California Landlord-Tenant Law: English-Only Policy?

California is the most populous and culturally diverse state in the US, with over 44% of its population speaking a language other than English at home. This has resulted in the implementation of the California Translation Act, which requires landlords to provide translated versions of lease agreements and any material changes to the lease, such as rent increases, to tenants who speak languages other than English. This law ensures that tenants understand the terms and conditions of their lease agreements and protects them from signing a contract they may not fully comprehend. While it is advisable for landlords to provide translations, there are exceptions, such as when the tenant has their own competent interpreter present during lease negotiations.

California Translation Act

The California Translation Act, codified in Civil Code § 1632, was enacted in 1976 to increase consumer information and protections for the state's Spanish-speaking residents. However, it has since been expanded to include other languages such as Chinese, Tagalog, Vietnamese, and Korean, reflecting California's diverse linguistic landscape.

The Act applies to landlords and requires them to provide translations of lease agreements and any subsequent modifications in the tenant's native language. This ensures that tenants fully understand the terms and conditions of their rental contracts. Landlords should also be cautious when encountering language barriers during lease negotiations and consider seeking legal advice to ensure compliance with the Act.

The California Translation Act mandates that landlords in California provide translations of lease agreements in specific languages, such as Spanish, Chinese, Tagalog, Vietnamese, or Korean. This requirement extends beyond the initial lease agreement to include any material changes to the lease, such as rent increases. Landlords must ensure that tenants receive translations of these modifications to avoid potential legal issues.

The Act recognises the importance of language accessibility in contract negotiations. By providing translations, landlords can ensure that tenants comprehend the terms and conditions of their tenancy. This not only protects tenants from signing agreements they may not fully understand but also helps landlords avoid potential lawsuits and legal complications.

To comply with the California Translation Act, landlords should be proactive in offering translations to tenants. This may include providing interpreters during lease negotiations or supplying translated copies of the lease agreement and any subsequent modifications. By taking these steps, landlords can ensure they are meeting their legal obligations and providing equal access to information for all tenants, regardless of their native language.

Rent increases

California's Tenant Protection Act (AB 1482) was enacted in 2019 to create significant new protections for residential tenants. The Act caps rent increases for most residential tenants in California. Landlords cannot raise rent 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 is in addition to local rent control laws, which may further restrict how much a landlord can increase rent annually. For example, the City of Los Angeles has its own rent control restrictions in place.

If a property is not covered under rent control, a landlord can increase rent by any amount. However, landlords must provide a written notice prior to issuing a rent increase, regardless of whether the property is rent-controlled. Landlords must give a 30-day written notice if the increase is 10% or less, and a 90-day written notice if the increase is over 10%. If there is a lease in place, the landlord cannot increase rent until the lease expires, unless the lease allows it.

If a unit is already covered by local eviction and/or rent increase regulations, the unit remains subject to those local regulations, and the statewide law does not override them. For example, the Mobilehome Rent Stabilization and Mobilehome Owners Protections Ordinance (MRSMOPO) is a local law that limits annual rent increases for mobile home spaces in unincorporated areas of Los Angeles County.

It is important to act quickly if a landlord increases your rent illegally. Many legal processes affecting tenants move swiftly, so do not ignore important notices. Reach out for legal assistance as soon as possible to discuss your options. If you cannot afford a lawyer, you may qualify for free or low-cost legal aid.

Tenant evictions

California has the highest concentration of people who do not speak English at home, with the number hovering at over 44 percent. The California Translation Act, codified in Civil Code § 1632, was enacted in 1976 to increase consumer information and protections for non-English speakers. Under this Act, landlords must provide translations of the lease and any material changes to it, such as rent increases. Non-English speaking tenants who sign a lease in a language they do not understand may be exempt from the agreement.

In California, landlords must have a valid reason, often referred to as "just cause", to evict a tenant. The Tenant Protection Act of 2019 (AB 1482) outlines two categories of evictions: "at-fault" and "no-fault". At-fault evictions occur when tenants violate the lease agreement or engage in behaviour that warrants eviction. Common reasons include non-payment of rent, lease violations (such as unauthorised pets), criminal activity, subletting without permission, and denying the landlord lawful entry to the property. Landlords must serve a 3-Day Notice to Pay Rent or Quit before evicting for non-payment.

