Question 1

What are the rules for repair and rent withholding in California?

Accepted Answer

A landlord must maintain a unit in a habitable condition. Under California Civil Code section 1941.1, this requirement includes keeping the building free from rats and vermin. If a rat infestation arises because of structural defects like holes in walls or unsealed vents, the landlord must pay for extermination. A tenant remains responsible for repairs caused by the tenant's own negligence or lack of cleanliness. If the landlord fails to address a substantial habitability defect after receiving notice, a tenant may use the repair-and-deduct remedy under California Civil Code section 1942. This allows the tenant to pay for the repair and subtract the cost from the rent. The cost must not exceed one month of rent. A tenant can only use this remedy twice in a twelve-month period. A tenant must provide a reasonable notice period, typically thirty days, before taking this action.

Question 2

What are the legal grounds for a tenant to break a lease in California?

Accepted Answer

A tenant has a right to quiet enjoyment of the unit, which renovations may interrupt. Under the Tenant Protection Act and California Civil Code section 1946.2, a landlord may only terminate a tenancy for a substantial remodel if the work requires a permit and cannot be completed safely while the tenant lives in the unit. The landlord must provide the tenant with a written notice stating the reason for the termination. The landlord must also offer relocation assistance. This assistance must equal one month of the tenant's rent and must be provided within fifteen days of the notice. If the landlord fails to provide relocation assistance or a rent waiver, the termination notice is void. Documentation of how construction activity interferes with the use of the unit may be relevant if a habitability dispute arises. If a unit becomes truly uninhabitable, the tenant may move out under constructive eviction rules.

Question 3

When must a landlord return a security deposit in California?

Accepted Answer

California Civil Code section 1950.5 requires a landlord to return a security deposit within twenty-one calendar days after a tenant vacates the unit. The landlord must provide an itemized statement if any deductions are made for cleaning or repairs. If deductions exceed 125 dollars, the landlord must attach copies of invoices or receipts for the work. For work performed by the landlord or an employee, the statement must describe the work, the time spent, and a reasonable hourly rate. Under recently enacted requirements, the landlord must also provide dated photographs showing the condition of the unit before and after the repair or cleaning. If the landlord fails to return the deposit or provide the required documentation within twenty-one days, the landlord may lose the right to keep any portion of the deposit. A court may award the tenant twice the amount of the deposit for a bad faith claim.

Question 4

When can a landlord enter a rental unit without permission in California?

Accepted Answer

A landlord has limited rights to enter a rented unit. Under California Civil Code section 1954, reasonable written notice is required before entering for repairs or improvements, with twenty-four hours presumed reasonable. If showing the unit to purchasers, oral notice suffices if the landlord provided written notice within the previous 120 days. The notice must specify the date, approximate time, and purpose of entry. Entry must occur during normal business hours unless the tenant agrees otherwise. A landlord cannot enter simply to look around or perform general inspections without a statutory reason. Exceptions to the notice requirement include emergencies, instances where the tenant has abandoned or surrendered the premises, or if the tenant is present and consents to entry. A tenant may refuse entry if the landlord lacks proper notice or enters for unauthorized reasons. Repeated entries without a valid reason may constitute harassment. Leases cannot waive these privacy protections.

Question 5

How much can a landlord raise the rent in California?

Accepted Answer

The Tenant Protection Act, codified in California Civil Code section 1947.12, limits annual rent increases for most residential units. A landlord may not increase the rent by more than five percent plus the local percentage change in the cost of living, or ten percent, whichever is lower. This cap applies to units more than fifteen years old, including many apartments and corporate-owned single-family homes. For a rent increase of ten percent or less, the landlord must provide a thirty-day written notice under California Civil Code section 827. If the increase is more than ten percent, which only applies to exempt units, a ninety-day notice is mandatory. The landlord cannot increase the rent more than twice in any twelve-month period. Some cities have local rent control ordinances that provide even stricter limits. The landlord must verify whether the unit is subject to local or state caps before issuing a notice.

Question 6

What constitutes normal wear and tear in California?

