California Rental Laws - An Overview of Landlord Tenant Rights in Sacramento

• Information on utilities. What utilities are going to be in your tenant’s name? You must let your Sacramento tenant know about this before they agree to live in your rental.
• Information on mold. Mold is also a health risk to a tenant. Mold exposure can lead to all sorts of tenant problems, some of which can be serious. For this reason, landlord must provide their tenant with a written disclosure if they're aware of the presence of mold in the rental home.
• Information on flood risk. Is your investment located in an area that’s prone to flooding? If so, your tenant must know about it before they can agree to live in the rental unit.

Rights & Responsibilities of Landlords in Sacramento County

The California landlord-tenant laws give landlords the right to:

• Receive proper notice when a California tenant is looking to move out of their rented unit as per what the lease agreement states.
• Inspect the rental unit from time to time, according to the lease agreement.
• Show the unit to potential lenders, tenants, buyers and renters under the conditions of real estate law.
• Make an excessive damage repair and deduct the cost from the deposit.
• Receive proper notice when a tenant is looking to leave for extended periods as per California statutes.
• Evict a California tenant who has caused serious violation to the rental agreement or lease like the failure to make rent payments. 
• Request a deposit from their tenant and to use it for any legal means.
• Use the deposit to recover unpaid rent payments and to pay interest on the deposit should the statewide rent control require.
• Ensure the California tenants pay rent and continue paying rent on their rental properties as per the lease and collect rent through agreed upon means.
• Act upon any lease violation and pursue lease or rental agreement termination if required including the failure to pay one month's rent.

Under the California landlord tenant laws, a landlords' responsibilities include:

• Letting a prospective tenant know of all required disclosures and local rent control laws before they can rent your dwelling unit. 
• Preparing a lease agreement that conforms to all laid-out laws including when and how a tenant can pay rent and when and if a rent increase could occur.
• Treating all California tenants fairly and equally as per the state’s Fair Housing Laws described in the Fair Housing Act.
• Providing your residential tenant with a rental property that meets all the local and state codes and avoids housing discrimination.
• Ensuring to provide the California tenant proper notice before accessing their rental unit.
• Ensuring a deposit is stored correctly under California laws.
• Legal lease term termination under the laws if tenants fail to uphold their responsibilities.
• Abide by the state rent control laws and the legal eviction process.

If landlords fail in any of these responsibilities, California landlords or property owners may face legal recourse from the tenant. 

Tenant Rights & Responsibilities 

California tenant rights, under California laws, include:

• Live in a rental that meets all safety, health and building codes and withhold rent if the landlord fails to resolve the issue.
• Continue living on their rented premises until the California landlord has followed the judicial eviction process. 
• Be served written notice when a landlord seeks to make changes to the lease/ rental agreement. 
• Live in peace and quiet away from any unreasonable disturbance and annoyances 
• To have their security deposits returned under the correct conditions.
• Abiding by the legal eviction process should a landlord provide an eviction notice to their tenant.

As for responsibilities under California law, tenants are obligated to do the following or end up in small claims court:

• Let their landlord know when they are looking to vacate their rental unit as per the oral or written agreement and local laws.
• Serve their landlord with the proper notice whenever they are looking to be out of town for an extended time. 
• California tenant rights include maintaining the neighborhood’s peace and quiet. 
• Inform their landlord when maintenance issues arise. If the landlord doesn't make the repairs, they can repair and deduct from their rent.
• Report to their landlord whenever maintenance issues crop up. 
• Abide by all terms of the lease or lease agreement and return any unpaid rent.
• To never refuse to pay rent without from California landlords a legally justifiable reason. To withhold or stop paying rent does consitute a breach of the lease.
• Provide their landlord with a deposit upon request. The value of which is usually a month's rent.

Overview of the California Landlord-Tenant Law

1. Landlord Entry 

Of course, as California landlords, you have many reasons to enter your tenant’s rented premises. These include responding to a maintenance request, entering under court orders and showing the space to prospects, buyers or lenders. 

Now, before entering a tenant’s rented premises,  the landlord must notify their California renters in advance. Specifically, landlords must provide  renters with a written notice of at least 24 hours as per landlord tenant law. Landlords must also ensure the time of entry is within reason, as well. If landlords fail to do so then they may end up in small claims court.

2. Security Deposit Laws 

Security deposits allow a California landlord a sheild themselves against damage from their tenants as directed in the rental agreements and California security deposit laws. This can include when a months rent is not paid.

California landlord tenant guided law also guides the state’s security deposit laws. The regulations  provide guidelines to a landlord in regards to the handling of their tenants’ security deposits. This includes where the security deposit is stored and the conditions upon which the security deposit can be returned to the tenant.

For example, the maximum security deposit limit a landlord can ask their tenant, how the landlord should store them and when they should return them. A landlord may also make deductions from the security deposit, in the case of rental units damages that exceed those of normal wear and tear.

3. Warranty of Habitability 

A landlord must ensure that their dwelling unit is being looked after properly. In other words, a landlord is required to ensure that their Sacramento dwelling unitis habitable and conforms to health and safety codes. Among other things, this means it is properly weatherproofed, has adequate water, and all electrical, plumbing and HVAC systems are working as they should. 

If landlords fail in this crucial responsibility, their tenant may exercise any of their rights. These include handling repairs to the rental unit themselves and then deducting from the rent or even providing notice to relevant authorities of the issue. Breaking a lease, in this case, would be legal and without consequence for tenants.

4. Fair Housing Laws

A landlord must also ensure strict adherence to the anti-discrimination laws and other state laws when dealing with prospective tenants. Landlords must treat all their tenant fairly and equally regardless of their color, race, sex, age, disability, religion, sexual orientation, familial status, gender identity and HIV/AIDS status. 

Ultimately, ensure your rental agreements, marketing process and tenant screening process, including management of the security deposit, are free from any form of discriminatory statements covered in the landlord tenant laws in California.

Bottom Line

Understanding these landlord tenant laws is key to a successful property investment and effectively collecting your months rent. You will know your rights as well as the rights of your tenant, avoiding legal complications that can be lengthy and dent your income. You also need to ensure that you're keeping up with the rental agreement and security deposit laws as well as the states laws to evict tenants using an eviction notice and squatters rights.

Considering the many details of such rental laws can be overwhelming. If this is the case, consider hiring an experienced property management company like Peak Residential. Having reliable property managers can help resolve landlord-tenant issues.

We know the ins and outs of all these regulations and policies and can help your investment stay legally compliant. We can also ensure that you have solid lease or rental agreement, quality tenants, consistent collection of one month's rent and keep your rentals well maintained.

Disclaimer: This information is only intended for educational purposes and is in no way a substitute for professional legal advice from landlord tenant lawyers. If you need further help, please contact us.