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ContinueLearn what landlords can and cannot do in California, from rent control limits to privacy violations. For legal and professional property management.
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According to the California Tenant Protection Act of 2019 (AB 1482), landlords have specific rights and responsibilities that they must adhere to. However, it is crucial for landlords to be aware of certain actions that are prohibited by law.
In this article, we will delve into what a landlord cannot do in California, offering essential insights for both property owners and tenants.
Read more: Overview of California State Landlord Tenant Laws
California's landlord-tenant relationships are regulated by various laws, including the California Civil Code, the Health and Safety Code, and local ordinances. These regulations define the rights and responsibilities of both landlords and tenants, promoting fair housing practices and safeguarding tenants against unfair treatment.
One significant piece of legislation is the California Tenant Protection Act, which was enacted in 2019. This law introduced statewide rent control measures and established requirements for just cause evictions, thereby restricting landlords' actions in specific scenarios.
For instance, under this act, most landlords can only increase rent by a maximum of 5% plus the percentage change in the Consumer Price Index (CPI), or 10%, whichever is lower. This provision aims to prevent sudden and substantial rent increases that could displace tenants from their homes.
In addition to rent control, the law mandates that landlords provide a valid reason before evicting tenants, ensuring that evictions are not arbitrary. These protections reflect California's commitment to balancing the rights of tenants with the operational needs of landlords while fostering a stable rental market.
Landlords must understand what they can or cannot do in California to avoid legal disputes and repercussions. Below is an overview of some of the things a landlord cannot do in California.
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Under the federal Fair Housing Act and California's fair housing laws, landlords must not discriminate against prospective tenants based on protected characteristics. The protection covers various categories, such as race, color, national origin, religion, sex, familial status, or disability.
It’s important for landlords to note that this prohibition extends beyond the selection process to include when advertising rental properties and showing units to interested applicants.
Moreover, California law imposes limits on the fees landlords can charge for rental application screenings. These maximum fees are adjusted annually based on changes in the Consumer Price Index. For 2024, the maximum a landlord or property management company could charge for a rental application fee in California was $63.70.
Landlord Tip: Always check the current year's maximum allowable application fee before charging prospective tenants to ensure compliance with regulations.
Read more: A Guide To California Rental Application Laws
According to California security deposit laws, landlords may charge a maximum of one month's rent for both unfurnished units and furnished rental units. There's an exception to the one-month limit called the ‘small landlord exception’ which applies to landlords who own no more than two properties with a total of four rental units.
Furthermore, while landlords can make deductions from the deposit for things like unpaid rent and damage beyond normal wear and tear, they are not allowed to label any part of a deposit as “nonrefundable”.
When tenants move out, landlords are required to return the security deposit along with an itemized statement detailing any deductions within 21 days. Failing to comply with this timeline can lead to penalties for the landlord.
Landlord Tip: To prevent disputes regarding security deposit deductions, it’s advisable to maintain thorough records of the property's condition both at move-in and move-out.
Read more: California Security Deposit Laws
Landlords are restricted from raising rent beyond the legally permitted percentage in areas that are subject to rent control. In regions without rent control, they are still required to provide adequate notice before implementing any rent increases.
Additionally, landlords cannot retaliate against tenants by increasing rent when those tenants exercise their legal rights, such as requesting necessary repairs or reporting violations of housing codes.
In California, while late fees are permissible, they must be reasonable and clearly defined in the lease agreement. Excessively high late fees may be deemed unenforceable.
Landlord Tip: To prevent potential disputes, it’s crucial for landlords to clearly outline their late fee policies in the lease agreement.
Read more: Rent Control Laws In California
Landlords are required to give tenants a minimum of 24 hours written notice prior to entering a rental unit, except in cases of emergency. They are not permitted to enter without prior notice or consent, except under certain legally defined circumstances.
While landlords have the right to enter for specific purposes—such as conducting repairs or showing the property—they must not misuse this privilege by entering too often or for unauthorized reasons.
Landlord Tip: It's advisable to keep a record of the reasons for any entry and maintain a log of all visits to the rental unit.
Landlords have a legal obligation to keep rental properties in a habitable condition. Neglecting necessary repairs or failing to address health and safety concerns is against the law. It's important to note that landlords cannot retaliate against tenants who request repairs or exercise their right to "repair and deduct," as outlined in California law.
Additionally, landlords are not permitted to charge tenants for normal wear and tear when they move out. Only damages that exceed typical use may be deducted from the security deposit.
Landlord Tip: To prevent disputes over damages, consider providing tenants with a checklist to document the condition of the unit at both move-in and move-out.
Landlords must adhere to specific legal procedures when evicting tenants, which include giving proper notice and securing a court order. In many cities across California, as well as under the statewide Tenant Protection Act, landlords are required to have a valid reason for terminating a lease. Acceptable just causes include non-payment of rent or violations of lease terms.
It's important to note that landlords cannot deny a lease renewal simply because a tenant has exercised their legal rights.
Landlord Tip: Keep thorough records of all communications with tenants, particularly those related to lease renewals or terminations.
Read more: The Complete Guide To California Eviction Laws
Landlords are not allowed to cut off utilities as a means to force a tenant to vacate the property. This practice is classified as an illegal “self-help” eviction method. Additionally, landlords cannot remove any amenities that were originally provided without obtaining proper compensation or reaching an agreement with the tenant.
Landlord Tip: Any modifications to the amenities should be clearly communicated and agreed upon in writing.
Lease agreements cannot contain terms that waive a tenant’s legal rights or limit the landlord’s legal obligations. While automatic renewal clauses are not entirely banned, they must adhere to specific requirements to be enforceable in California.
Landlord Tip: It’s advisable to have an attorney review your lease agreement to ensure that all terms comply with legal standards.
Read more: A Guide To California Lease Agreements [+Free Template]
Landlords are obligated to disclose known hazards, such as lead-based paint in older properties or the presence of mold. They must also inform tenants about any periodic pest control services that are conducted.
Landlord Tip: Ensure that all required written disclosures are provided and keep signed copies for your records.
When tenants leave behind property after moving out, landlords must follow established procedures for handling these items. This includes providing notice to the tenant and storing the belongings for a specified period.
Landlord Tip: Familiarize yourself with the legal process regarding abandoned property to prevent potential lawsuits.
Knowing the limitations placed on landlords in California is essential for both property owners and tenants. By following these California legal guidelines, landlords can foster healthy relationships with their tenants and steer clear of expensive legal conflicts.
However, it's important for landlords to note that California landlord-tenant laws can evolve, and local regulations may introduce further restrictions. Always consult a legal expert and read our updated state laws resource for the most current information.
No, landlords are required to give at least 24 hours written notice before entering a rental unit, except in emergencies.
Yes, there are limits in areas subject to rent control. Even in regions without rent control, landlords must provide appropriate notice for any rent increases.
No, it is illegal in California for landlords to discriminate based on a tenant's source of income.
No, while air conditioning is not mandatory, if it is provided, landlords must ensure it is kept in good working order.
Yes, landlords can charge a pet fee, but this must be clearly outlined in the lease agreement.
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