CA Rental Rights:
Renters & Landlords

Know Your Rights

California Renter/Lessee Rights:

Right to Safe and Habitable Living Conditions:
- Landlords are required to provide a safe and livable environment, ensuring the property meets all health and safety codes (e.g., plumbing, heating, pest control).
Right to Privacy:
- In California, landlords must provide at least 24 hours' notice before entering a rental unit, except in emergencies. The written notice must include the date, time, and purpose of entry.
- Landlords can enter for reasons such as:
  - Repairs or maintenance
  - Inspection (to ensure the unit is in good condition or to comply with health and safety codes)
  - Showing the property (to prospective tenants, buyers, or contractors)
  - Emergency situations (e.g., fire, flood, or gas leaks)
  - Entry without notice is only allowed in emergencies.
    Otherwise, entry must occur during normal business hours (8:00 AM - 6:00 PM).
Protection from Discrimination:
- Renters are protected from discrimination based on race, gender, religion, sexual orientation, disability, or other protected classes under the Fair Housing Act and California Fair Employment and Housing Act (FEHA).
Right to a Written Lease Agreement:
- Renters have the right to a written lease agreement that outlines terms such as rent, duration, and responsibilities. If no written lease exists, renters still have a tenancy agreement under oral terms.
Right to Fair Rent Increases:
- Rent increases are capped in certain cities with rent control laws (such as San Francisco, Oakland, and Los Angeles). In general, California law prohibits rent hikes of more than 10% in any 12-month period for properties not covered by rent control.
Right to a Security Deposit Refund:
- A landlord must return the security deposit within 21 days after a renter moves out, minus any deductions for damages or unpaid rent. Deductions must be itemized (specifically shown on a list).
Right to Organize and Form a Tenant’s Union:
- Renters have the right to form or join a tenant’s union and participate in activities aimed at improving conditions.
Right to Withhold Rent or Make Repairs (Under Certain Conditions):
- Renters may have the right to withhold rent or make repairs if the landlord fails to make necessary repairs or address health/safety violations. However, tenants must follow proper procedures, including providing written notice and allowing the landlord a reasonable time to make repairs.
Protection from Retaliation:
- Renters cannot be retaliated against for exercising their rights, such as complaining about unsafe living conditions or reporting violations to authorities. It’s important to document any complaints or actions taken to ensure protection in case of retaliation.
Right to End Lease Early (Under Specific Circumstances):
- Renters can break their lease without penalty in certain situations, such as domestic violence, military deployment, or if the unit is uninhabitable. Additionally, a contract can be void if a renter was misinformed on the agreements related to what the living situation would be like.

California Security Deposit Limits:

Right to Collect Rent:
- Landlords have the right to collect rent in full and on time as stipulated in the lease agreement.
Right to Enter the Property:
- Landlords have the right to enter the rental unit with 24 hours' notice for reasons like repairs, inspections, or showing the property to prospective tenants, except in emergencies.
Right to Charge for Damages:
- Landlords have the right to deduct from the security deposit to cover damages caused by tenants, but they must provide an itemized list of deductions.
Right to Evict Tenants:
- Landlords can evict tenants for legal reasons, such as failure to pay rent, violation of lease terms, or illegal activity. Eviction must follow the legal process through the courts.
Right to Set Rent:
- Landlords can set rent for their properties, though rent increases may be subject to local rent control laws.
Right to Terminate Tenancy with Proper Notice:
- Landlords can terminate month-to-month tenancies with 30 days' notice (if the tenant has lived in the unit for less than 1 year) or 60 days' notice (if the tenant has lived in the unit for more than 1 year).
Right to Refuse to Rent:
- Landlords can choose not to rent to applicants based on valid, non-discriminatory reasons such as credit history, references, or income, as long as the decisions are in compliance with fair housing laws.
Right to Enforce Lease Terms:
- Landlords have the right to enforce the terms of the lease agreement, including pet policies, noise regulations, and maintaining the property in good condition.
Right to Demand Payment of Rent:
- If rent is not paid on time, landlords can issue a three-day notice to pay or quit to demand payment or face eviction proceedings.
Right to Adjust Lease Terms (Upon Renewal):
- Landlords may adjust lease terms, including rent, when the lease is up for renewal, with proper notice.

General Renter & Landlord Tips:

Professional Business Relationship
A landlord-tenant relationship is a professional partnership built on mutual respect and trust. Before proceeding, ask yourself if you can maintain a positive and professional connection with the other party, including any leasing agents or property managers, for the lease duration or longer.
Meet in Person
Always schedule an in-person meeting. This allows renters to inspect the property, assess its condition, and confirm that it meets their needs while mutually ensuring both parties if it is a good fit for the professional relationship.
Perform Background Checks
Both parties should conduct background checks to promote safety, alignment, and transparency.
Document Agreements in Writing
Put all agreements, clarified terms, and answers to key questions in writing. This is the negotiation phase, where items like lease duration, fees, and house rules can be finalized. Written documentation prevents misunderstandings and ensures alignment before signing the lease.
Safeguard Personal Information and Payments
Only share personal details that are directly relevant to the rental agreement or professional business relationship. Setting clear boundaries is essential. To prevent fraud, avoid sharing financial information or making payments online until all necessary steps, such as inspections and agreements, are completed.
Agree on Payment Methods
Decide on a mutually convenient payment method. Digital payment platforms are often preferred due to their efficiency and timeliness, though checks or cash may also work depending on mutual preference.
Ability to Cancel A Signed Contract
A contract may be legally voidable if it was entered into based on misleading or fraudulent misrepresentation concerning the rental unit, living conditions, or unforeseen changes to terms that significantly impact the professional business relationship.
- To ensure a valid cancellation, it is essential to act promptly if such misrepresentation is discovered. That said, prevention is always better than resolution. By thoroughly performing due diligence and following all recommended steps beforehand, you can minimize the risk of encountering such situations.
- Fraudulent misrepresentation is when a party intentionally deceives another party with false information to trick them into a contract. The innocent party can rescind the contract and claim damages.
- Misrepresentation is when a party shows untrue information as if it's true. If the misrepresentations are substantial enough, the contract may not be enforceable.

Disclaimer:

The information provided in this page is for general informational purposes only.

As a licensed real estate agent, I offer guidance on real estate transactions, but this does not constitute legal advice. Rental laws, rights, and responsibilities may vary by state, county, or municipality and are subject to change. For personalized legal advice or assistance with tenant-landlord matters, please consult a qualified attorney.

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CA Rental Rights: Renters & Landlords