It is essential to be aware of landlord and tenant laws because they can impact how one lives. It does not matter whether you are a tenant or a landlord. Both require an understanding of one’s role and the other’s role. Landlords are responsible for ensuring the property is safe and adequately maintained. Tenants are responsible for following the guidelines laid out in the lease agreement and paying rent in a timely fashion.
Tenant’s Fundamental Legal Rights
All tenants are entitled to rights, and these rights are present no matter the circumstances. These rights are the following:
- The right to sue a landlord for violating the law or rental agreement
- The right to have a security deposit returned at the end of the tenancy unless it is used for lawful purposes
- Limitations on the landlord’s ability to enter the property (further details below)
- The right to have severe problems with the unit repaired
- The right for certain repair costs to be deducted from the rent
- The right to withhold rent if the landlord does not repair severe defects that breach the implied warranty of habitability
- The right to not be evicted due to superfluous retaliation
Landlord Disclosures
Landlord disclosures consist of information that the landlord is required by law to inform the renter of. A relationship between a landlord and tenant is most successful when there is clear communication. Hence, a landlord needs to be honest with a potential renter about defects.
The list of landlord disclosures includes the following:
- Lead-based paint — primarily if the unit was constructed before 1978
- Asbestos
- Carcinogenic materials
- Drug contamination
- Periodic pest control treatments
- Demolition permit
- Military base or explosives
- Death in property
- Condominium conversion project
Can a landlord randomly inspect the property I’m renting?
Landlords can legally access an occupied rental property but only for particular reasons. California Civil Code Section 1954 states that landlords may enter the premises in the following situations:
- In case of emergency
- To make necessary or agreed on repairs, decorations, or improvements
- Moved out or abandoned
- If the tenant has not renewed their lease, the landlord has the right to show the property to prospective tenants.
- Pursuant to a court order
Except for emergencies or when the tenant has surrendered the premises, the landlord may not enter outside regular business hours unless the tenant provides prior consent. The landlord must also give the tenant reasonable notice in writing of their intent to enter during regular business hours. Reasonable notice is generally considered six days before the intended entry. The law further states that the landlord “may not abuse the right of access or use it to harass the tenant.”
Can I sue my landlord for not fixing the property I rent?
As laid out in the tenant’s fundamental legal rights, renters can sue the landlord for violations of the law or the lease agreement. You can sue your landlord for not fixing the property if it does not meet the implied warranty of habitability.
The implied warranty of habitability means that the landlord is legally responsible for repairing defects that strongly impact the property’s ability to be inhabited safely. The landlord must ensure the unit complies with state and local building health codes. They must make you aware of anything listed in the above landlord disclosures list.
Conditions that make a property legally uninhabitable include the following:
- Ineffective waterproofing and weather protection
- Ineffective heating system
- Absence of natural lighting in every room via window or skylights
- Lack of or ineffective smoke detectors
- Inadequate trash receptacles
- Ineffective plumbing facilities
- Unsanitary building
- Main entry doors that do not have locks
Implied warranty of habitability is not violated simply because the property is not in pristine conditions or because of minor violations. There are likely to be drawbacks with every property. The main essence of habitability is whether it is reasonable to expect an individual to tolerate the conditions.
The landlord must do enough maintenance work to ensure that the property is liveable. It should be stated in the rental agreement if the landlord or tenant is responsible for petty repairs. The landlord must make all necessary repairs. However, a tenant does not have the standing to sue if the damages they expect the landlord to repair were caused by the tenant, the tenant’s family, or their guests.
How Much Notice Should I Give my Landlord if I Plan on Moving Out?
If you are a tenant and want your periodic rental agreement, it is essential to provide your landlord with proper written notice before moving out. It must be the same amount of notice as there are days between rent payments. For example, if rent is paid monthly, the tenant must provide the written notice at least 30 days before the move-out day, but it may be different depending on what is explicitly stated in the contract. At any point during the rental period, you can inform your landlord of your plans to move out, but you must continue to pay rent during this time.
