Introduction
California’s landlord-tenant laws are among the most extensive and tenant-protective in the United States. These laws help balance the rights of tenants and landlords, creating a framework where both parties can coexist in a fair and legal environment. However, for a rental relationship to function smoothly, both landlords and tenants need to understand their rights and obligations.
Landlords, in particular, must adhere to strict guidelines about what they cannot do under California law. These restrictions are designed to protect tenants from unfair practices, unsafe living conditions, and potential abuse. Understanding these laws ensures tenants can feel secure in their homes, and helps landlords avoid legal pitfalls.
This article will cover in detail the most important things landlords in California cannot do. Whether you’re a tenant trying to protect your rights or a landlord wanting to comply with legal standards, this guide will serve as an invaluable resource. We will also explore examples, real-world cases, and steps tenants can take if their rights are violated.
Legal Boundaries for Landlords in California
The primary purpose of California’s landlord-tenant laws is to safeguard tenants’ rights while maintaining a balance with the property rights of landlords. The laws ensure that rental agreements are carried out in a way that does not infringe upon tenants’ safety, privacy, or access to basic services. Landlords are prohibited from taking actions that could harm tenants, invade their privacy, or create unsafe living conditions.
The common legal boundaries landlords must follow include:
- Entering a tenant’s property without notice: Landlords must provide tenants with notice before entering the property, except in emergency situations.
- Retaliating against tenants: Landlords cannot retaliate against tenants for exercising their legal rights, such as filing complaints or requesting repairs.
- Discriminating against tenants: Under both state and federal law, landlords are prohibited from discriminating based on race, gender, disability, and other protected characteristics.
- Failing to maintain habitable conditions: Landlords must ensure rental units meet certain habitability standards, such as functioning plumbing, heating, and safe structural integrity.
- Charging excessive security deposits: Security deposits must comply with legal limits, and landlords must return them in a timely manner.
- Changing locks or shutting off utilities: Landlords cannot use self-help eviction methods, such as changing the locks or turning off utilities.
- Raising rent above legal limits: Landlords must follow regulations regarding rent increases, particularly in rent-controlled areas.
Each of these topics will be examined in detail to help both tenants and landlords understand their rights and responsibilities.
Entering a Tenant’s Property Without Notice
One of the most significant protections tenants enjoy in California is the right to privacy. California Civil Code Section 1954 states that landlords must provide at least 24 hours’ written notice before entering a tenant’s unit, unless there is an emergency. This is designed to give tenants time to prepare and ensure that their privacy is respected.
However, there are a few exceptions that allow a landlord to enter without notice:
- Emergencies: In urgent situations such as a water leak, fire, or gas leak, landlords can enter without giving 24 hours’ notice to prevent further damage or ensure tenant safety. It is important to note that these emergency entries must be made with good reason and cannot be used to harass tenants.
- Repairs and maintenance: If a repair is needed to maintain the property’s habitability, landlords must provide advance notice. For example, if a plumbing issue arises, a landlord must give tenants at least 24 hours’ written notice before sending someone to perform repairs.
- Inspection of the property: Landlords are permitted to inspect the property, but they must give prior notice and ensure the inspection is done during reasonable hours.
These regulations provide tenants with peace of mind and prevent landlords from entering at arbitrary or inconvenient times. Tenants who believe their landlord has violated this rule may file a complaint with the California Department of Consumer Affairs.
Example: In one case in San Francisco, a tenant successfully sued their landlord for repeatedly entering their apartment without notice. The landlord was ordered to pay damages and refrain from entering the apartment without following proper procedures.
Retaliating Against Tenants
California law offers strong protections against retaliation. California Civil Code Section 1942.5 prohibits landlords from retaliating against tenants for engaging in protected activities. This includes actions like filing complaints about the rental property’s condition, requesting repairs, or asserting other legal rights, such as organizing a tenant union or joining a class-action lawsuit.
Examples of retaliatory actions that are prohibited include:
- Increasing rent: If a tenant files a complaint regarding health and safety issues, and the landlord raises the rent in response, this may be seen as retaliation.
- Evicting a tenant: A landlord cannot attempt to evict a tenant for asserting their rights, such as requesting repairs or participating in a tenant rights organization.
- Reducing services: A landlord may not reduce essential services, like hot water or heating, in response to a tenant’s complaints. For instance, in Los Angeles, a tenant filed a lawsuit after their landlord cut off access to heat following multiple complaints about maintenance issues. The court ruled that this constituted illegal retaliation.
- Harassment: Repeatedly entering the tenant’s property without cause, sending threatening notices, or making life uncomfortable for the tenant can also be considered retaliation.
Tenants have the right to defend themselves against such actions, and if retaliation is proven, tenants can file a lawsuit and potentially recover damages, including any rent increases or penalties related to the eviction or actions taken by the landlord.
Discriminating Against Tenants
Under both California’s Fair Employment and Housing Act (FEHA) and the federal Fair Housing Act (FHA), landlords cannot discriminate against tenants based on certain protected categories, including:
- Race or ethnicity: Landlords cannot refuse to rent to someone or treat them unfairly based on their race or national origin.
- Disability: Tenants with disabilities must be provided reasonable accommodations, such as allowing a service animal or modifying the apartment to meet their needs. A landlord may not deny rental to a disabled tenant or impose unfair conditions. For instance, in a well-publicized case in San Diego, a landlord was ordered to pay $10,000 in damages after denying a tenant with a visual impairment the right to bring a guide dog into their rental unit.
