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California Tenant Rights

Quick Guide to California Tenant Rights

What are CA Tenant Rights?

There are large and detailed instructions describing California tenant rights on California’s official website for the Department of Consumer Affairs.  There is a link to the website through the U.S. Department of Housing and Urban Development’s website.  Since there is an abundance of information on California tenant rights, the following article will describe rights that are addressed by many states throughout the United States, such as:

• Unlawful Discrimination

• Dealing with problems and having repairs made

• Refunds for security deposits

• Terminations and evictions

California Tenant Rights for Unlawful Discrimination 

Under California law, a landlord, managing agent, real estate broker, or salesperson cannot deny services to a person based upon their race, color, religion, sex, sexual orientation, marital status, national origin, familial status, source of income, or disability.  If the owner of the property is an owner-occupied and they want to rent out a room, they may indicate preferences based on gender if some living areas are shared.  

Dealing with problems and having repairs made

Under the “implied warranty or habitability,” a landlord is legally responsible to make repairs that seriously affect the way of living within the unit.  Under California tenant rights, an owner must make repairs that improve major defects to the unit and improve the building to meet state and local health codes.  Under CA tenant rights, the tenant is responsible for taking reasonable care of their unit, and they must keep hallways and outside areas clean and undamaged.  Tenants must also do the following under California tenant rights:

• Operate gas, electrical, and plumbing equipment properly

• Dispose of trash in a clean manner

• Not destroy, deface, or remove any structure within the dwelling unit

• Use the premises as they were intended to be used, such as using the bedroom as a bedroom and not a bathroom

• Notify the landlord when door and window locks don’t work properly

Security Deposits

Under CA tenant rights, a landlord must give the tenant the right to an initial inspection and be present during the inspection.  Any serious damages must be repaired and other damages cannot be subtracted from the security deposit in the future.  California lets a landlord use all or a partial amount of the tenant’s security deposit if:

• There is unpaid rent

• The landlord must clean the unit when the tenant moves out to match the standard of cleanliness before the tenant initially moved in

• Damages need repaired due to negligence or simple living wear and tear

• The lease allows the landlord to use the deposit to replace other property such as keys and furniture 

Terminations and Evictions

A landlord must give tenant a proper 30-day or 60-day notice if they are planning eviction.  There are certain procedures that can view on the Department of Consumer Affair’s website.  However, under California Tenant Rights, a landlord can evict a tenant with a written 3-day notice upon the following:

• Failed to pay rent

• Violated the lease

• Damaged the property extensively

• Caused a nuisance to other tenants

• Committed domestic violence or sexual assault

• Engaged in drug dealing or made illegal drugs on the property

• Engaged in conduct involving weapons or ammunition

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