Renters Rights in California

If you need advice concerning renters rights in California in regard to eviction rights, security deposits, housing discrimination, wear and tear deductions or renters insurance, it is advisable to consult with an attorney who practices rental law in California. To get legal advice right now, please fill out the form below.

Both Landlords and Tenants Need to Be Aware of Renters Rights in California

In California, rental laws are filled with renters rights including both landlord rights and tenant rights. For instance, both the landlord and tenant have eviction rights. They both have rights in regard to security deposits. The tenant has the right to rent a property that is habitable without overly exercised landlord entrance and the landlord has the right to receive rent on time and to receive the property back from the tenant in the condition that it was in before tenancy.

In California, housing discrimination has been a problem so in addition to the federal laws that ensure equal housing opportunities, California also has a state wide law regarding housing discrimination that is more specific in offering renters rights in regard to preventing housing discrimination.

Renters rights in California may differ concerning the type of rental property, the type of rental arrangement, the term of the rental agreement or lease and even the city in which the rental unit is located. Several cities in California have local ordinances concerning rent control that may override the standard state renters rights contained in state law as long as they don't contradict state or federal laws in regard to renters rights. There are also certain provisions that apply to subsidized housing programs.

If you have a question about renters rights in the state of California, whether it involves landlord or tenants rights and responsibilities, housing discrimination, eviction rights, security deposits, wear and tear deductions, or renters insurance, it is highly recommended that you contact an attorney that practices rental laws in the state of California.

Following is a summary of general renters rights in California; however, it should not be used as legal or professional advice. There are many exceptions and situation specific laws that may or may not apply to the situation in question. The best way to ensure that your rental rights are in tact and that you are not violating the renters rights of the other party is to talk with a lawyer who practices rental law in the state of California.

Summary of Housing Discrimination Laws in California

Basically, housing discrimination can be defined as discriminating against a prospective tenant or a tenant because of certain traits or characteristics that are specified in the laws of California. For instance, it is unlawful for a landlord to refuse to rent or harass a prospective tenant or a tenant in regard to their race, color, national origin, ancestry, sex or sexual orientation, religion, marital status or familial status, source of income, or for a disability whether physical or mental as well as medical conditions including pregnancy. It can also be considered housing discrimination if a landlord harasses or refuses to rent to a person because of the perception that the person is associated with another person who features such characteristics.

Income standards considered for people who intend to live together cannot be different than they are for married couples and using different standards can be construed to be housing discrimination. In addition, families with children under the age of 18 cannot be discriminated against except in housing that is particularly for senior citizens in which families with children may be excluded. There are limited exceptions from these laws that prevent housing discrimination in regard to selecting roommates or renting single rooms.

Housing discrimination claims can result in court orders that are beneficial for tenants or potential tenants who were discriminated against such as recovery of out-of-pocket expenses that relate to housing discrimination, damages for emotional distress as well civil or punitive penalties and damages. The court can issue an injunction in order prohibit unlawful practices and can grant access to the housing that you were previously denied. It is not uncommon for the prevailing party to get reimbursed for their attorney's fees in cases involving housing discrimination. Landlords, be aware that participating in housing discrimination can be expensive and other court orders that you may not like are possible.

Summary of Rights Regarding Security Deposits in California

In California security deposits are taken by the landlord in order to secure the property in case of damages. California renters laws allow them to deduct amounts from the security for four reasons. They can apply it to unpaid rent, they can use it for having the property cleaned back to the condition that was in at the beginning of the tenancy, they can use it to repair damages, or they can use funds from the security deposit to replace or repair furniture or other personal items that they provided to the renters.

Normal wear and tear cannot be deducted from security deposits in California. Basically, the expense of normal wear and tear is the landlord's responsibility. The tenant is paying for the use of the property and wear and tear will naturally occur through normal use.

Renters rights also prevent security deposit deductions for the purpose of repairing damages that were preexisting on the property at the beginning of tenancy. To prevent such deductions from a security deposit, it is wise to document the preexisting damages at the beginning of the tenancy and to have the list signed by the landlord.

When the tenant moves out, the landlord should make an initial inspection and inform the tenant about things that can possibly be deducted from the security deposit.

