Renting in California can be complex. The state’s rental laws are some of the most detailed in the country. If you’re a tenant, you need to know your rights. Protecting your interests is crucial, especially if you face legal issues with your landlord. If you ever find yourself in a tough situation, it’s wise to consult a tenant lawyer in California.
Know Your Lease Agreement
Start by thoroughly reading your lease agreement. This document outlines the terms of your tenancy. It includes details on rent, maintenance responsibilities, and what happens if you break the lease. Never sign a lease without reading it carefully. Look out for clauses that might be unfavorable. Once you sign, you’re bound by those terms.
Security Deposits: What You Need to Know
In California, landlords can charge up to two months’ rent as a security deposit for unfurnished apartments and up to three months for furnished units. This money is held as protection against damage or unpaid rent. But it’s your money until the landlord has a reason to keep it.
Landlords must return your deposit within 21 days of you moving out. If they deduct from it, they must provide an itemized list of damages and the costs. Disputing a deduction? You have the right to challenge it, possibly even in small claims court.
Rent Control and Rent Increases
California has statewide rent control laws under the Tenant Protection Act of 2019. This law caps annual rent increases at 5% plus the local rate of inflation, or 10%, whichever is lower. However, not all properties are covered. Know if your rental unit falls under these protections.
If your landlord tries to raise your rent, they must provide written notice. For increases over 10%, the notice period is 90 days. Increases between 5% and 10% require 60 days’ notice. Rent hikes below 5% need 30 days’ notice.
Repairs and Maintenance
Landlords are required to keep rental properties in habitable condition. This means the property must be fit for living, with functioning utilities, plumbing, and structural integrity. If something breaks, the landlord must fix it.
If your landlord refuses to make necessary repairs, you have options. You can request the repair in writing, with a deadline for completion. If the issue isn’t resolved, you can consider “repair and deduct,” where you pay for the repair and subtract the cost from your rent. However, be cautious with this approach. Only use it for serious issues, and keep all receipts and documentation.
Eviction: What Tenants Should Know
Facing eviction can be stressful. California law requires landlords to have a legal reason to evict a tenant, such as not paying rent, violating the lease, or illegal activity on the premises. Landlords must follow strict procedures when evicting a tenant.
First, they must give written notice. The type of notice depends on the reason for eviction. For nonpayment of rent, they must give a 3-day notice to pay or quit. For lease violations, it’s often a 3-day notice to cure or quit. If you refuse to leave after the notice period, the landlord can file an unlawful detainer lawsuit.
Tenant Rights During an Eviction
If you receive an eviction notice, don’t panic. You have the right to fight the eviction in court. Many tenants successfully defend themselves by proving the landlord’s notice was invalid or that the eviction is retaliatory. It’s crucial to respond to the court summons within five days.
Retaliation and Discrimination Protections
California law prohibits landlords from retaliating against tenants. Retaliation occurs when a landlord tries to evict you, raise your rent, or decrease services because you exercised your legal rights. For example, if you report a health or safety violation and your landlord responds with an eviction notice, that could be considered retaliation.
Discrimination is also illegal. Under the Fair Employment and Housing Act (FEHA), landlords cannot discriminate based on race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or other protected classes. If you believe you’re facing discrimination, you can file a complaint with the California Department of Fair Employment and Housing (DFEH).
Breaking a Lease
Sometimes, life changes unexpectedly. You might need to move before your lease ends. In California, breaking a lease can be tricky. However, there are situations where you might be legally allowed to break it without penalties.
If the rental unit is uninhabitable, you might have grounds to leave. This includes severe health or safety issues that the landlord refuses to fix. Additionally, if you’re a victim of domestic violence, California law allows you to break your lease early. In this case, you must provide your landlord with a copy of a restraining order or police report.
Subletting and Roommates
Subletting occurs when you rent out your apartment to someone else while you’re still responsible for the lease. In California, you can’t sublet without your landlord’s permission, unless your lease specifically allows it.
If you have roommates, ensure everyone is on the lease. This protects you from being held solely responsible for rent or damages. If one roommate moves out, you’re still responsible for the full rent amount. Be sure to establish clear agreements with your roommates to avoid disputes.
Tenant Privacy Rights
California law protects your privacy as a tenant. Landlords cannot enter your rental unit without proper notice, except in emergencies. They must provide at least 24 hours’ notice before entering for non-emergency reasons, such as repairs or inspections. If your landlord violates your privacy rights, you can take legal action.
What to Do If Your Rights Are Violated
If you believe your rights as a tenant have been violated, document everything. Keep records of all communications with your landlord, including emails, texts, and written notices. Take photos of any issues in your rental unit and gather receipts for any repairs you pay for.
Consulting a tenant lawyer in California can provide clarity on your situation. They can help you understand your rights, navigate disputes, and represent you in court if necessary.
Conclusion
Navigating tenancy in California can be overwhelming, but understanding your rights is key. Read your lease, know the laws, and don’t hesitate to seek legal help if you need it. Whether it’s dealing with security deposits, rent increases, or eviction threats, being informed empowers you to protect yourself and your home.
