Both state and city laws in California protect the health and legal rights of renters.
Anyone who rents a dwelling in the United States is entitled to a space that is clean, functional and safe. A combination of state, federal and municipal laws permits tenants to take legal action against landlords who violate their rights or allow a property to fall into disrepair. In addition to reporting offenders to municipal and state authorities, California renters may vacate any residence that qualifies as "uninhabitable" without penalty (even if leaving violates the terms of a lease) or sue the property owner for damages.
Repairs
While California law lacks a precise definition of what renders a dwelling "uninhabitable," any structural damage or improperly functioning equipment that came with the property may apply. Examples include broken light fixtures, poor water pressure, and holes in the walls, floor or roof. If a landlord refuses to repair or replace the damaged or non-functioning item, renters may notify the city or county, which inspect the property to determine the validity of the complaint. If the city or county decides in the renter's favor, the landlord will be required to repair or replace the item. In some circumstances, tenants may hire contractors without the landlord's consent and force the property owner to cover the costs. Renters may also withhold rent, move out without penalty, or sue the landlord for breach of contract.
Intrusions
All California renters are guaranteed a reasonable right to privacy. While the landlord may own a rental property and possess a key, he or she is not permitted to enter at any time for any reason. According to California's Civil Code 1954, property owners may enter a dwelling in the event of an emergency (such as a fire) or to conduct business (inspecting, repairing or showing the apartment to potential tenants). If the landlord is not entering in response to an emergency, he or she must provide the tenant with an advance, written notice that states both the reason for entry and the window of time (usually daytime business hours) during which the entry will occur. Tenants may sue and even make a citizen's arrest of a landlord who enters the property for any other reason.
Security Deposits and Fees
California Civil Code 1950.5 prohibits landlords from requiring a security deposit higher than two months rent for an unfurnished dwelling. Deposits on furnished spaces may not exceed three months rent. All deposits must be returned to the renter within 21 days of vacating the dwelling, though deductions may be made to cover the cost of cleaning the space for the next tenant, as well as for damages that exceed normal wear and tear. An itemized list of all deductions must be provided to the renter. A property owner who violates these terms may be sued in small claims court.
Rent Control
Rent control laws limit the terms under which a landlord may evict a tenant or increase his or her rent. Specific policies vary by city, such as in Los Angeles, where single-family homes, condominiums, and buildings built after 1978 are exempt from some rent control guidelines. Some California cities do not practice rent control at all.
Eviction
The eviction process allows a landlord to legally eject a renter from a dwelling. If a renter chooses not fight to an eviction notice, he or she has approximately 30 days from the date of notification to vacate the property. If a renter successfully contests an eviction, the landlord must allow the tenant to stay. An unsuccessful challenge typically results in an order to vacate within five days, after which the tenant is locked out.
Tags: property owner, California Civil, California Civil Code, California renters, city county, Civil Code, months rent
