Being a landlord in California comes with rules and responsibilities. These rules are important to make sure that tenants (people who rent homes) are treated fairly. If you are renting a home, it’s helpful to know what a landlord can and cannot do. This way, both the landlord and the tenant can live in peace without any trouble. In this article, we will talk about what a landlord cannot do in California to make things easier for you to understand. We’ll also look at the laws that protect renters in California.
1. Landlords Cannot Discriminate
One of the most important rules for landlords is that they cannot discriminate. This means that a landlord cannot treat someone differently just because of their race, color, religion, gender, family size, disability, or where they come from. For example, if someone has children or is from another country, a landlord cannot refuse to rent to them because of that.
The Fair Housing Act and California’s Fair Employment and Housing Act protect renters from discrimination. These laws make sure everyone has an equal chance to find a place to live. If a landlord tries to say no to a renter because of these reasons, they are breaking the law. Also read What a Landlord Cannot Do in California
Real-Life Example:
Let’s say someone is looking to rent an apartment, but they have a disability. The landlord cannot say no just because they are disabled. In fact, the landlord might even have to make changes to the property to make it easier for the disabled person to live there. For example, they may need to add a ramp for a wheelchair.
2. Landlords Cannot Refuse Repairs
If you live in a home that has broken things, like a leaky roof or a toilet that doesn’t work, your landlord cannot refuse to fix it. Every landlord must keep their property in a good, safe condition. This is called the “implied warranty of habitability,” which means that every rented home must be livable.
So, if there is something wrong with your home, and it’s something that could make it unsafe or unhealthy, the landlord has to fix it. This includes problems with plumbing, electricity, heating, or anything else that could make the home unsafe.
Real-Life Example:
Imagine you have been living in your apartment, and suddenly, the water in your bathroom stops working. The landlord must repair it as soon as possible. If they don’t, you have the right to ask for a rent reduction or even make the repairs yourself and ask the landlord to pay you back.
3. Landlords Cannot Enter Your Home Without Notice
Your home is your private space, and a landlord cannot just enter it anytime they want. In California, a landlord must give you at least 24 hours’ notice before coming into your home. This is to respect your privacy and make sure you are comfortable. There are a few exceptions, like emergencies, but for regular check-ups or repairs, landlords need to tell you ahead of time.
They can only come in for specific reasons, like making repairs, inspecting the property, or showing the home to new renters. But even then, they need to give you proper notice.
Real-Life Example:
If your landlord wants to show your apartment to someone who might rent it after you leave, they have to give you a written notice at least one day in advance. They can’t just show up at your door without telling you.
4. Landlords Cannot Raise Rent Without Notice
If you are renting in California, landlords cannot raise your rent whenever they want. There are laws that control how much a landlord can increase rent and how often. Under the California rent control laws, landlords must give renters a notice if they want to raise the rent.
The law says that for most tenants, rent cannot go up by more than 10% in a single year. If the landlord does want to raise the rent, they have to give a 30-day notice for small rent increases and a 90-day notice for bigger ones. So, you always have time to prepare for any changes in your rent.
Real-Life Example:
If your rent is $1,000 a month, your landlord cannot just suddenly decide to make it $1,500 next month. They must follow the rules and give you proper notice. They also have to stick to the limits set by the rent control law.
5. Landlords Cannot Evict You Without a Reason
In California, landlords cannot evict you without a good reason. They can’t just tell you to leave for no reason. The law is clear about when a landlord can evict a tenant. This includes reasons like not paying rent, breaking the rental agreement, or causing serious damage to the property. Even then, the landlord must give you notice and follow legal steps to evict you.
If the landlord wants to evict you for not paying rent, they need to give you a three-day notice to pay or leave. For other reasons, there are different types of notices they must give you before they can file for eviction.
Real-Life Example:
Let’s say you have been paying your rent on time and following all the rules in your rental agreement. Your landlord cannot tell you to move out unless they have a legal reason. If they do try to evict you without cause, you can fight it in court.
6. Landlords Cannot Charge Extra Fees Unfairly
A landlord cannot charge you random or unfair fees. For example, if you pay your rent on time, they can’t suddenly charge you an extra fee for something that wasn’t in your rental agreement. All fees need to be clearly explained when you first sign your lease.
There are also limits on how much a landlord can charge you for a security deposit. In California, for an unfurnished home, the landlord can only ask for up to two months’ rent as a security deposit. For a furnished home, it can be up to three months’ rent.
Real-Life Example:
If your rent is $1,000 a month, your landlord cannot charge you $5,000 as a security deposit. They must stick to the limits set by the law, which would be $2,000 for an unfurnished place. Also, if they try to charge you a random “cleaning fee” that wasn’t mentioned before, you can refuse to pay it.
7. Landlords Cannot Retaliate Against You
If you make a complaint about something that needs fixing, the landlord cannot retaliate by raising your rent or trying to evict you. Retaliation means punishing you for standing up for your rights. In California, retaliation is illegal.
This means that if you ask the landlord to fix something, or if you file a complaint with the city, the landlord cannot kick you out, raise your rent, or make your life difficult because of it.
Real-Life Example:
Imagine you told your landlord that your heater is broken and needs to be repaired. If they try to raise your rent just because you asked for a repair, that is illegal. You have the right to live in a safe, comfortable home without being punished for it.
8. Landlords Cannot Keep Your Deposit Without a Good Reason
When you move out of a rental home, the landlord cannot keep your security deposit without a good reason. They can only keep it if there are damages beyond normal wear and tear, or if you haven’t paid all your rent.
After you move out, the landlord has 21 days to return your deposit or give you an itemized list of what they spent the money on, like repairs for any damages.
Real-Life Example:
If you lived in an apartment for a year and left it clean and in good condition, your landlord cannot keep your security deposit just because they want to. They need to return it to you unless there’s a valid reason, like fixing a hole in the wall or cleaning something beyond regular wear.
9. Landlords Cannot Force You to Move Without Notice
If a landlord wants you to move out, they cannot just tell you to leave overnight. They need to give you a proper notice. If you are on a month-to-month lease, they must give you a 30-day notice if you’ve been living there for less than a year, and a 60-day notice if you’ve been living there for more than a year.
Real-Life Example:
If your landlord wants you to move out because they are selling the house, they must give you at least a 60-day notice. They cannot just tell you to leave in a week, no matter the reason.
Conclusion
Now you know some of the important rules about what a landlord cannot do in California. These rules are there to protect renters like you and make sure you have a safe, comfortable place to live. It’s always a good idea to know your rights so that you can stand up for yourself if your landlord isn’t following the rules. If a landlord ever tries to do something that seems unfair, you can ask for help from local tenant rights organizations or legal experts. Remember, your home is your space, and you deserve to feel safe and respected!