Whether you are a landlord or a tenant, it is essential that you know your rights as well as your responsibilities as one in the state of California.
California Landlord-Tenant Law Information – Useful Points to Keep in Mind
While we cannot tackle the entire California landlord-tenant law here, we will attempt to give you its most important and most significant points so you are well-informed and educated of your rights, your privileges as well as your duties and accountability to the law.
First point is that for a landlord-tenant relationship to exist, a rental agreement must be present. Surprisingly, the law recognizes not just written rental or lease agreements but also oral ones. Keep in mind though, that rental agreements must be periodic (can be weekly or monthly, for instance) or for a fixed term (for fixed periods of time and usually within set dates).
The rental agreement must also contain important information such as the involved parties (the landlord and tenant/s), the address of the property, the description of the property to be rented, the rental period, the rental fee, the rental fee due dates and other charges, if any. The agreement must be signed (if written) and agreed upon by both parties for the document to take effect.
Another point that should be remembered is that under California law, each person must be viewed equal and are entitled to equal accommodations regardless of their race, gender, color, ancestry, religion or even disability.
A landlord has the right to refuse a tenant who has a pet, unless the pet is a trained dog intended to help the tenant with a specific disability. If the rented structure is built after the year 1972, ownership of water-filled furniture such as waterbeds can also be a valid cause of rental refusal or discontinuity.
Privacy is always a big issue, thus, under the California landlord-tenant law, a landlord can only enter the tenant’s declared premises for specific reasons and only after a 24-hour advance notice (must be done during business hours).
Some of the valid reasons recognized include attending to an emergency, to do necessary or agreed repairs, to show the property to prospective purchasers or tenants, when a tenant has abandoned the area, or as part of a court order.
Both tenants and landlords are concerned about the matter of security deposits. The good news is that the California landlord-tenant law imposes limitations on the matter. To be specific, a landlord can only collect a security deposit amount that is less than 2 months rent (for unfurnished apartments) and less than 3 months (for furnished flats).
A termination of tenancy can occur when there is a default on the term. For rentals on fixed terms, the tenancy ends at the specified end date of the agreement. The rental agreement can, of course, be renewed when rent is paid and when both parties agree.
Same goes for periodic rentals – a monthly rental agreement stops after the month ends but can also be renewed on the same terms upon both parties’ consent and once payment has been exchanged.
If there is no termination date specified on the lease document, then the landlord or tenant must give at least 30 day-notice for terminating the tenancy. However, if the area of concern is part of a rent control city, it is best to check local rental ordinances.
Another reason for termination is when there is a breach on the terms of the rental document agreed upon. One common example is failure to pay the agreed rental fee on time. In such a case, a 3-day notice must first be given to the tenant for him to settle the said unpaid amount.
Another example is when a tenant violates a no-pet clause. Before a landlord can evict, he must first give a 3-day notice for pet removal before he can further act on eviction or termination.
To know California landlord-tenant laws applicable to specific areas like those in rent stabilization and rent control cities, be sure to double-check your local ordinances specifically in areas like Beverly Hills, Santa Monica, West Hollywood, Campbell, Fremont, Los Angeles, and others.