California law regulates many parts of landlord-tenant relations. Find out what’s allowed and when, as well as what the consequences are for illegal landlord actions.
1. Retaliate
California landlords cannot retaliate against tenants for exercising their rights under the law. A tenant’s legal rights might include reporting violations to a local health board or withholding rent because of a landlord’s failure to make necessary repairs.
Actions that may constitute retaliation include:
- Increasing rent
- Terminating a lease
- Evicting a tenant
- Decreasing services or access to amenities
Consequences for Landlords Who Retaliate
Landlords who retaliate are at risk of having the tenant terminate the lease and sue the landlord. If a court decides the landlord has retaliated against the tenant, the following penalties may be assessed:
- Reasonable costs to move to another place
- Attorney’s fees and costs
- Injunctive relief
- Punitive damages (damages intended to punish the landlord) of $100 to $2,000 for each retaliatory act when the tenant shows fraud, oppression, or malice on the landlord’s part
When Can a Landlord Retaliate?
Under landlord-tenant law in California, there is never a time that a landlord can retaliate against a tenant for exercising their rights.
Context matters for a retaliation claim. A landlord is allowed to do things like raise the rent or evict a tenant by following the correct legal process. The law only forbids these things as a response to specific tenant actions.
2. Discriminate
Under the Fair Housing Act, landlords cannot discriminate against a tenant based on protected characteristics such as race, color, national origin, religion, sex, familial status, or disability.
Discriminatory acts include:
- Harassing tenants
- Refusing to rent and making housing unavailable to a tenant
- Setting different terms and conditions for certain tenants
- Providing different services to certain tenants
A landlord does not provide necessary repairs to a Black tenant, but provides necessary repairs to a White tenant.
Consequences for Landlords Who Discriminate
Landlords who discriminate are breaking the law and subject to legal penalties. When suing a landlord, a tenant may file a complaint with the U.S. Department of Housing and Urban Development (HUD) or may file in the federal court jurisdiction where the tenant resides.
If either HUD or a federal court decide the landlord has discriminated, the tenant may be eligible for the following remedies:
- Compensation for actual damages
- Injunctive relief
- Equitable relief such as providing alternative housing
- Reasonable attorney’s fees
- Payment of civil penalties
When Can a Landlord Discriminate?
In California, a landlord can never discriminate against a tenant, except in one instance. The exception is known as the “Mrs. Murphy” exemption.
Under the “Mrs. Murphy” exemption, an owner-occupied property with four or fewer rental units is exempt from the Fair Housing Act. A landlord in this situation can discriminate against tenants in some cases.
There is a blanket ban on a landlord discriminating against the tenant because of race. Mrs. Murphy exemption or not, a landlord never gets to discriminate against a tenant because of race.
The exemption also does not apply to rental advertisements. For example, the owner of the dwelling cannot be discriminatory in their advertisements by saying that people of a certain sexual orientation or race need not apply. The dwelling itself is exempt from some of the Fair Housing Act, but advertising isn’t.
3. Evict Without Cause
California landlords cannot evict a tenant or force them to vacate the rented premises without good cause. Good cause means a violation of a law, a regulation, or a provision in the lease.
These are the most common types of eviction for good cause:
- Nonpayment of rent
- Holding over (staying on the premises after the lease ends)
- Violating the terms of the lease
- Failing to uphold legal responsibilities
Consequences for Landlords Who Evict Tenants Without Cause
Landlords who evict tenants without good cause are liable for damages. In California, a court may award the following types of relief to a tenant for an illegal eviction:
- One month’s rent plus $500
- Reasonable costs to move to another place
- Attorney’s fees and costs
- Injunctions against the landlord
When a court finds no good cause for eviction, the judge will issue an order allowing the tenants to return to their leased premises.
Eviction Without Adequate Notice
California landlords may not evict without adequate notice. An emerging legal trend in California suggests that many properties are federally entitled to a minimum 30 days of advance notice before a landlord can file eviction for nonpayment of rent or other fees. This applies only to residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired.
When Can a Landlord Evict a Tenant?
In California, a landlord cannot legally evict a tenant without cause. Eviction requires legal grounds, such as the tenant not paying rent on time, staying after the lease ends, violating lease terms, or not upholding responsibilities under California law.