Accepted Answer

The landlord must return the security deposit to the tenant within 21 days after the tenant vacates the property. Under California Civil Code Section 1950.5, the landlord must provide an itemized statement indicating the basis for and amount of all deductions. If the landlord fails to return the deposit or provide the statement within the 21-day period, the landlord may be required to pay the tenant the deposit plus damages of up to twice the deposit for bad faith as per California Civil Code Section 1950.5(l). The landlord is allowed to deduct from the security deposit only those amounts that are reasonably necessary to cover unpaid rent, cleaning the unit to the original condition, or repairing damage caused by the tenant beyond normal wear and tear. The tenant provides a forwarding address in writing to facilitate receiving the refund. If the landlord refuses to pay, the tenant files a lawsuit in a local small claims court.

Question 7

How does the formal eviction process work in California?

Accepted Answer

The eviction process begins with a written notice. Under California Code of Civil Procedure section 1161, a landlord must serve a three-day notice to pay rent or quit if the tenant fails to pay rent. If the tenant does not pay or move within three judicial days, the landlord may file an unlawful detainer lawsuit. To evict a roommate who is not on the lease, the primary tenant may need to follow the same legal steps required of a landlord. The primary tenant must serve a proper notice before filing a court action. To stop an eviction, the tenant may pay the full amount of rent owed within the three-day notice period or file a formal answer to the court summons within five days. If the tenant wins the case, the tenant remains in the unit. A judgment for the landlord results in a sheriff serving a notice to vacate.

Question 8

What costs is a tenant responsible for when breaking a lease in California?

Accepted Answer

If a tenant breaks a lease by moving out early, the tenant may be liable for the remaining rent. However, California Civil Code section 1951.2 requires the landlord to mitigate damages. This means the landlord must make a good faith effort to find a new tenant and re-rent the unit as soon as possible. The landlord cannot simply leave the unit empty and charge the former tenant for the entire remaining lease term. The tenant is only responsible for the rent lost during the time the unit was vacant while the landlord actively looked for a replacement. The tenant may also be responsible for reasonable costs the landlord incurred to re-rent the unit, such as advertising fees. If the landlord finds a new tenant at the same or higher rent, the former tenant's liability for future rent ends immediately. The landlord must still follow all rules for returning the security deposit.

Question 9

What is the maximum security deposit a landlord can charge in California?

Accepted Answer

As of July 1, 2024, California Civil Code section 1950.5 limits the maximum security deposit for most residential units to an amount equal to one month of rent. This cap applies regardless of whether the unit is furnished or unfurnished. Before this change, a landlord could request up to two months of rent for an unfurnished unit and three months for a furnished unit. An exception exists for small landlords who own no more than two residential rental properties with a collective total of no more than four units. These exempt landlords may still request up to two months of rent as a security deposit. However, this exception does not apply if the prospective tenant is a service member. The one-month limit aims to reduce the upfront financial burden on tenants entering new lease agreements. A landlord who demands an amount exceeding this legal limit violates state law and faces court penalties.

Question 10

Is it legal for a landlord to lock out a tenant or shut off utilities in California?

Accepted Answer

A landlord must not use self-help measures to remove a tenant or force a tenant to move. California Civil Code section 789.3 prohibits a landlord from willfully interrupting or terminating utility services like water, heat, light, electricity, or gas. This prohibition applies even if the landlord pays the utility bills or the tenant is behind on rent. The landlord also cannot change the locks or remove doors and windows to exclude the tenant from the unit. If a landlord violates these rules, the tenant may sue for actual damages and a statutory penalty of up to one hundred dollars for each day the violation continues. The law also requires the landlord to pay the tenant's reasonable attorney fees in a successful lawsuit. Only a sheriff may physically remove a tenant following a court judgment. Any other attempt to regain possession through force or utility shutoffs is strictly illegal.

Landlord & Tenant Law

California

Not legal advice

Landlord & Tenant Law

California

Q01What are the rules for repair and rent withholding in California?

Q02What are the legal grounds for a tenant to break a lease in California?

Q03When must a landlord return a security deposit in California?

Q04When can a landlord enter a rental unit without permission in California?

Q05How much can a landlord raise the rent in California?

Q06What constitutes normal wear and tear in California?

Q07How does the formal eviction process work in California?

Q08What costs is a tenant responsible for when breaking a lease in California?

Q09What is the maximum security deposit a landlord can charge in California?

Q10Is it legal for a landlord to lock out a tenant or shut off utilities in California?

Not legal advice