Legal Requirements: What Landlords Need to Know

1. California Civil Code §§ 1925–1954.1; 1961–1995.340

These sections encompass the primary state laws governing landlord-tenant relationships, covering topics such as lease agreements, rent, deposits, habitability, and eviction procedures.

2. Tenant Protection Act of 2019 (AB 1482)

This law imposes statewide rent control and just cause eviction requirements for many residential properties built before 2005. It limits annual rent increases to 5% plus inflation (capped at 10%) and outlines permissible reasons for eviction.

3. Security Deposit Regulations

Under California law, landlords may collect a security deposit up to two months' rent for

unfurnished units and three months' rent for furnished units. Deposits must be returned within 21 days of tenant move-out, accompanied by an itemized statement for any deductions.

4. Required Disclosures

Landlords must provide tenants with specific disclosures, including:

Lead-Based Paint Disclosure: For properties built before 1978, landlords must disclose known lead-based paint hazards.
Mold Disclosure: If the landlord knows or has reason to know of mold that exceeds permissible exposure limits or poses a health threat, this must be disclosed.
Pest Control: Notification of any pest control treatments must be provided.
Shared Utilities: If utilities are shared among units, landlords must disclose how costs are allocated.
Sex Offender Database Notice: Landlords must inform tenants about the availability of the Megan's Law database.

5. Fair Housing and Anti-Discrimination Laws

California law prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, source of income, and other protected classes. Landlords must treat all applicants and tenants equally.

6. Habitability Standards

Landlords are required to maintain rental properties in a habitable condition, ensuring that plumbing, heating, electrical systems, and structural elements are safe and functional. Tenants may have the right to withhold rent or make repairs and deduct costs if landlords fail to address serious issues.

7. Entry and Privacy Rights

Landlords must provide at least 24 hours' written notice before entering a rental unit, except in emergencies. Entries should occur during normal business hours and for legitimate reasons, such as repairs or inspections.

8. Eviction Procedures

To evict a tenant, landlords must follow legal procedures, including providing appropriate notice:

3-Day Notice: For nonpayment of rent or lease violations.
30-Day or 60-Day Notice: For no-fault terminations, depending on the length of tenancy.

Landlords cannot engage in "self-help" evictions, such as changing locks or shutting off utilities.

9. Retaliation Protections

Landlords are prohibited from retaliating against tenants who exercise their legal rights, such as complaining about habitability issues or joining tenant unions. Retaliatory actions can include rent increases, eviction notices, or service reductions.

10. Local Ordinances

Many cities in California have additional rent control laws and tenant protections. Landlords should consult local regulations to ensure compliance with city-specific requirements.