The relationship between a landlord and a tenant is a simple one. The landlord ensures safe and habitable conditions, and the tenant pays the rent. That’s in a perfect world. Since we live in a not-so-perfect world, it can also be complicated.
Problems arise and it’s not a matter of if. It’s a matter of when. These problems are resolved in most cases. The tenant reports the problem, and the landlord fixes it. However, there are cases wherein either the tenant or the landlord has a problem with the actions of the other.
This is why you should be familiar with the law, whether you’re one party or the other. You have to know your rights and the landlord’s responsibilities in California. This way, you know if you’re in the right or the wrong. You’ll know what your rights and responsibilities are.
Different states have different laws. You’re reading this article because you want to know the landlord-tenant law in California. This article will help provide you with everything there is to know. This is very important to comply with the laws from the screening to when you move out. The information in this article will also help you if you feel that you’re an aggrieved party.
Tenant Rights
Here are additional California tenant rights:
- There has to be a smoke alarm in every bedroom.
- The cost of repairs cannot exceed the value of a month’s rent.
- The locks can be changed if you’re a victim of domestic violence and if there’s a court order.
- It’s your right to pay for the repair and deduct the cost in the succeeding months’ rent only if there’s valid proof that prolonging the repairs will affect your safety and/or health. You should also give the property manager enough time to conduct the repairs. You can also do so 2 times at most within a period of 12 months.
- It’s your right to stay in the unit that you’re renting until the end of the fixed term lease.
- If the property manager is requesting that you move out even before the lease is up, you can ask for a relocation allowance.
- You can also sublet the unit. There has to be a separate agreement. More importantly, the original tenant remains responsible for paying the rent. If the roommate cannot pay his part of the rent, the original person has to cover for it.
Landlord Responsibilities
As a general rule, their main responsibility is to ensure a habitable property. This means that it has to be habitable the moment someone moves in and remains throughout their stay. While habitability will be compromised at some point, it’s the landlord’s responsibility to fix the problem.
Here are other more specific California landlord responsibilities:
- Prepare a legal and ethical rent or lease agreement.
This will be the key to a harmonious relationship even when problems arise. This will indicate the California tenant rights and the landlord’s responsibilities. It will provide the rules and guidelines that both parties should follow. It’s meant to complement the local, state, and federal laws.
You should read and understand the proposed agreement. Some property managers have inserted illegal clauses in the fine print. These clauses aim to free them from their responsibilities, putting the entire burden on the renter.
- Don’t discriminate.
It’s a landlord’s right to reject an applicant because of bad credit. It can also be a historically poor performance as a renter or an overall risky applicant. They can’t reject you because of a reason that can be deemed discriminatory, like religion or race. It’s illegal to discriminate against someone because of his sexual orientation or personal traits.
- Provide disclosures as required.
Is there lead paint? Will you pay for the utilities of other people? If something will affect the renter, it’s the landlord’s responsibility to disclose it. Property managers can order bulk lead paint testing kits to protect themselves and the person living in the house.
- Respect the privacy of the people living at the place.
Just because you own the property doesn’t mean that you can enter it anytime you want to. You can’t just barge in even if you have a key. There should be at least a 24-hour notice before you enter the property.
- Follow the laws.
The California Landlord-Tenant Act explained above makes the laws clear. Landlords are expected to follow them, just like the renters. Or else, you can take further action. If they do, it’s your responsibility to respect their right to do so. This means that you can’t retaliate in any way.
Pest Control
As mentioned, it’s their responsibility to ensure habitability. The presence of pests compromises this habitability. As such, it’s their responsibility to take care of pest control quickly and efficiently. They have 30 days at most to fix the problem unless it’s deemed unsafe and unhealthy already. In that case, it has to be done ASAP. As a property manager, don’t forget to notify the renter at least 24 hours in advance of your intention to enter the unit to do pest control.
What if the landlord fails to fix the issue promptly? You can withhold rent in this case. The local government can also prosecute the landlord further, powered by the California State Housing Law.
However, there is the issue of who caused the infestation. If it can be proven that it’s the failure to maintain a clean unit that led to the infestation, it’s then their responsibility to take care of the pest control. It could be mice.
| State | More or less landlord-friendly |
| Alabama | More |
| California | Less |
| Colorado | More |
| Georgia | More |
| Illinois | More |
| Illinois | Less |
| Indiana | More |
| New York | Less |
| Oregon | Less |
| Washington, DC | Less |
Relevant Statutes
You can search for the following statutes:
- Cal. Civ. Code §§ 1925 to 1954.05
- Cal. Civ. Code §§ 1954.50 to 1954.605
- Cal. Civ. Code §§ 1961 to 1995.340
The legal research site of the Library of Congress is a good resource to search for these statues and more. You can also search by using keywords that apply to your case.
