English-Speaking Landlords: California Law And Language Provision

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. As a result, California law requires landlords to provide tenants with a written translation of the proposed lease or rental agreement in a language other than English if that language was used in the negotiation. This law, known as the California Translation Act, was enacted to increase consumer information and protections for the state's growing population of non-English speakers. The Act applies to both oral and written negotiations and covers languages such as Spanish, Chinese, Tagalog, Vietnamese, and Korean. Landlords should provide the translation before the tenant signs the lease and include any material changes to the lease during the tenancy.

California Translation Act

The California Translation Act, a law codified in Civil Code § 1632, was enacted in 1976 to increase consumer information and protections for the state's Spanish-speaking residents. Over time, it has come to recognize and include other languages such as Chinese, Tagalog, Vietnamese, and Korean. The Act ensures that contracts for products and services are available in these languages, in addition to English.

The Act applies to tradespersons and businesses, including landlords, who negotiate contracts in non-English languages. When negotiating a lease agreement, landlords are required to provide a translation of the contract terms and conditions in the native language of the tenant. This ensures that both parties understand the terms of the agreement. An exception to this requirement is when the tenant has their own competent interpreter present during the negotiation.

The responsibilities of landlords under the California Translation Act extend beyond the initial tenancy agreement. If there are any material changes to the lease, such as rent increases, these modifications must also be translated in accordance with the Act. Tenants may have the right to prematurely break the lease without penalty if they can demonstrate that they did not understand the terms due to a language barrier.

To comply with the Act and avoid potential lawsuits, landlords are advised to use caution when encountering language barriers. Consulting with an attorney to ensure accurate translations and understanding is recommended. Additionally, while not legally required, some landlords use a translator certification form, signed by the tenant's translator, to document that the translation requirement has been met. This can provide evidence in case of any disputes regarding the translation accuracy.

Lease agreement translation requirements

In California, landlords must provide tenants with a written translation of the proposed lease or rental agreement before it is signed if the lease is negotiated primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean. This law, known as the California Translation Act, applies to both oral and written negotiations and ensures that tenants understand the terms and conditions of the lease before agreeing to it. The requirement for a written translation is waived if the tenant provides their own independent and competent interpreter who can speak and read English fluently in addition to the language used in the negotiation.

The translated copy must be accurate, with no substantial differences in the material terms and conditions compared to the English version. If there are discrepancies, the tenant may cancel the lease. While not legally required, landlords can use a translator certification form, signed by the tenant's translator, to document that the translation was provided and understood. This can be helpful evidence if any disputes arise regarding the translation requirement.

The California Translation Act also extends beyond the initial tenancy agreement. Landlords must provide translations for any material changes to the lease, such as rent increases, throughout the duration of the tenancy. This helps ensure that tenants continue to understand their rights and obligations under the lease, even if their English proficiency changes over time.

It is important to note that the translation requirement applies to residential leases longer than one month. Month-to-month rental agreements or those lasting less than a month are exempt from this requirement. Additionally, the tenant's signature is not legally required on the foreign translation copy, but it is advisable to obtain signatures on both the English and translated versions for legal purposes.

Translation accuracy and certification

In California, a significant proportion of the population does not speak English at home, with the number hovering at over 44 percent, according to the U.S. Census Bureau. This has implications for landlords, particularly in the Bay Area, where the California Translation Act, codified in Civil Code § 1632, is in force. This Act was originally enacted in 1976 to increase consumer information and protections for Spanish-speaking residents but has since been expanded to recognize the influx of speakers of other languages, including Chinese, Tagalog, Vietnamese, and Korean.

The California Translation Act requires landlords to provide translations of leases for non-English speaking tenants. This responsibility extends beyond the outset of the tenancy—if there are any material changes to the lease, such as rent increases, these modifications must also be translated in accordance with the Act. If a tenant claims to have signed a lease they did not understand due to a language barrier, they may be able to break the lease without penalty. To avoid potential tenant lawsuits, landlords are advised to consult an attorney when encountering language barriers when drafting a lease.

