What Are Your Rights as a Tenant in California?

As a tenant in California, you need to be aware of your rights and protections under state law. Understanding these rights empowers you to advocate for fair treatment and maintain a healthy, safe living environment.

 In this article, we'll go over the key rights that tenants have in California.

Right to a Habitable Property

One of the most fundamental tenant rights is the right to a habitable dwelling. Landlords in California are legally required to maintain the premises in a livable condition, free from hazardous or dangerous conditions that may affect your health or safety. 

Such requirement is outlined in the California Civil Code and include the following:

• The rental property must be properly weatherproofed to prevent water intrusion. This includes roofs, walls, windows, and doors.
• The property must have a functioning water supply system that provides hot and cold water. Plumbing fixtures, such as sinks, bathtubs, and toilets, must be in good working order.
• The structure of the rental unit must be sound and free from serious hazards, such as significant cracks in walls or ceilings.
• Smoke detectors must be installed and operational in designated areas, typically near sleeping areas.
• The rental unit must be clean and free from accumulations of debris, garbage, or pests.
• And more… 

Right to Privacy

Tenants have the right to privacy in their rented units. Landlords must provide notice before entering, typically 24 hours in advance, and can only do so for specific reasons, such as repairs or inspections.

Right to Repairs and Maintenance

Landlords are responsible for ensuring that the property is properly maintained. They must promptly address and repair any conditions that affect habitability, such as plumbing issues, electrical problems, or structural damage.

Right to Withhold Rent for Repairs

If a landlord fails to address necessary repairs that affect the habitability of the unit, tenants in California have the right to withhold a portion of their rent until the repairs are completed. It's important to follow specific procedures outlined in state law.

Right to Protection Against Retaliation

California law protects tenants from retaliatory actions by landlords. This means that if you assert your rights, such as requesting repairs or reporting code violations, your landlord cannot retaliate by increasing rent, decreasing services, or attempting to evict you without valid cause.

Learn more: A Tenant’s Guide to Dealing With Wrongful Eviction

Right to a Fair Security Deposit Return

When you move out, your landlord must return your security deposit, minus any valid deductions, within 21 days. They are also required to provide an itemized statement detailing any deductions.

Right to Non-Discrimination

Landlords cannot discriminate against tenants based on protected characteristics, such as race, religion, gender, disability, or familial status. Fair housing laws prohibit any form of discriminatory behavior.

Right to a Written Lease Agreement

Tenants have the right to a written lease or rental agreement that outlines the terms and conditions of the tenancy. This document should cover rent amount, due dates, rules, and any specific policies regarding the property.

Right to Reasonable Notice for Rent Increases

In California, landlords must provide at least 30 days' written notice for rent increases if you have a month-to-month lease. Longer notice periods may be required for larger rent hikes.

Learn more: 5 Common Causes of Landlord-Tenant Disputes

Final Thoughts 

Understanding your tenant rights in California helps in maintaining a positive and fair landlord-tenant relationship. If you encounter any issues or believe your rights are being violated, seek legal advice or contact local tenant advocacy organizations for assistance. Being informed about your rights empowers you to advocate for fair treatment. 

For legal help in California and your other needs, contact BERYS LAW on this page. We also offer courses on real estate investing, landlording, and templates right here!