California Landlord: What They Can't Do!

Hey there, future and current California renters! Understanding your rights as a tenant is super important, especially when dealing with landlords. California law provides a lot of protections for renters, and it's essential to know what your landlord can and cannot legally do. Knowing your rights helps ensure a fair and respectful renting experience. Let's dive into some common scenarios and clarify what landlords are prohibited from doing in the Golden State.

1. Illegal Discrimination: Keeping Housing Fair

Discrimination in housing is a big no-no under both federal and California state laws. Landlords can't treat you differently based on certain protected characteristics. This means they can't refuse to rent to you, set different terms, or harass you because of your race, color, religion, sex (including gender, gender identity, and sexual orientation), national origin, familial status (like having children), or disability. California law goes even further, adding protections based on marital status, ancestry, source of income, and more. For example, a landlord cannot refuse to rent to someone simply because they receive Section 8 vouchers or because they are married.

Imagine this scenario: You and a friend apply for the same apartment. You're both equally qualified, but the landlord tells your friend the unit is no longer available, while telling you it is. If the reason for the difference is your friend's race or religion, that’s illegal discrimination. Or, consider a family with young children. The landlord can't refuse to rent to them because they're worried about noise or damage. That’s discrimination based on familial status. Landlords also need to make reasonable accommodations for tenants with disabilities. This might include allowing a service animal even if the building has a no-pets policy, or modifying a parking space to make it accessible. If you believe you've experienced illegal discrimination, you can file a complaint with the Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD). Remember, fair housing is a right, not a privilege.

2. Unlawful Entry: Respecting Your Privacy

Your apartment is your castle, and landlords can't just waltz in whenever they feel like it. California law sets clear rules about when and how a landlord can enter your rental unit. Generally, a landlord can only enter for specific reasons, such as emergencies, necessary repairs, or to show the property to prospective buyers or renters. However, they usually need to give you reasonable notice—typically 24 hours—before entering, unless it’s an emergency like a fire or flood.

Think about it this way: You're working from home, and suddenly your landlord lets themself in to check the faucet. Unless there's been a prior agreement or an emergency, that's a violation of your privacy. Now, let’s say there’s a burst pipe in the apartment above you, and water is leaking into your ceiling. In that case, the landlord can enter your unit immediately to prevent further damage. That’s an emergency situation. Landlords can also enter with your consent. So, if you’ve given them permission to enter for a specific reason, that’s perfectly fine. But, they can’t use that consent as a blanket excuse to enter whenever they want. If a landlord violates these rules and enters your unit without proper notice or a valid reason, it's considered an unlawful entry. You can take legal action, such as suing for invasion of privacy or breach of contract. Documenting each instance of unlawful entry with dates, times, and details is crucial. Sending a written notice to the landlord reminding them of the legal requirements for entry can also help prevent future violations. Remember, you have a right to privacy in your rental unit! Protect it.

3. Illegal Eviction: Following the Rules

Evicting a tenant in California isn't as simple as just telling them to leave. Landlords must follow a specific legal process, and there are many things they can't do. For example, a landlord can't resort to self-help eviction tactics like changing the locks, shutting off utilities, or physically removing your belongings. These actions are illegal and can lead to serious consequences for the landlord.

Let's say you're a few days late on rent, and your landlord responds by turning off your water and electricity. That's an illegal eviction. Or, imagine your landlord throws your stuff out on the street because they claim you violated the lease. That's also a big no-no. To legally evict a tenant, a landlord must first serve a written notice. This could be a 3-day notice to pay rent or quit, a 30-day notice to quit (in some cases), or a 60-day notice to quit (depending on how long you’ve lived there). The notice must state the reason for the eviction and give you a chance to correct the issue (if possible). If you don't move out or resolve the problem within the specified time frame, the landlord must then file an unlawful detainer lawsuit in court. You'll have the opportunity to respond to the lawsuit and present your case to a judge. Only a judge can order an eviction. If you're facing an eviction, it's a good idea to seek legal advice from a tenant rights organization or an attorney. They can help you understand your rights and options.

It's also important to know that a landlord can't evict you in retaliation for exercising your legal rights, such as requesting repairs or reporting code violations. This is known as retaliatory eviction and is illegal. Keep records of all communication with your landlord and any actions you take to assert your rights. Remember, eviction is a legal process, and landlords must follow the rules.

4. Neglecting Repairs: Keeping Your Home Habitable

Landlords in California have a legal responsibility to keep your rental unit in a habitable condition. This means they must provide a safe and livable environment, which includes things like adequate weather protection, functioning plumbing and electrical systems, and proper sanitation. If your landlord fails to make necessary repairs after you've notified them in writing, they're violating the law.