Eviction proceedings include:
- Written Notice To Vacate
- Filing of the Eviction Suit
- Judgment
- Appeal
- Writ of Possession
Ensure that the tenant has violated the lease terms prior to initiating an eviction lawsuit.
4. Increase Rent During the Lease Term
California landlords cannot raise the rent as often as they want, nor increase it by an unreasonable amount during the lease term. A rent increase will be illegal if it is done in any of three instances:
- Before the expiration of the current lease
- In a discriminatory way
- As an act of retaliation
Consequences for Landlords Who Raise Rent
Unless written into the lease, a landlord cannot increase rent prior to the end of the contract. When landlords do raise the rent for the aforementioned reasons, they will be in violation of the lease, and the tenant will be able to terminate the lease. Landlords may also be charged fines and penalties associated with increasing rent.
A landlord must ensure that rent increases are times after the lease term has ended, following any process outlined in the lease.
When Can a Landlord Increase the Rent?
A landlord can increase rent at the end of any lease term. A lease is a legal and binding contract for all valid terms, including the set monthly rent. California does not have statewide rent stabilization, so any time a lease expires, the landlord may offer the tenant an option to renew the lease at any chosen rate for rent (subject to local laws and requirements).
For a two-year lease, the landlord may raise the rent every two years. For a month-to-month lease, the landlord may raise the rent every 30 days.[/example]
5. Withhold Security Deposits
California landlords may not withhold the tenant’s security deposit for any disallowed reason.
For example, a landlord would be unable to withhold the security deposit for property damage incurred from normal wear and tear. Normal wear and tear is deterioration or damage that occurs from ordinary and responsible use of property.
Consequences for Landlords Who Withhold Security Deposits
A landlord who withholds a tenant’s security deposit will be responsible for repaying the tenant the whole security deposit amount. The landlord may also be on the hook for attorney’s fees and up to three times the amount of the security deposit.
When Can a Landlord Withhold a Tenant’s Security Deposit?
A landlord will be able to withhold a tenant’s security deposit for certain reasons. These reasons include:
- Damages caused by deliberate or irresponsible tenant conduct
- Damages not from normal wear and tear
- Unpaid monthly rent
- Unpaid utilities
- Cleaning fees at the end of the lease
- Expenses incurred in securing a new tenant
- Lease cancellation fees
The landlord must within 30 days provide an itemized list of any deductions.
6. Violate the Covenant of Quiet Enjoyment
Landlords in California cannot violate the covenant of quiet enjoyment, which is an implied term in every lease that guarantees the tenant will have quiet and peaceful possession of the leased premises.
There are several ways a landlord might violate a tenant’s right to quiet enjoyment. Some common examples of violations include:
- Entering the tenant’s premises without adequate notice
- Allowing noise or other nuisance which prevents the tenant’s proper use of the premises
- Not taking necessary precautions to keep the premises safe
- Allowing the tenant to be harassed by other tenants
- Locking the tenant out of the premises
A landlord would be in violation of the covenant of quiet enjoyment if they allow one tenant to yell racial slurs at another tenant every day.
Consequences for Landlords Who Violate the Covenant of Quiet Enjoyment
There are different recourse options that tenants can take when their rights are violated, including but not limited to:
- Refusing to pay rent
- Bringing legal action
- Terminating the lease
The landlord also may be liable for compensation, such as moving expenses, attorney’s fees, and other expenses.
When Can a Landlord Violate the Covenant of Quiet Enjoyment?
California landlords cannot violate the covenant of quiet enjoyment under any circumstances.
To violate quiet enjoyment, the premises must be completely unusable for their intended purpose. This means actions at a low or minor degree may be acceptable, even if a more serious action would violate quiet enjoyment. For example, by default it violates quiet enjoyment to enter the premises without permission, but it’s allowed for fixing an emergency situation.
A landlord enters into a tenant’s premises without advance notice because there is evidence of flooding in progress.
7. Violate the Warranty of Habitability
In California, landlords must uphold the implied warranty of habitability. This is a guarantee the law reads into all leases that the leased premises are safe and suited for human habitation.
There are several ways a landlord may violate the warranty of habitability. Some common examples of violations include:
- Broken locks
- Lack of proper plumbing
- Lack of utilities such as heat, electricity and water
- Failure to exterminate a rodent infestation
A landlord violates the warranty of habitability when they do not repair the heating system in the winter after the tenant gives proper notice.