While not a legal requirement, some landlords use a translator certification form, signed by the tenant's translator, to document that the lease terms have been accurately translated. This form of evidence can be helpful if a tenant later argues that the translation requirement was not met or that there are substantial differences in the material terms and conditions between the English and foreign-language versions of the lease. In such cases, the tenant may have grounds to cancel the lease.

In the context of legal proceedings, certified or registered court interpreters may be required to facilitate accurate interpretation and translation for individuals with varying levels of language proficiency. These interpreters must be registered with the California Courts-Court Interpreter Program (CIP) or the American Translators Association. The translated document must include a declaration and certification from the interpreter, stating their name, the language they are certified to interpret, and that the translation is true and accurate. This declaration must be executed under penalty of perjury and notarized by a notary public.

Tenant rights and penalties

California law requires landlords to provide tenants with specific disclosures to ensure transparency and safety. These include:

• Lead-Based Paint Disclosure: Required for properties built before 1978, informing tenants of potential lead hazards.
• Mold Notice: Disclosure of mold that is present at levels that could affect health.
• Pest Control: Information about previous pest control treatments or infestations.
• Utility Sharing: If utilities are shared with other units, this must be clearly outlined, including how costs are divided and billed.

Landlords who fail to provide these disclosures may face penalties or legal action.

Tenants in California have the right to withhold rent or take direct action if their rental unit becomes uninhabitable due to unresolved issues, such as faulty plumbing or pest infestations. They are also protected from retaliation if they sue their landlords for harassment or violations of their rights. If a landlord engages in unlawful behavior, such as cutting off utilities or locking tenants out, tenants may terminate the lease.

In addition, California's Fair Employment and Housing Act (FEHA) and the federal Fair Housing Act (FHA) prohibit discrimination in housing. Landlords cannot deny housing, impose different lease terms, or harass tenants based on protected characteristics.

Under the California Translation Act, landlords are required to provide translations of leases for non-English speaking tenants. This includes any material changes to the lease, such as rent increases. If there is a substantial difference in the terms and conditions of the English and foreign language versions of the lease, the tenant may cancel the lease without penalty.

Other tenant rights and protections in California include:

• The right to terminate a lease without penalty for tenants called to active military service under the Servicemembers Civil Relief Act (SCRA).
• The ability to end a lease early by paying a predetermined penalty, as outlined in some rental agreements.
• Protections for mobile home park tenants under the Mobilehome Residency Law.
• The right to sue a landlord for sexual harassment, although the law currently still authorizes eviction in these cases.

Landlord responsibilities

In California, landlords have a responsibility to provide a safe living environment for their tenants, and failure to do so can result in civil or criminal liability. This includes maintaining the building, grounds, and appurtenances in a sanitary condition, free from debris, roaches, rats, and other vermin. Landlords must also ensure that the rental unit has safe and working plumbing, heating, electrical equipment, floors, and stairs, as well as effective waterproofing and locks on windows and doors. These obligations must be met at the beginning of the lease and maintained throughout the tenancy. Landlords are also responsible for overseeing all necessary repairs, except in cases where the tenant or their guests cause damage.

In addition to maintaining a habitable premises, landlords in California have several other responsibilities. They must provide tenants with a copy of the lease or rental agreement, which must be in a language the tenant understands, and notify tenants of any material changes to the lease, such as rent increases. Under the California Translation Act, if a tenant does not speak English, the landlord is required to provide a translation of the lease in the tenant's language. Landlords cannot raise rents above the limits set by the Tenant Protection Act (no more than 10% total or 5% plus the percentage change in the cost of living over a 12-month period).

Landlords are also responsible for addressing any health or safety issues that arise during the tenancy. Tenants have the right to request repairs and complain about unsafe or unhealthy conditions, and landlords must respond to these requests in a timely manner. If a tenant is facing health or safety issues and receives an eviction notice, they should inform a lawyer or the court, as this may affect the landlord's right to evict them.

It is important to note that landlords can be held liable for certain actions of their tenants, such as in the case of Donchin v. Guerrero (1995), where a landlord was held liable for a tenant's dog attacking someone away from the property due to defects on the property that allowed the dog to escape. Landlords should also be aware that tenants have the right to make repairs themselves and deduct the cost from their rent if the landlord fails to address habitability issues.

Frequently asked questions