Landlord Visits: California Renters' Rights Explained

California's landlord-tenant law establishes the rights and responsibilities of both landlords and tenants, promoting fairness, compliance, and safe housing. While the landlord must respect the tenant's privacy, they have a right to enter the rental unit in certain situations. For instance, in the case of an emergency or to make necessary repairs. Landlords must also provide tenants with specific disclosures, such as lead-based paint disclosures and mold notices. In addition, the Tenant Protection Act of 2019 requires landlords to have a valid reason to evict renters, and tenants are protected from certain rent increases and types of evictions.

Landlord liability for criminal acts of others

In California, landlords are responsible for maintaining a safe environment on their property. This means that they must take reasonable steps to prevent accidents or injuries from occurring. Landlords have a duty to take reasonable steps to protect tenants from foreseeable criminal acts of another. Criminal acts can include conduct such as assault, battery, and criminal activity at the rental housing.

Landlords can be held liable for their tenants' actions in certain circumstances. For example, if a landlord knows about dangerous behaviour by a tenant, such as drug dealing or violence, and fails to take appropriate measures to address it, they may be held partially liable for any resulting damages. A landlord is also more likely to be found liable for crimes committed at the rental if they have promised—but failed—to deliver on providing a secure property. For instance, if a landlord advertises that the property has a security system or 24-hour guard but fails to maintain these features throughout the tenancy, an injured tenant may have grounds to take legal action against the landlord.

To be held liable for a tenant's injuries, the tenant must show that the landlord knew or should have known about the probability of criminal activity and failed to take reasonable steps to protect the tenant. The court will balance the probability of harm to the tenant with the burden of the duty imposed on the landlord to prevent or mitigate the risk of harm. It is not enough to show that a neighbourhood has a high incidence of crime; instead, the tenant must show there were prior similar criminal acts on the property that put the landlord on notice of a need for security measures.

Landlords can take several practical steps to minimize tenant criminal activity and limit their liability in the event that someone harmed by a tenant's criminal act decides to sue. This includes carefully screening tenants, not accepting cash rental payments, and including explicit provisions in the lease or rental agreement prohibiting drug dealing and other illegal activity.

Landlord entry rights

In California, landlords are required to respect their tenants' privacy. However, landlords are permitted to enter their rented property in certain situations. Landlords must give a 24-hour advance written notice, stating the specific time of entry, which must be during normal business hours. In an emergency, a 24-hour advance notice is not required.

Valid reasons for a landlord to request entry include:

• Responding to an emergency that threatens life or property
• Making repairs or alterations that are necessary or have been agreed upon
• Showing the property to potential buyers, tenants, or repair workers
• If the tenant has given permission to enter
• If the tenant has abandoned the premises
• If the landlord has obtained a court order

Tenants should cooperate with landlords who have valid reasons for requesting entry. However, landlords cannot abuse their right of entry or use it to harass tenants. If a tenant feels their landlord has abused this right, they should discuss it with them, asking them to provide the required written notice and to only enter for legitimate business purposes. If the landlord continues to violate the right to enter, tenants can contact the police and file a report.

It is important for both landlords and tenants to understand their rights and responsibilities under California law, as outlined in the rental agreement. This agreement serves as the foundation of the landlord-tenant relationship and ensures clear expectations and compliance with legal requirements. Landlords must also provide specific disclosures to tenants, such as information about lead-based paint, mould, pest control, and utility sharing, to ensure transparency and safety.

Discrimination laws

California has strict laws prohibiting various types of discrimination in leasing, which compel landlords to comply with prohibitions against such discrimination or face penalties. These laws apply to all rental housing in California. Landlords must comply with federal, state, and local fair housing laws when choosing tenants.

The California Civil Rights Department (CRD) is responsible for enforcing state fair housing laws that make it illegal to discriminate against or harass someone because of a protected characteristic. These include gender, race, national origin, sexual orientation, gender identity, religion, and disability. The law also prohibits discrimination based on varied characteristics such as source of income, having children, and disability.