Consequences for Landlords Who Violate the Warranty of Habitability
When a landlord violates the warranty of habitability, a tenant is entitled to relief such as:
- A court order directing the landlord to repair the condition
- A court order reducing the tenant’s rent
- A judgment for one month’s rent plus $500
- A judgment for the tenant’s expenses (actual damages)
- Any court and attorneys’ fees
When Can a Landlord Violate the Warranty of Habitability?
Landlords in California cannot violate the warranty of habitability at any time.
8. Commit Constructive Eviction
A landlord in California cannot constructively evict tenants from the leased premises.
Constructive eviction happens when some action of the landlord completely prevents the use of the premises for their intended purposes.
Examples of constructive eviction include:
- Failure to provide heating
- Failure to exterminate a pest infestation
- Making the property uninhabitable
- Violating the quiet enjoyment of tenants
Consequences for Landlords Who Constructively Evict Tenants
Constructive eviction may make a landlord liable for:
- One months’ rent plus $500
- Reasonable costs to move to another place
- Attorney’s fees and costs
- Injunctive relief
A court which finds the landlord has done a constructive eviction may give tenants a Writ of Reentry, which will allow them to return to the leased premises.
When Can a Landlord Constructively Evict a Tenant?
California landlords cannot withhold services or otherwise constructively evict a tenant by preventing the intended use of the rental property.
It is not constructive eviction to follow the law or the lease in stopping services to a tenant who’s in violation. Landlords also have no obligation in most cases to provide the mandatory services outlined in the lease, once the lease is validly terminated.
9. Defraud Tenants
When landlords communicate with tenants, they cannot make any statements under false pretenses, which may lead the tenant to believe something that is not true.
There are many ways in which a landlord can commit fraud, including:
- Making a false or misleading oral or written statement
- Representing that the property has a feature or use that it does not have
- Representing that the property is of a particular standard, quality, or style that is not the case
- Failing to state a material fact, if the failure deceives or tends to deceive
- Putting a clause in a lease that waives the tenant’s right to use a legal defense
A landlord may not tell the tenant that they can pay the rent in a certain way, and then refuse to accept that method of payment.
Consequences for Landlords Who Defraud Tenants
It’s illegal for a landlord to defraud a tenant. Depending on the court, the tenant may be entitled to:
- Economic damages
- Statutory fraud damages
- Exemplary damages
- Mental anguish damages
- Court costs and attorney fees
- Equitable relief
- Declaratory judgment
When Can a Landlord Defraud Tenants?
In California, landlords cannot defraud tenants under any circumstance.
10. Fail to Pass State Inspections
Prior to renting out leased premises, landlords must register the rental premises with the proper authorities. Landlords must then conduct a proper inspection so that the premises are in habitable condition for the tenant.
Consequences for Landlords Failing to Pass State Inspections
Failure to register the premises and conduct an inspection may lead to fines and other taxes.
When Can a Landlord Fail to Pass State Inspections?
Landlords must always pass state inspections to lease out the rental property.
Can a Landlord Deny Sublessees or Assignees?
California landlords can prohibit subleases without prior written consent. A landlord may set lease terms which prohibit subleases or require particular selection criteria. However, a landlord cannot deny a qualified sublessee or assignee.
A qualified sublessee or assignee is one that:
- Has the financial ability to continue paying the rent
- Passes a background check
- Is a high character individual who will not cause the landlord trouble
Consequences for Landlords Who Deny Qualified Sublessees or Assignees
When a landlord denies a qualified subtenant or assignee, the original tenant may sue the landlord for damages. A tenant may be able to recover money equivalent to the amount of monthly rent which the landlord disallowed the prospective subtenant or assignee from making payments.
The landlord also may be liable for damages associated with failure to mitigate damages. The duty to mitigate damages exists where the landlord must take reasonable steps to re-rent the unit to a replacement tenant.
When Can a Landlord Deny a Sublessee or Assignee?
A landlord can deny a sublessee when:
- The landlord has a good faith belief that the new tenant would not meet the financial obligations under the lease
- There needs to be an alteration to the premises for the use of the new tenant
- There would be an increase in the number of persons residing in the dwelling
- The landlord has a good faith belief that new tenant has engaged in inappropriate conduct
- The new tenant refuses to sign and comply with the lease
Can a Landlord Charge Unlimited Amounts for the Security Deposit?