Picture this: Your roof is leaking, and you've told your landlord about it multiple times, but they haven't done anything. Or, your heater breaks down in the middle of winter, and your landlord refuses to fix it. These are examples of neglecting repairs. Under California law, you have several options if your landlord fails to maintain the property. You can use the "repair and deduct" remedy, which means you can pay for the repairs yourself and deduct the cost from your rent (up to one month’s rent). You can also withhold rent until the repairs are made, but this can be risky, as it could lead to eviction if not done properly. Another option is to sue the landlord for breach of the implied warranty of habitability. Before taking any of these actions, it's crucial to notify your landlord in writing about the needed repairs and give them a reasonable amount of time to fix the problem. Keep copies of all communication and any documentation of the conditions. If you choose to withhold rent or use the repair and deduct remedy, be sure to follow the legal requirements carefully to avoid any negative consequences. Your landlord can't ignore their responsibility to provide a habitable living environment.

5. Raising Rent Illegally: Understanding Rent Control

Rent control laws in California can be complex, but they're designed to protect tenants from excessive rent increases. Depending on where you live and the type of property you rent, your landlord may be limited in how much they can raise your rent and how often. For example, AB 1482, also known as the Tenant Protection Act of 2019, imposes statewide rent control limits on many rental properties. Under this law, landlords can't raise rent by more than 5% plus the percentage change in the Consumer Price Index (CPI), or 10%, whichever is lower, in a 12-month period. They also can’t raise the rent more than twice during a 12-month period. However, there are exemptions to AB 1482, such as for new construction and certain types of housing.

Here's a scenario: You live in a building covered by AB 1482, and your landlord tries to raise your rent by 15% in a single year. That would be an illegal rent increase. Or, your landlord raises your rent by 8% in January and then tries to raise it another 5% in June. That would also violate the law. In addition to statewide rent control, some cities and counties in California have their own local rent control ordinances that may provide even stronger protections for tenants. It's important to know whether your rental unit is subject to rent control and, if so, what the specific rules are. If you believe your landlord has raised your rent illegally, you can challenge the increase by notifying them in writing and, if necessary, filing a complaint with your local rent control board or seeking legal advice. Understanding rent control laws can help you protect your wallet.

6. Retaliation: Standing Up for Your Rights

Landlords can't retaliate against you for exercising your legal rights as a tenant. This means they can't raise your rent, try to evict you, or otherwise harass you because you've asked for repairs, reported code violations, or joined a tenant association. California law protects tenants from retaliatory actions for a certain period, typically 180 days, after they've asserted their rights.

Imagine this: You request your landlord to fix a broken window, and a week later, they serve you with an eviction notice. If the timing suggests the eviction is in response to your repair request, it could be considered retaliation. Or, you join a tenant association that’s advocating for better living conditions, and your landlord suddenly starts harassing you with frequent and unnecessary inspections. That could also be retaliation. To prove retaliation, you'll need to show a connection between your actions and the landlord's response. Document all communication with your landlord, keep records of any complaints you've made, and note the dates and details of any actions the landlord takes against you. If you believe you're being retaliated against, you can take legal action, such as suing for damages or seeking an injunction to stop the retaliatory behavior. Remember, you have the right to stand up for yourself without fear of reprisal.

7. Illegal Fees: Knowing What's Fair

Landlords in California can charge certain fees, such as a security deposit, but there are limits on how much they can charge and what they can use the money for. They also can't charge illegal fees that aren't allowed under the law. For example, a landlord can't charge a nonrefundable security deposit or a fee for normal wear and tear.

Let's say your landlord charges you a $500 "pet fee" in addition to your security deposit, and claims it’s non-refundable. That’s likely an illegal fee, unless it’s for actual damage caused by the pet. Or, when you move out, your landlord withholds money from your security deposit to cover the cost of repainting the walls, even though the only damage was normal wear and tear. That’s also not allowed. Under California law, security deposits are refundable, and landlords can only use them to cover unpaid rent, damage beyond normal wear and tear, or cleaning costs if the unit is not left as clean as when you moved in. The landlord must provide you with an itemized list of deductions within 21 days of you moving out. If they fail to do so, or if they withhold money for reasons that aren't allowed, you can sue them to recover the wrongfully withheld amount. Landlords also can’t charge application fees that exceed the actual cost of screening applicants. Always get a receipt for any fees you pay and keep records of all communication with your landlord regarding fees. Knowing your rights regarding fees can save you money and prevent disputes.

By understanding these key areas, you can protect yourself and ensure a fairer renting experience. Remember to always document everything, communicate clearly with your landlord, and seek legal advice when needed. Happy renting, guys!