Renters rights governed by California renters law requires the landlord to return to the deposit to the tenant with 21 days after the end of tenancy. If they plan on withholding funds from the security deposit, they will have to deliver an itemized statement with invoices and receipts that support the deductions. This statement should be delivered with 21 days after the end of tenancy. If they don't know exactly what the deducted costs will be, they can include a good faith estimate in the statement delivered with 21 days. If they choose to make a good faith estimate, after the work is completed and the invoices received, the landlord has to complete the statement and deliver it within 14 days.

Renters rights in California limit the amount that can be taken as a security deposit. Cities with rent control ordinances may differ from other cities. If you have questions about security deposits in general or renters rights in California, it is advisable that you consult with an attorney who specialized renters laws for the state.

Summary of Eviction Rights in California

Eviction rights in California can be very confusing because of different notice requirements and local rent control ordinances and subsidized housing programs that sometimes require statements of the reason for terminating the rental agreement or lease and require just cause for ending tenancy.

Eviction rights include the right of the tenant to receive advance notice of termination in 30 days, 60 days or 3 days proceeding the date that the tenant is expected to vacate the property in a month-to-month agreement and a 7 day notice in a week to week agreement. In most cases, the reason of termination does not have to be included in the notice unless the tenancy is subject to rent control ordinances or subsidized housing programs that require otherwise.

Generally in a month to month agreement, 30 day notice is required if the tenants have lived at the property for less than one year and 60 days is required if the tenants have lived there for one year or more; however, special eviction rights are given to the landlord in situations that involve eviction using a three day notice.

Only a three day eviction notice is required if the tenant has failed to pay rent, violated provisions of the lease or rental agreement, damaged the property materially, been a nuisance to other tenants, or used the property for an unlawful purpose such as dealing drugs. When a three day eviction notice is used, the notice does have to state the reason for eviction in order to protect the tenant's eviction rights.

It is important to realize that the eviction rights stated above are just a general overview of the most commonly occurring eviction rights. There are many exceptions to those rules that are stated in rental laws, local ordinances and subsidized housing programs. To be aware of your eviction rights in your particular situation, whether you are a landlord or a tenant, it is best to consult with an attorney who practices rental laws in California and is familiar with the state laws, local ordinances and subsidized housing programs. This is the best way to protect your renters rights in California and to ensure that you don't personally violate the renters rights of the other party in the situation in question.

Some Tips about Renters Insurance

In addition to renters rights in California, you might be concerned with renters insurance. Generally, the landlord insures the property that is rented in order to protect the property and to be responsible for liability. In most cases, the landlord's insurance policy does not cover the personal belonging of tenants or liability causes of the tenant. It is wise for tenants to insure themselves with renters insurance. Renters insurance is fairly inexpensive and can help tremendously if a tenant's personal property is destroyed or stolen. Tenants cannot reasonably expect the landlord's insurance to cover such losses which makes purchasing renters insurance a necessity in protecting the personal property of the tenant.

Many tenants in California do not realize that the renters rights of the state do not guarantee that their personal belongings be replaced by the landlord's insurance in case of destruction while on the property. In most cases, renters rights do not require that damages or destruction of tenants' belongings to be the responsibility of the landlord. The best way to protect your property if you are a tenant is to purchase renters insurance. Most renters insurance policies also cover the tenant in regard to liability.

Awareness of Renters Rights in California

Renters rights in California are set out by many laws including federal, state and local jurisdictions. Renters rights may be affected by subsidized housing programs. Commonly addressed violations against renters rights include disputes over security deposits, claims that the landlord is trying to charge the tenant for wear and tear or preexisting damages, violation of eviction rights, and housing discrimination. Occasionally, tenants who do not have renters insurance try to hold the landlord responsible for damages to their personal property.

Landlords will benefit from being aware of their renters rights as a landlord and ensuring that they don't violate the renters rights of their tenants with special attention to taking, returning and deducting funds from security deposits and serving termination or eviction notices to ensure that taking such actions does not violate the tenant's eviction rights. This knowledge can come from consulting with a rental law attorney in the state of California.

Tenants will benefit from knowing their renters rights in California as well. To find out the tenants' renters rights including topics such as security deposits, wear and tear deductions, eviction rights and issues concerning renters insurance, consultation with a lawyer who practices rental laws in California is highly recommended.

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