In California, a landlord cannot charge an unlimited amount for a security deposit. California law caps most security deposits at one month’s rent with limited exceptions for some very small-scale landlords. Beginning April 1, 2025, landlords also may collect an extra deposit from some service members with bad credit or housing history. This extra amount must be justified in writing and refunded within six months of timely rent payments.
Can a Landlord Deduct Expenses From the Security Deposit?
Landlords in California can deduct expenses from the security deposit.
A landlord will be able to withhold a tenant’s security deposit for certain reasons. These reasons include:
- Any costs associated with damages incurred because of lease breaches
- Any costs associated with property damages not normal wear and tear
- Unpaid monthly rent
- Unpaid utilities
- Cleaning fees at the end of the lease
- Expenses incurred in securing a new tenant
- Whatever cancellation fee the lease may be provided for
Can a Landlord Sue a Tenant for Lease Violations?
In California, a landlord can sue a tenant for violating the lease. Common lease violations include:
- Illegal activity
- Unauthorized pets
- Disturbing other tenants
- Not keeping the premises clean
Landlords can recover damages such as unpaid rent, costs of property damage the tenant caused and eviction of the tenant.
Can a Landlord Enter into a Tenant’s Premises During an Emergency?
A landlord can enter into a tenant’s premises when there is an emergency.
In practice, a landlord should try to give at least 24 hours’ notice before entering a rented apartment to make (or assess for) repairs or show the unit to prospective new tenants.
In the event of an emergency, such as a fire, burst water pipe, or gas leak, landlords have the right to enter without notice. They may also enter the premises if a tenant has moved out without notifying the tenant or if the landlord has a court order to do so.
Can a Landlord Conduct a Background Check on Prospective Tenants?
A landlord in California can conduct a background check on prospective tenants. In California, landlords must make available to the applicant, printed notice of the landlord’s tenant selection criteria, including:
- Criminal history
- Previous rental history
- Current income
- Credit history
In California, there are usually costs associated with background checks.
Can a Landlord Charge Late Fees for Late Rent?
In California, a landlord can charge late fees for late rent. A landlord can charge up to a certain percentage of the monthly rent as a late penalty. If the landlord is going to charge a late fee, the following requirements need to be met:
- Notice of the fee is included in the written lease
- The fee is reasonable (reasonableness in California amounts to 5 to 10% of the rent)
Can a Landlord Set Occupancy Limits?
California law requires that landlords set occupancy limits depending on the type of property the landlord owns.
Generally, the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the premises. There are certain exceptions allowing a higher occupancy limit such as state or federal laws that allow a higher occupancy rate or if an adult is seeking temporary sanctuary from family violence.
Can a Landlord Require Certain Forms of Payment?
A landlord in California can require certain forms of payment.
California law does not say how a tenant must pay their rent. It does not discuss rules a landlord might impose that would make tenants pay a specific way, like online or with a money order. How a tenant must pay the rent will depend on the specific lease.
California law ensures that landlords will provide the option for tenants to pay in cash, unless the lease states otherwise. When a tenant pays in cash, a landlord must provide a written receipt confirming payment.
Can a Landlord Charge an Application Fee?
In California, a landlord can charge an application fee associated with a rental application. The fee is to pay the landlord’s cost of running a background check on a prospective tenant.
If the landlord rejects an applicant and the landlord has not made proper notice, the landlord will have to return the application fee. Furthermore, if an applicant requests a landlord to mail a refund of the applicant’s application fee to the applicant, the landlord shall mail the refund check to the applicant.
Can a Landlord Limit a Tenant’s Mobility Devices?
Beginning in 2024, California landlords can no longer limit tenants from owning and storing at least one “micromobility device” on the premises per occupant. The law applies to any devices which have both of the following features:
- Powered by either human effort or an electric motor
- Designed to transport one person, or one adult accompanied by up to three minors
The law is extremely broad, and covers everything from roller blades up to certain electric mopeds. As an alternative to letting tenants store micromobility devices themselves, landlords also have the option to provide tenants with a commonly available free and secure long-term storage option that includes electrical connections for recharging.
Sources
- 1 Cal. Civ. Code § 1942.5(a)
-
If the lessor retaliates against the lessee because of the exercise by the lessee of the lessee’s rights under this chapter or because of the lessee’s complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of [a protected act].
