California Landlord Lawyer

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It is very important before renting a property to be aware of your rights and responsibilities as a tenant. Laws vary from state to state, although they are generally very similar. The following guidelines, specific to California, will help you have a successful renting experience.

How Much of a Security Deposit Can a Landlord Charge, and Can They Refuse to Return it When the Tenant Moves Out?

A landlord, under California Civil Code Section 1950.5, is not allowed to charge any more than two months’ rent as a deposit for an unfurnished unit, and three months’ rent for a completely furnished one. If you have paid your rent for each month that you have resided in the property and you wish to move without breaking a lease agreement, you should furnish the landlord with a thirty-day notice as a courtesy. The landlord has to advise you of your right to a preliminary inspection of the unit during the last two weeks before you move out. You should be present for this inspection and the landlord should give you a written list with repairs and expected costs if any are found. You, as the tenant, have the right to make any repairs yourself and clean the unit before you leave. In turn, if the landlord is attempting to charge you with damages or cleaning issues which you did not cause, or which were there when you moved in, you should inform the landlord of such, get any statements from witnesses who know this was not your responsibility, and take pictures before you move out.

You may leave the keys in the unit when you vacate. Also, the landlord must return your security deposit within twenty-one days after the last day in which you resided on their property. Any legitimate repair deductions must be itemized and sent with your refund. If your landlord does not adhere to these rules regarding your security deposit, you may sue in small claims court.

As a Tenant, Can I Be Evicted Without Notice or Cause?

The eviction process is rather complicated and varies from state to state. However, the landlord may evict a tenant for nearly any reason if the proper procedures are followed. Some reasons which may cause you to be evicted even with a lease are: nonpayment of rent, lease violations, obvious and purposeful damage, unlawful acts within or upon the premises, noise complaints, and interference with other tenants. Under any of these situations, a three-day notice is all that is necessary to remove a tenant from the unit. After notice is given, the landlord is required to give you an opportunity to correct the non-payment or the problem, and also give you complete contact information and hours in which to do so. It really does not help to attempt to hide from the landlord so that notice cannot be served, as it can be tacked to the door, dropped off at your place of work, or given to anyone at the residence over the age of 18. If you do not answer the notice and request a hearing to show just cause why you should not be evicted, the eviction will commence and you will be removed from the property. Your landlord must follow proper procedures, but it is possible that if you truly are not complying with the terms of your lease, not paying the rent, or conducting dangerous or illegal activities at the unit, you could face a lockout and removal by the sheriff’s department.

If you are renting without a lease on a month-to-month basis, the notice does not have to state the eviction reasons. It could range from anything to updating the property to a real estate sale, or wanting your unit vacant for another tenant. However, an eviction can never be for discriminatory reasons or in retaliation of some sort. If you have resided in the unit for less than a year, a 30-day notice is sufficient. However, tenants who have resided there longer need to receive a 60-day notice.

If you refuse to move after these proper procedures for eviction have been followed, the landlord will file an unlawful detainer lawsuit in superior court. If you, as the tenant, cannot show that the landlord is discriminating or that the claims are false, you will more than likely face immediate eviction.

Can My Landlord Enter My Home Whenever They Wish?

In a word, no. Landlords to not have the right to simply drop in unannounced without a purpose, or even with one if the situation is not an emergency. Your landlord must make an appointment with you for a convenient time to perform repairs or an inspection of the premises. You do, however, need to comply with this request or after a reasonable period of time, the landlord has the right to enter anyway without your permission. The landlord also has the right to make an appointment with you to show potential buyers the property or potential renters if you are leaving or being evicted. The landlord must provide you with a twenty-four hour notice before entering to conduct normal business, and it must be during normal business hours, not in the middle of the night.

If a landlord is repeatedly violating the set standards and codes for proper entry, you should first confront the situation and ask that this behavior not continue. This may also give you the right to simply move without notice if the landlord repeatedly violates your privacy after being told to stop. Lastly, a lawsuit may be the only remedy in some cases to terminate this type of repeated invasion.

What Can I Do if My Landlord Won’t Make Repairs to My Unit?

In California, Civil Code 1941.1 gives general guidelines as to what a landlord is required to repair. For example, paint colors which you do not like or worn out carpeting is not a reason to demand a repair. You can request a change of these items, but the landlord is under no obligation to do so unless they are clearly damaged. A landlord is required, however, to repair anything that interferes with your daily living capabilities and also items which may endanger your health. A landlord is also obligated to ensure your safety outside of the unit if certain unlawful practices are taking place on the property, such as gang activity or the dangerous and illegal actions of other tenants. Landlords are required to repair or update lighting, structure, appliances (if they come with the unit), any foul odors or pests, trash around the unit which does not belong to you, broken locks, even noise issues.