No-fault evictions, on the other hand, are not the tenant's fault and include circumstances such as substantial remodelling, government orders related to habitability or safety, and withdrawal of the property from the rental market. In these cases, landlords must provide additional documentation and comply with local and state laws.

It is illegal for landlords to engage in self-help evictions or unlawful lockouts, such as changing locks, shutting off utilities, or removing tenants' belongings. The eviction process in California can be complex and time-consuming, so landlords should seek legal advice to ensure compliance with the law. Tenants facing eviction have rights and can seek free legal services to help them remain in their homes until a court orders them to vacate.

Landlord entry

In California, when a landlord rents out a property to a tenant, they give up possession of the property and are required by law to respect the tenant's privacy. However, a landlord may enter the rental property in specific situations. Here are some scenarios in which a landlord can enter a rental unit:

Emergency:

A landlord can enter the rental property to respond to an emergency that threatens life or property. In such cases, the landlord is not required to provide 24-hour advance notice.

Repairs and Alterations:

Landlords can enter to make necessary repairs or alterations that the tenant has agreed to.

Showing the Property:

Landlords have the right to enter the rental unit to show it to potential buyers, tenants, or repair workers.

Permission Granted:

If the tenant has given permission, the landlord can enter the rental unit.

Abandoned Premises:

If the tenant has abandoned the premises or the landlord has obtained a court order, the landlord can enter without the tenant's permission.

Periodic Inspections:

Landlords are responsible for keeping the property in a habitable condition, so they may conduct periodic inspections to ensure that various aspects of the unit, such as plumbing, electrical wiring, and smoke detectors, are functioning properly. However, tenants should be cautious and ask for clarification if a landlord requests to inspect the unit without specifying a legitimate purpose.

Notice Requirements:

Landlords must provide reasonable prior notice, typically 24 hours in advance, before entering the rental unit. The notice must be in writing and state the specific date, time, and purpose of entry. This written notice can be delivered personally, left with an appropriate individual at the unit, or placed at the usual entryway. If mailed, the notice must be postmarked at least six days before the intended entry date.

It is important to note that landlords cannot abuse their right of entry or use it to harass tenants. If a tenant feels that their landlord has violated their right to privacy or peace, they can discuss it with the landlord, requesting that they only enter for legitimate business purposes and provide the required written notice. If the issue persists, tenants can contact the police and file a report.

Safe environment

In California, landlords are required by law to provide a safe living environment for their tenants. This means that landlords must ensure that certain conditions are met to make the living space habitable and safe for potential lessees. These conditions include ensuring proper electric, gas, and plumbing utilities, as well as installing proper locks and security systems. If a landlord fails to meet these requirements, the lessee can either choose to deduct the costs of repair from their rent or vacate the premises without any constraints.

Landlords can also be held liable for certain breaches of security that occur on their property if the unsafe condition or act could have been foreseen. For example, in Ann M. v. Pacific Plaza Shopping Center (1993), an employee sued a shopping center landlord after being raped inside a tenant's store. The Supreme Court ruled that the landlord was not liable for negligence as they had no way of foreseeing that a criminal act would occur on the premises. However, if a landlord fails to take reasonable steps to provide a safe locale, they may be held liable for harm caused to tenants by third parties or unforeseen circumstances.

In addition to ensuring a physically safe environment, California law also protects tenants from certain rent increases and certain types of evictions. Tenants are advised to act quickly if served with an eviction notice, told to move out, or faced with illegal rent increases. Many legal processes affecting tenants move swiftly, so it is important to not ignore important notices and to seek legal assistance as soon as possible. Free or low-cost legal aid may be available for those who cannot afford a lawyer.

Landlords in California also have a right to enter the rental property in certain situations. These include responding to an emergency, making necessary repairs or alterations, showing the place to potential buyers or tenants, or if the tenant has given permission. The landlord must give a 24-hour advance written notice before entering, stating a specific time of entry during normal business hours. However, in cases of emergency, a 24-hour advance notice is not required. It is important to note that landlords cannot abuse this right of entry or use it to harass tenants. If a tenant feels that their landlord has abused this right, they should discuss it with the landlord and request written notice as required by law.

Frequently asked questions