plus the current rate of inflation or 10% of the current rent—whichever is lower.
For example, if the inflation rate is 2.6%, your tenant’s maximum increase could be 2.6% (inflation rate) plus 5% (base rate) for a 7.6% rental increase. However, if the inflation rate is 7%, your tenant’s increase would be capped at 10% because the inflation rate plus the base rate would exceed the 10% cap (7% + 5% = 12%)
Landlords are also required to provide tenants with written notice 30 days before any rental increases come into effect.
As always, be sure to look into your local regulations as well. For example, Los Angeles and San Francisco have implemented rent control measures beyond those at the state level.
Keeping Your Property Livable: Your Maintenance Obligations
Landlords in California must keep their rental properties in good, livable condition. They must ensure their properties meet state and local codes and are a safe environment for their tenants. While some property maintenance responsibilities fall to the tenant, it is crucial for landlords to stay up-to-date on mandatory maintenance.
Mandatory repairs and staying up to code
There are five maintenance requirements that landlords must adhere to to provide their tenants with a safe place to live:
- Comply with all building, health, and safety codes at the state and local levels.
- Ensure heating, plumbing, and electrical systems are functioning properly.
- Ensure the property is free from pests and vermin.
- Maintain and repair any common areas.
- Repair any damages that risk a tenant’s safety.
Handling emergency repairs
Emergencies happen, and part of being a landlord is addressing all serious repairs promptly to ensure tenants have a safe place to live. In California, some laws grant tenants the following rights regarding emergency repairs:
- Tenants may withhold rent until essential repairs are completed.
- If legally required repairs are not completed, tenants may move out without notice.
- Tenants can perform the repairs and deduct the amount from their rent to cover costs. The total amount cannot exceed their monthly rent.
Tenant Privacy: When You Can and Cannot Enter the Property
Tenant privacy rights are essential to maintaining a healthy relationship between landlords and tenants. Landlords must adhere to California entry laws when accessing a rental property.
Landlords cannot enter a rental property without providing their tenants with a landlord entry notice before entering for non-emergency reasons. The notice should be provided in writing 24 hours before entering for necessary repairs and maintenance and 48 hours before showing the property to potential tenants.
There are some notable exceptions to this requirement—if a tenant has abandoned the property or there is an emergency, landlords can enter without prior notice.
Evicting Tenants: Understand the Process
California has an established eviction process that all landlords must follow to legally evict a tenant. The eviction process starts with a landlord issuing a notice to their tenants. Landlords must post this notice a minimum of three days prior to the date of eviction. During this period, tenants can fix lease violations or pay back rent to avoid eviction.
Landlords can only evict a tenant with a valid reason. Some reasons considered acceptable in California include both at-fault and non-evictions.
Legal Reasons to Evict a Tenant | |
---|---|
At Fault | No Fault |
|
|
Retaliatory Actions
Retaliation protection is an important element that ensures tenants can enforce their rights without fear of facing negative consequences. Landlords cannot engage in any retaliatory behavior towards a tenant who asserts their rights. Some examples of banned landlord behavior include:
- Unfair rent increases
- Retaliatory evictions
- Intimidation
- Harassment
- Unwarranted restriction of services or amenities
Handling Abandoned Belongings
It’s common for tenants to leave belongings behind after vacating a rental property. Landlords cannot simply take or dispose of these items—state law governs how abandoned property must be handled.
If a landlord finds a former tenant’s belongings in the property after vacating, they must provide written notice to the former tenant. The notice should include:
- A description of the property.
- Where the landlord is currently storing the property.
- The deadline for claiming the property (typically between 15 to 18 days).
- How they can collect the property.
- Any associated storage fees they will be responsible for.
Once the notice has been delivered, the landlord is responsible for storing the property for the period outlined. If the tenant doesn’t claim their property by the deadline, the landlord is permitted to dispose of it. This includes:
- Selling the property and applying the proceeds towards unpaid rent or storage fees.
- Donating the property.
- Throwing away the property.
What You Need to Know About the Tenant’s Right to “Repair and Deduct”
Landlords in California cannot require tenants to pay for repairs or maintenance they are responsible for. But this doesn’t mean tenants cannot conduct repairs—especially in emergency circumstances. In California, the right to repair and deduct allows tenants to make emergency repairs and deduct the cost from their rent.
Tenants can only exercise this remedy if the following conditions are met:
- It can only be used twice in 12 months.
- The repair issue is severe enough to affect the tenants’ health or safety.
- The repair cannot cost more than a month’s rent.
- The tenant or their guests/family/pets must not have caused the issue that requires repairs.
- The tenant must inform the landlord.
- The tenant must give the landlord reasonable time to make the repairs before they undertake them.
Providing Required Disclosures
California law requires landlords to provide certain disclosures to potential tenants to ensure that tenants can make informed decisions about their living conditions.
- Landlords are required to disclose utility information, outlining whether the utilities extend to the common areas and whether tenants are responsible for sharing the cost of utilities.
- Landlords are required to disclose concerns about the presence of toxic mold. Suppose landlords are aware of any hazardous mold. In that case, they must disclose this information to the tenant—it is also their responsibility to remove the mold from the property as soon as possible.
- Landlords must disclose information about any lead paint or other dangerous materials in the rental property. If these elements pose a health risk, landlords must share this information with potential tenants.
Hiring a Property Management Company
If you’re looking for a reliable property management company to help you rent your Orange County rental property and stay compliant with all the local, state, and federal laws and regulations, consider working with Good Life. We have over ten years of experience in the property management industry and have managed more than 1,000 properties.
We believe life should be enjoyed, not spent sweating the small stuff. That’s why we set out to make property management easy. We care about you, your property, and your tenant. And we do it all so you can Live the Good Life.
Schedule a call to speak with one of our Good Life experts.
California Landlord Regulation FAQs
What is considered harassment from a landlord in California?
Can a tenant refuse entry to a landlord in California?
Does a landlord have to pay for relocation in California?
Steve Welty
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