Source Link - 2 HUD Complaint and Investigation Process, "HUD Administrative Law Judge Hearing"
-
If neither party elects to have a federal civil trial before the 20-day Election Period expires, HUD will promptly schedule a hearing for your case before an ALJ. … If the ALJ concludes a violation of the Fair Housing Act occurred, the following relief can be ordered:
Compensation for your actual damages, including out-of-pocket expenses and emotional distress damages.
Permanent injunctive relief, such as an order not to discriminate.
Appropriate equitable relief, such as making housing available to you.
Payment of reasonable attorney’s fees if you hired a private attorney.
Payment of a civil penalty to vindicate the public interest.
Source Link
- 3 Cal. Gov. Code § 12927(2)
-
“Discrimination” does not include either of the following:
(A) Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements.
(B) Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex.
Source Link - 4 Cal. Code Civ. Proc. § 1161
-
When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.
A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that person’s unlawful detention of the premises underlet to or held by that person.
Source Link - 5 Housing Authority of the City of Alameda, Eviction Protection Kit at p. 2 (created Jul. 12, 2024)
-
Properties and tenancies that are covered under the CARES ACT must be provided 30 days’ notice to vacate for non-payment of rent.
=====
Caution: There is not yet any statewide judicial guidance in California regarding the CARES Act requirements. As noted above, the City of Alameda officially states a 30-day notice is required for nonpayment of rent or other fees. An Alameda court case from June 2024 confirms this. While not an official resource, California Association of Realtors guidance from May 2023 agrees that the law appears to require a 30-day notice to evict for nonpayment of rent or other fees, in properties covered by the CARES Act.
Source Link - 6 Cal. Civ. Code § 1947.12(a) & (h)
-
(a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant shall be excluded. The gross per-month rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement.
(2) If the same tenant remains in occupancy of a unit of residential real property over any 12-month period, the gross rental rate for the unit of residential real property shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increase.
…
(h)(1) This section shall apply to all rent increases subject to subdivision (a) occurring on or after March 15, 2019, except as provided in subdivision (i).(2) In the event that an owner has increased the rent by more than the amount permissible under subdivision (a) between March 15, 2019, and January 1, 2020, both of the following shall apply:
(A) The applicable rent on January 1, 2020, shall be the rent as of March 15, 2019, plus the maximum permissible increase under subdivision (a).
(B) An owner shall not be liable to the tenant for any corresponding rent overpayment.
(3) An owner of residential real property subject to subdivision (a) who increased the rental rate on that residential real property on or after March 15, 2019, but prior to January 1, 2020, by an amount less than the rental rate increase permitted by subdivision (a) shall be allowed to increase the rental rate twice, as provided in paragraph (2) of subdivision (a), within 12 months of March 15, 2019, but in no event shall that rental rate increase exceed the maximum rental rate increase permitted by subdivision (a).
Source Link - 7 Cal. Civ. Code §1950.5(b) & (c)
-
As used in this section, “security” means any payment, fee, deposit, or charge, including, but not limited to, any payment, fee, deposit, or charge… to remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.
…
[Except as provided by statute], a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy.
Source Link - 8 Cal. Civ. Code § 789.3(a) & (b)
-
(a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.
(b) In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully:
(1) Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device;
(2) Remove outside doors or windows; or
(3) Remove from the premises the tenant’s personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.
Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of Section 1940.
Source Link - 9 Cal. Civ. Code § 1942(a)
-
If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month’s rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.
Source Link - 10 Cal. Civ. Code § 1950.5(c)(4)
-
On or after April 1, 2025, if a landlord or its agent charges a service member who rents residential property in which the service member will reside a higher than standard or advertised security pursuant to paragraph (1) due to the credit history, credit score, housing history, or other factor related to the tenant, the landlord shall provide the tenant with a written statement, on or before the date the lease is signed, of the amount of the higher security and an explanation why the higher security amount is being charged. The additional amount of security shall be returned to the tenant after no more than six months of residency if the tenant is not in arrears for any rent due during that period. The date for return of the additional amount of security shall be included in the lease agreement. For purposes of this paragraph, “service member” has the same meaning as in Section 400 of the Military and Veterans Code.
