California Tenant Rights
California tenants have the right to live in a safe environment and may withhold rent, move out, or sue if the landlord fails to provide livable conditions.
Written by Mariza Morin
Reviewed by Melanie Reiff
California tenants have the right to live in a safe, habitable rental unit and may withhold rent, move out without notice, or even sue the landlord if they fail to maintain livable conditions or provide essential services, according to California landlord-tenant laws.
As a tenant-friendly state,
California
was one of the first states in the country to enact statewide rental control laws. But tenants' rights vary from state to state, so knowing your state’s landlord-tenant laws is crucial. Thankfully,
car insurance
comparison and broker app Jerry
has created a guide on California tenant rights to make things easier. We’ll take a closer look at tenants’ rights, rental agreement provisions, landlords' rights, and common eviction reasons in the Golden State.What are tenants’ rights and responsibilities in California?
California landlord-tenant law states that both tenants and landlords must comply with a set of rules before beginning a rental agreement to avoid any potential issues.
Rights
California tenants have the right to live in a habitable residence, meaning your rental unit must be safe to live in with usable heat, utilities, and water. Your landlord is required to make any necessary repairs to keep your home in reasonable condition.
- Be clean and sanitary
- Have effective weather protection for the roof and exterior walls
- Have intact windows and doors
- Have functioning plumbing, heating, and electrical systems
- Be secured by deadbolt locks on certain doors and windows
- Have well-maintained floors, railings, and stairways
- Have no lead paint hazards
- Include proper trash receptacles
If the landlord infringes on your right to a habitable rental unit, tenants may withhold rent, move out without notice, sue the landlord, or exercise their right to “repair and deduct” if the landlord does not make important repairs, like a leaky roof. This means you can pay for repairs yourself and deduct the cost from your monthly rent.
California tenants are also protected from discrimination. Under the Fair Housing Act, potential tenants cannot be discriminated against on the basis of race, color, sex, religion, national origin, family status, or disability on a federal level.
But the State of California extends additional protections to tenants on the basis of ancestry, citizenship status, mental disability, gender identity/expression, immigration status, marital status, military and veteran status, primary language, sexual orientation, and source of income.
California landlords can only charge two months' rent as a security deposit for unfurnished rentals and three months' rent for furnished rentals. According to California law, landlords have 21 days to return your security deposit after you move out.
Responsibilities
Landlords aren’t the only ones with responsibilities. Under
California Civil Code § 1941.2
, tenants have obligations as well. Some of the most common responsibilities in rental agreements include:- Paying rent on time
- Keeping your rental unit clean and sanitary
- Not disturbing other tenants or neighbors
- Making small repairs and maintenance as needed
- Not purposely damaging any part of the property
Statewide rental control
California was one of the first states to enact statewide rent and eviction control laws.
Under
California’s Tenant Protection Act of 2019
, any rent increase is capped at 5% plus inflation or 10% of the lowest price paid in the last 12 months. Additionally, landlords can raise the rent only once over any 12 month period and they must provide 30 days' notice. California landlords can charge “reasonable” late fees as long as they are outlined in the rental agreement. The state limits returned check fees to $25 for an initial bounced check. Any subsequent bounced checks are subject to a maximum fee of $35.
Keep in mind that California allows cities and counties to enact local rent control laws. Local rent control laws might apply to rental properties not covered under the Tenant Protection Act.
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Rental agreement provisions in California
In general, rental agreements involve an oral or written agreement between a landlord and potential tenants. As part of the agreement, landlords are allowing the tenant to inhabit their rental property in exchange for rent payments.
Landlords are required by California state law to disclose any information that may be important to tenants. These are the most common disclosures in any California rental agreement:
- List of tenants involved in the lease
- Security deposit policies
- Rent, due date, and acceptable payment methods
- Late fee policy
- Lease termination policies
- Eviction policies
- Mandatory disclosures (Past use of lead-based paint, mold, pest issues, etc.)
MORE: Does renters insurance cover mold?
What are landlords’ rights and responsibilities in California?
Landlords have the right to collect rent, withhold your security deposit if you’ve caused any property damage, and they can even evict you as a tenant for agreement breaches, according to the
California Civil Code § 1940-1954.05
. Of course, California landlord-tenant laws require landlords to provide a safe and habitable residence for all tenants. Maintaining a habitable environment includes pest control, safe common areas, and responding to repair requests from tenants in a reasonable time. Landlords have 30 days from the time of the request.
If a landlord fails to take care of important maintenance, California tenants can exercise their right to “repair and deduct”. Under the “Repair and Deduct Remedy'', tenants can hire a repair person (or you can repair it yourself) and subtract the cost from your month’s rent.
If you decide to use the repair and deduct remedy after giving your landlord a reasonable amount of time to fix the issue, here’s how to proceed:
- Notify your landlord by written communication
- Collect evidence, such as pictures or video to show proof of the problem
- Gather repair bids and be sure to hire a licensed professional if needed
- Attach the bill or invoice to your monthly rent with a letter explaining your right to repair and deduct from your rent that month
Please note that certain conditions apply. Tenants cannot spend more than one month’s rent on repairs, use the remedy more than twice in one year, or cause the problem to begin with.
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Evictions in California
Landlords in California have the right to evict tenants for several reasons, including:
- Failure to pay rent. If you don’t pay your rent by the due date, the landlord may serve you a three-day notice to pay. If you don’t pay by the third day, the landlord has the right to file for eviction.
- Lease violation. If you break the terms of the rental agreement, such as violating a no-pet policy, your landlord is required to give you three days to right the situation. If you don’t comply within three days, the landlord has the right to sue.
- Criminal activity. If the landlord has evidence of illegal activity in the rental unit, the landlord can give you a three-day unconditional quit notice. This means you cannot remedy the problem and must go.
- Subletting without permission. In addition to criminal activity, landlords can also give you an unconditional quit notice for subletting your rental without asking first.
Key Takeaway California tenants have the right to live in safe and habitable conditions. If the landlord violates the terms of the rental agreement, tenants may withhold rent, move out without notice, or even sue the landlord.
Protecting yourself with renters insurance in California
As a California tenant, it’s your responsibility to understand and follow all provisions in your rental agreement. It’s also important to obtain the right renter's insurance to further protect yourself. And car insurance comparison super app
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Jerry is a one-stop shop meant to save you time and money. On average, our customers save $887 per year on insurance when they switch providers with Jerry.
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Is California a tenant-friendly state?
California is a very tenant-friendly state. The Golden State was one of the first states in the country to enact statewide rent control laws.
If the landlord breaks the agreement and/or infringes on tenant rights, what can the tenant do?
California tenants have the right to withhold rent, move out without notice, exercise the right to “repair and reduce”, and even sue the landlord for retaliation.
How can a tenant get evicted?
California tenants can get evicted for many reasons, including failing to pay rent, engaging in illegal activity on the property, subletting a rental unit without permission, and violating the terms of the rental agreement.
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