The Tenant Protection Act of 2019 (AB 1482) is a new law that requires landlords to have a valid reason to evict renters, so long as the renter has lived in the rental housing for at least 12 months. This is called "just cause" protection for eviction. The law applies throughout California and protects many renters in the state.

The Fair Employment and Housing Act (FEHA) covers the sale, rental, or occupancy of most housing accommodations in California, including single-family homes, multi-family homes, apartments, and short-term rentals. It prohibits housing providers from discriminating against or harassing tenants, homeowners, residents, their guests, housing or mortgage applicants, and home buyers.

California law also protects individuals from illegal discrimination and harassment by housing providers based on certain protected characteristics, whether or not someone actually has that characteristic or is perceived to have it. The law also protects against discrimination based on intersecting characteristics or the characteristics of a family member, friend, roommate, or any other associate.

Rent increases

In California, residential tenants are protected from certain rent increases. The Tenant Protection Act (AB 1482), enacted in 2019, caps rent increases for most residential tenants in the state. Landlords cannot increase the rent by more than 10% in total or 5% plus the percentage change in the cost of living, whichever is lower, over a 12-month period. This means that if the cost of living increases by 6%, the rent can only be increased by 11% in total. If the cost of living decreases, the rent can only be increased by up to 10%.

The Act applies to all residential rental units in the state, except those specifically identified in the law, such as single-family homes not owned or controlled by a corporation or real estate investment trust. Local rent control ordinances that are more protective than the Tenant Protection Act also supersede the Act. Additionally, the Act does not apply to affordable housing restricted by a deed, government agency agreement, or other recorded document, or housing that is subject to an agreement providing housing subsidies.

If a rental unit is not subject to local rent control or the Tenant Protection Act, and the state's anti-price gouging law has not been triggered, market conditions determine the frequency and amount of rent increases. In this case, landlords must provide at least 30 days' advance written notice for rent increases of 10% or less over a 12-month period and at least 90 days' advance notice for increases of more than 10%.

It is important to note that landlords must deliver a formal written notice of any rent increase and provide sufficient warning. Tenants should be aware of their rights and act quickly if they receive an illegal rent increase, as legal processes can move swiftly.

Eviction notices

In California, tenants are protected from certain types of evictions and landlords are required to have a valid reason or 'just cause' to evict renters. This is outlined in the Tenant Protection Act of 2019 (AB 1482), which applies to all residential rental units in the state except those specifically identified in the law.

The 'just cause' protections apply to renters who have lived in the rental property for at least 12 months. If an adult tenant moves in before that 12-month period has passed, the protections will not apply until either 24 months have passed or all adult tenants have lived in the property for 12 months, whichever comes first.

If a landlord has a 'just cause' to evict a tenant, they must first give a written notice stating the reason, which can be either an 'at fault' or 'no fault' reason. 'At fault' reasons include not paying rent, breaking the rental agreement, criminal activity, subletting, or refusing the landlord entry to the property when they have a legal right to enter. 'No fault' evictions do not require the tenant to have done anything wrong, but the landlord must still give one month's rent or waive the final month's rent to help the tenant move out.

There are several types of eviction notices that a landlord can give to a tenant. A 3-Day Notice to Pay Rent or Quit is used when the landlord believes the tenant is behind on rent, requiring them to pay the back rent or move out. A 3-Day Notice to Quit can be given if the tenant is responsible for serious problems on the property, such as causing a nuisance or engaging in illegal activity. A 3-Day Notice to Perform Covenants or Quit gives the tenant three days to fix a problem, after which the landlord can give an unconditional 3-Day Notice to Quit if the issue has not been resolved. If the tenant has lived in the property for more than a year, they may be entitled to relocation assistance or a rent waiver for their final month.

It is important for tenants to act quickly if they receive an eviction notice and to seek legal assistance to understand their rights and options. The eviction process moves swiftly, and tenants have the right to remain in their home until a court orders them to leave. Landlords cannot change locks, shut off utilities, or remove belongings to force a tenant out, and such actions can result in major legal consequences.

Frequently asked questions