Source Link - 11 Cal. Civ. Code § 1950.5(c)(5)
-
(A) Notwithstanding paragraph (1), a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to two months’ rent, in addition to any rent for the first month paid on or before initial occupancy if the landlord meets both of the following requirements:
(i) The landlord is a natural person or a limited liability company in which all members are natural persons.
(ii) The landlord owns no more than two residential rental properties that collectively include no more than four dwelling units offered for rent.
(B) Subparagraph (A) shall not apply if the prospective tenant is a service member. A landlord shall not refuse to enter into a rental agreement for residential property with a prospective tenant who is a service member because this subparagraph prohibits the landlord from demanding or receiving a greater amount of security than that which is established in paragraph (1). For purposes of this subparagraph, “service member” has the same meaning as in Section 400 of the Military and Veterans Code.
(C) For purposes of this paragraph:
(i) “Natural person” includes any natural person who is a settlor or beneficiary of a family trust.
(ii) “Family trust” means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
Source Link - 12 Cal. Civ. Code § 1954(e)
-
No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time of entry.
(3) After the tenant has abandoned or surrendered the unit.
Source Link - 13 Cal. Civ. Code § 1950.6(a)
-
Notwithstanding Section 1950.5, when a landlord or their agent receives a request to rent a residential property from an applicant, the landlord or their agent may charge, pursuant to subdivision (c), that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or their agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or their agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.
Source Link - 14 Cal. Civ. Code § 1940.41
-
(a) For purposes of this section:
(1) “Personal micromobility device” means a device with both of the following characteristics:
(A) It is powered by the physical exertion of the rider or an electric motor.
(B) It is designed to transport one individual or one adult accompanied by up to three minors.
(2) “Secure, long-term storage” means a location with all of the following characteristics:
(A) Access is limited to residents of the same housing complex.
(B) It is located on the premises.
(C) It is reasonably protected against precipitation.
(D) It has a minimum of one standard electrical connection for each personal micromobility device that will be stored and recharged in that location.
(E) Tenants are not charged for its use.
(b) A landlord shall not prohibit a tenant from either of the following:
(1) Owning personal micromobility devices.
(2)(A) Storing and recharging up to one personal micromobility device in their dwelling unit for each person occupying the unit if the personal micromobility device meets one of the following:
(i) Is not powered by an electric motor.
(ii) Complies with the following safety standards:
(I) For e-bikes, UL 2849, the Standard for Electrical Systems for E-bikes, as recognized by the United States Consumer Product Safety Commission, or EN 15194, the European Standard for electrically powered assisted cycles (EPAC Bicycles).
(II) For e-scooters, UL 2272, the Standard for Electrical Systems for Personal E-Mobility Devices, as recognized by the United States Consumer Product Safety Commission, or EN 17128, the European Standard for personal light electric vehicles (PLEV).
(iii) Is insured by the tenant under an insurance policy covering storage of the device within the tenant’s dwelling unit. The owner may prohibit the tenant from charging a device in the unit if the device does not meet the standards in subclauses (I) and (II) of clause (ii).
(B) Subparagraph (A) does not apply if the landlord provides the tenant secure, long-term storage for the tenant’s personal micromobility devices.
(C) Subparagraphs (A) and (B) do not apply to circumstances in which an occupant of the unit requires the use of a personal micromobility device as an accommodation for a disability.
(c) This section does not require a landlord to modify or approve a tenant’s request to modify a rental dwelling unit for the purpose of storing a micromobility device inside of the dwelling unit.
(d) This section does not prohibit a landlord from doing any of the following:
(1) (A) Prohibiting repair or maintenance on batteries and motors of personal micromobility devices within a dwelling unit.
(B) Subparagraph (A) does not prohibit a tenant from changing a flat tire or adjusting the brakes on a personal micromobility device within the unit.
(2) Requiring a tenant to store a personal micromobility device in compliance with applicable fire code.
(3) Requiring a tenant to store a personal micromobility device in compliance with the Office of State Fire Marshal Information Bulletin 23-003 regarding lithium-ion battery safety, issued April 3, 2023, or any updated guidance issued by the Office of the State Fire Marshal regarding lithium-ion battery safety, if such bulletin or guidance is provided to the tenant by the landlord.
(e) This section does not limit the rights and remedies available to disabled persons under federal or state law.
Source Link