You should make a list of anything and everything which you feel is the landlord’s responsibility to correct and present it to them. If the repairs do not take place, you should write a letter according to the guidelines of Civil Code 1942 stating that you are moving out due to unhealthy conditions. Make sure to take pictures of anything which you feel should not be left unattended. Take good notes in case you have to appear in court regarding these issues. Also, if you feel the unit violates health and building codes, call an inspector to come out and view the damages. Generally, if you are correct in that items need attention, the landlord will be given a citation for repairs to be made within 30 days or face severe penalties and fines. You can also make some repairs yourself, but be certain to keep a valid repair list noting what the issue was, where it was located, when it started, how it impaired your living conditions, and what you paid to fix it. You may not immediately withhold rent for repairs, but if the situation becomes bad enough and is considered not habitable and illegal due to the infractions, you may then do so. At times, it may be necessary to sue your landlord or ban together with other tenants suffering the same circumstances and file a joint lawsuit to force the necessary repairs and upgrade of living conditions.

Can the Landlord Raise the Rent Anytime They Wish?

If your lease doesn’t give provisions for rent increases and states a monthly rental rate for the period of the lease, the landlord cannot usually alter that arrangement. However, if you rent on a month-to-month basis, your landlord can raise your rent less than 10% with a 30-day notice or 10% and up with a 60-day notice. When a landlord does not give proper notice for a rent increase, the tenant usually doesn’t have to pay it right away until proper notice is given, but it is very important to continue paying your old rental amount on time.

The landlord cannot raise your rent to force you out for discriminatory reasons or in retaliation against you for asking for repairs or making legitimate complaints about the unit or other tenants. You can refuse to pay the increase if you are certain that it has occurred in this manner. You should also contact the housing authority and file a report detailing the situation before your landlord takes action, such as an eviction notice, against you for non-compliance.

If you live in a rent-controlled area, then the landlord must abide by the control guidelines before raising rental fees. Several cities and areas have different rules, so it is always wise to contact your local housing authority when you are presented with this type of notice.

When renting out property, there are many different laws that apply to how you manage that property and your tenats. Many of these laws vary from state to state, although they are often very similar. Here are some common questions and answers, specific to California, that you may have as a Landlord.

Under What Circumstances Can a Landlord Utilize a Tenant’s Security Deposit?

The security deposit, determined at the time the unit is rented, may be utilized for several different circumstances. The funds can be utilized to compensate for rent which remains unpaid; damages to the property caused by the tenant may be covered with the deposit money, as long as it does not include ordinary wear and tear; the cleaning of the unit may be deducted from the security deposit upon termination of the tenancy, but this may only be done to the extent of returning the unit to the same condition as when it was rented; and the deposit may also be used to replace any property belonging in the unit which was damaged or the tenant may have taken with them upon moving.

It is also important to note that with the exception of a few local ordinances, the landlord is not required under California law to pay interest on the security deposit when it is returned to the tenant.

When May a Landlord Enter a Unit?

Generally, a landlord must give the tenant proper notice before entering the unit unannounced, attempting to set up a convenient time for a repairs or inspection. However, there are some situations where this rule does not apply. According to the California Civil Code Section 1951.3, if the rent remains unpaid for 14 consecutive days and the landlord believes the unit to be abandoned, a Notice of Belief of Abandonment must be sent to the tenant. If the tenant does not respond, the landlord has every right to inspect the property. Upon entering the unit, the landlord should make note if there are still personal belongings there, if food appears to be fresh, if the electricity and/or telephone services remain active, or if the unit appears to have been vacated. If the unit indeed appears to be abandoned, the landlord has the right to prepare it for a new tenant Additionally, if the tenant remains unresponsive to repeated entry requests, a landlord may enter the unit at any reasonable time (in California during normal business hours) and in a peaceful manner to handle suspected issues within the unit. The landlord may also enter at any time during an emergency situation, such as a gas leak, fire or damage occurring in the unit like a leaking sink or water heater unattended. However, at no time should a landlord enter a unit if the tenant is home and stating the landlord is to stay out. If the landlord suspects foul play or immediate danger, he or she should immediately contact the proper authorities to gain entry.

How Should a Landlord Legally Evict a Tenant?

Tenants may be evicted for a number of reasons, but the property procedures must be followed. Some events, which may cause an eviction, are: nonpayment of rent, lease violations, obvious and purposeful damage, unlawful acts within or upon the premises, and interference with other tenants. Under any of these situations, a three-day notice is all that is necessary to remove the tenants from the unit. The notice must give complete contact information for paying overdue rent; times in which the landlord may be contacted to receive the rent in person; or another location and hours where the rent may be dropped off. If other circumstances apply, such as unlawful acts or severe damage, the problems should be listed in writing within the notice. Any notice must be given to the tenant personally at home or work, or if the tenant cannot be located, mailed to the home address. Notice may also be personally given to anyone at the residence or place of business over the age of eighteen. The notice may also be tacked on the front door of the rental unit as well as mailed as detailed in the Code of Civil Procedure Sections 1161(2)-(4).