- Sex, gender, or sexual orientation: Landlords are prohibited from discriminating based on gender or sexual orientation. The same applies to gender identity and marital status. A landlord cannot refuse to rent to someone because they are LGBTQ+ or impose different terms for them than for other tenants.
- Familial status: Landlords cannot refuse to rent to families with children, and they cannot impose stricter terms or rental restrictions on them. An example of this discrimination might be a landlord who refuses to rent to a family with young children because they believe children will cause damage to the property.
If tenants believe they are being discriminated against, they can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD). Landlords found guilty of discrimination can face heavy fines, and may be required to compensate affected tenants for damages, including emotional distress.
Failing to Maintain Habitable Conditions
In California, landlords have an implied warranty of habitability, meaning they are legally required to ensure that the rental property is safe, clean, and functional. Under California Civil Code Section 1941.1, landlords are responsible for keeping the premises in a condition that is fit for human habitation.
Some specific conditions that landlords are required to address include:
- Structural issues: A landlord must fix things like leaking roofs, cracked walls, or broken windows that could pose safety hazards.
- Sanitary conditions: Landlords must provide and maintain plumbing, sewer systems, and waste disposal services that meet health and safety standards. This includes ensuring that water is clean and safe for drinking.
- Heating: Landlords must provide a safe and functional heating system, particularly in colder months, to ensure tenants’ health and safety.
Tenants who experience issues with the habitability of their rental unit can send a written request for repairs to the landlord. If repairs are not made within a reasonable timeframe, tenants may be entitled to withhold rent, or in extreme cases, they may have the right to terminate the lease. Tenants can also report violations to the local building department or pursue legal action.
Example: In a case in Fresno, a tenant won a lawsuit after the landlord failed to fix broken plumbing for several months, which led to mold growth and water damage. The tenant received compensation for the repairs and for living in an uninhabitable unit.
Charging Excessive Security Deposits
California law sets strict limits on how much a landlord can charge for a security deposit. For an unfurnished rental, the deposit can be no more than two months’ rent; for furnished rentals, the limit is three months’ rent. Landlords may use the deposit to cover unpaid rent or the cost of repairing damages beyond normal wear and tear.
After a tenant moves out, landlords must return the deposit within 21 days. They must also provide an itemized statement outlining any deductions for cleaning, damages, or unpaid rent. If a landlord fails to return the deposit or provide an itemized statement, the tenant may file a claim in small claims court.
For example, in one high-profile case in Oakland, tenants were able to recover their entire security deposit after their landlord failed to provide the required statement outlining deductions for cleaning and repairs. The court ruled in favor of the tenants, emphasizing that landlords must comply with the law.
Changing the Locks or Shutting Off Utilities
➢ Self-help evictions, such as changing the locks or shutting off utilities, are strictly prohibited in California. Landlords may not use these tactics to force a tenant to move out or punish them for non-payment of rent.
California law mandates that landlords follow formal legal processes for eviction, which include providing proper notice and obtaining a court order before evicting a tenant.
Example: In a well-known case in Los Angeles, a landlord was fined after changing the locks on a tenant’s apartment without notice. The court ruled that this was an illegal eviction, and the tenant was awarded damages.
➢ Raising Rent Above Legal Limits
California has specific laws governing how and when landlords can raise rent. In cities with rent control ordinances, such as San Francisco, Los Angeles, and Berkeley, there are strict limits on how much rent can increase, typically tied to inflation rates or a set percentage each year. Even outside rent-controlled areas, the California statewide rent control law under the California Residential Rent Control Law (AB 1482) limits annual rent increases for most residential properties built before 2005 to no more than 5% of the current rent or $100 per month, whichever is greater.
Tenants who believe their rent increase exceeds legal limits can challenge it in court or seek assistance from local tenant advocacy groups.
Common Misconceptions and Lesser-Known Protections
Many tenants are unaware of lesser-known protections available to them under California law. For instance:
- Tenant unions: Tenants have the right to form and join tenant unions without fear of retaliation from their landlord.
- Tenant complaints: Tenants can file complaints with local housing authorities if the landlord fails to meet habitability standards or engages in unlawful practices.
- Eviction without cause: In areas with rent control, landlords cannot evict tenants without just cause.
Frequently Asked Questions
➢ Can a landlord inspect a property without the tenant present? Landlords must give written notice and ensure inspections occur during reasonable hours with tenant consent, unless it’s an emergency.
➢ What can a tenant do if a landlord refuses repairs? Tenants may withhold rent, hire a contractor, or take legal action if the landlord refuses to make necessary repairs.
➢ Can a landlord increase rent after a complaint? Increasing rent in retaliation for a tenant’s complaint is illegal under California’s retaliation laws.
Conclusion
As we’ve seen, California’s landlord-tenant laws provide tenants with a broad range of protections, ensuring they are treated fairly and safely. Understanding the boundaries of what landlords legally cannot do is critical for protecting both tenant and landlord rights. If you’re unsure about a specific situation, it’s important to seek legal counsel or consult with a property management expert to avoid costly mistakes.
Turn Your Passion for Property Management Into Profit
Join our franchising program and learn how to become a successful property manager. We provide all the training and support you need to build your business. Learn More About Franchising Opportunities and take the first step today!
Let us handle the day-to-day operations while you enjoy hassle-free ownership. From tenant relations to maintenance, we’ve got it covered. Contact Us! Today to learn more about our property management services!