At the end of the rental period, the tenant has the right to have their security deposit returned unless it is used for lawful purposes. At the beginning of the lease, the both parties should perform an initial inspection to see any defects with the property and then perform another after the tenant moves out to see if any damages have occurred. California Civil Code Section 1950.5(b) states that a landlord may use a tenant’s security deposit for the following reasons:
- Unpaid rent
- Cleaning the property once the tenant, as mentioned earlier, moves out, but only to make it as clean as it was on the day the tenant moved in
- To repair damages caused by the tenant. This does not include normal wear and tear.
- Restoring or replacing furnishing or personal items, such as keys.
These are the only instances when a landlord can withhold specific security deposit amounts.
Eviction and Terminating Tenancy Laws
Eviction can cause severe damage and distress to one’s life, so knowing when a landlord is legally entitled to evict you is imperative. If your landlord does attempt to evict you wrongfully, there is standing to file a lawsuit. For example, if rent is paid monthly, the landlord must provide the written notice at least 30 days before the move-out day.
A just cause eviction is a valid reason for terminating one’s tenancy contract under the law. Essentially, this rule attempts to ensure that people are not unfairly evicted.
If the tenant has done any of the following, then the landlord has legal standing to evict.
- Not paying rent after receiving a notice to do so
- Violating the rental lease contract
- Staying on the premises despite not having a lease
- Staying on the premises when the lease has expired
- Causing damage or violating the property
- Interfering with the safety of the landlord or other residents
- Landlord desires to remove the unit from the rental market
For the landlord to evict a tenant, they must file an unlawful detainer lawsuit. The tenant is guaranteed a right to a court hearing if there is reason to believe the landlord did not have the standing to evict the tenant. The landlord must use court procedures in the eviction process and cannot remove or lock out the tenant in the meantime.
Eviction is different than terminating a tenancy, which landlords have the right to do. A landlord has the legal right to terminate a month-to-month tenancy by issuing an advance written notice of 30 or 60 days. This is considered enough time for a tenant to find a new place to rent.
Suppose the tenant has acted, such as failing to pay rent, violating the lease agreement, damaging the property, or breaking the law. In that case, the landlord can terminate the contract and give the tenant three days’ advance written notice to move out.
If you have not engaged in any of these actions and your landlord is attempting only to give you three days’ advance written notice for tenancy termination, then it is likely an illegal termination.
How Often Can a Landlord Raise Rent In California?
With rent prices increasing, it is essential to know how often a landlord can raise the rent to determine if you can afford to rent the property. Rent control may be one way to help you determine if you can afford to consistently pay rent on time since it limits the rate of increase.
California Rent Control Laws
Rent control is a way of limiting rent in a city or state. It places a cap on the amount a landlord can demand renting or leasing their property. In California, rent control laws vary by municipality, but the public can easily access this information by going to your local government’s website. Rent cannot be increased unless a new provision is added to the lease agreement and provide prior notice.
The goal of rent control is to try to have a base of affordable housing. In 2019, the Governor signed into law the Tenant Protection Act, which limits rent increases and took away the right of landlords to evict tenants without just cause. It states that it will “prohibit an owner of residential real property from, for any 12 months, increasing the gross rental rate for a dwelling or unit more than 5% plus the percentage change in the cost of living, as defined, or 10%, whichever is lower, of the lowest gross rental rate charged for the immediately preceding 12 months.” This law does not override local rent control laws that are more restrictive. This law, unless renewed, will expire in 2030.
To sum it up, a landlord can increase the rent, but it has to be within the parameters set out by the Tenant Protection Act.
Can I Sue my Landlord for Raising my Rent?
It depends. California rent control laws make it so rent may be increased twice within 12 months. If your landlord is increasing rent beyond the parameters of the Tenant Protection Act, then there is standing to sue. However, if it is within the parameters, there probably is no reason to sue.
Furthermore, if your landlord is attempting to evict you but does not have just cause, this is also illegal and is standing to file suit.
If it is explicitly stated in the rental agreement/contract that rent will not increase, but the landlord still decides to increase rent, then there may be standing to sue.
If the rent increases, but your landlord does not provide 60 days written notice, this may also be standing to sue.
Contact Pride Legal
If you or a loved one has been involved in an eviction or tenancy dispute, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.