Should an eviction be necessary under a month-to-month rental agreement, the landlord only has to serve a written 30 or 60-day notice. This notice does not have to state the eviction reasons. However, an eviction can never be for discriminatory reasons or in retaliation of some sort. A tenant who has been in the unit for only a year or less does not require more than a 30-day notice, but tenants who have resided there longer need to receive a 60-day notice.

If the tenant refuses to move after these proper procedures for eviction have been followed, the landlord should file an unlawful detainer lawsuit in superior court. As a landlord, this process must be followed, as lockout and physically attempting to remove the tenant without proper court guidance, is not legal.

As a Landlord, How Much Notice Do I Have to Give to Raise the Rent?

If you wish to raise your tenant(s)’ rent less than 10% of their current rent, a 30-day notice is sufficient. If the rent is to be raised by 10% or more, then a 60-day notice is required. Before making any type of rent increase, be certain that the building you own is not in a rent-controlled area. If the building is not rent controlled, then theoretically, you can raise the rent to any amount you like, but it is wise to keep in mind that raising it to outrageous amounts for the area may cause you to lose tenants and income. Also, you may not violate conditions of a signed lease during the leasing period regarding rental payments unless a notification of increase provision was included. These provisions are set forth in Civil Code Section 8.27.

In some cities in California where rent control is in effect, the landlord is not allowed to raise the rent more than 5% per year with an additional 1% for electric costs and 1% for gas costs if those are included in the rent payment.

Can I, as a Landlord, Limit or Restrict Pets?

Generally, a no pets rule is perfectly legal. However, as a landlord, you should be careful about service animals. If a disabled person is fully capable of renting one of your units and the layout of the unit does not restrict their use of the same, a service animal should be permitted or you may find a discrimination issue if refusing to rent to them. Also, usually fish or contained pets not hampering or damaging the premises can be allowed, even in the event of a no pets rule. This does not include contained exotic pets. If you do allow pets in your units, the lease or rental agreement should list each pet, and no new or replacement pets should be allowed without your approval. All tenants should be responsible for cleaning up after their pets and accepting responsibility for any damage their pets might cause, or the problems should be noted and the tenant charged for the same.

As a Landlord, How Much Discretion Can I Use in Deciding Who to Rent To?

Naturally, you may use your own personal judgment in choosing a tenant, but you cannot discriminate in any way against religion, group affiliation, sexual orientation, marital status, gender, nationality, race, color, medical issues or suspected connections to persons within these groups. Additionally, once you do rent to various individuals, you are not allowed to hold up rules for one tenant that other tenants do not have to comply with based on any of these discriminatory areas.

You are always within your rights to select tenants based on their reference checks, work history, and even credit report. It is always a good idea to perform a credit check on potential tenants to avoid non-payment problems in the future. You may also refuse to rent to someone who insists on having animals if none are allowed in the building and the lease/agreement states the same.

California tenant forms are certainly the same as in any other states. However the California is supposed to be very prosperous state and the crime rate is quite low. That is why you will find many landlords going for the oral agreement out here. But is that correct? This is certainly one question which everybody would like to ask. The answer is quite simple. Unless and until you do not know the person properly, you should not give him the property on rent without written agreement.

The landlords as well as the tenant in California are certainly quite relaxed as the law and order is quite of high quality. It is the Sarasota or it is the San Francisco or it is the Oakland, you will find all of them to be quite peaceful. The tenant form is easily available. You can find it on various websites. It cost around $50.

The next thing which you will have to think is the real estate agents. The real estate agents are the busiest persons in California. Let me tell you one thing that you will certainly find them to be very helpful as well. You might get the tenant form on rent from various websites. But you should have enough time to think about it and realize that how you are going to fill them. Let me tell you one thing that you will certainly be asked to show the lease agreement form as a landlord if you questions that you the tenant has cheated you.

So why are you waiting and wasting your time. Go and get the lease form signed by the tenant if you are the landlord. For doing that, you will have to follow the following process.

The process goes like this:

The first thing which you will have to do is to check the websites and find that from where you can get the landlord tenant form. Once you get the landlord tenant form then you will have to go for the second step. The second step deals with the contact with the real estate agent. The real estate agent is the one who can guide you through the whole process. The third step is to follow the procedure being explained by the real estate agent. In this way you will get your job done.

So these are some of the facts about the California landlord tenant form. You will have to make sure that you buy it and get it signed by the tenant. It is for your help.