Posted in Blog  
  on Jul 13, 2015

Explanation of Tenant Rights in California

Tenants must navigate a complicated set of rules and responsibilities in the state of California. Not only are there state guidelines that must be followed, but there are also specific city guidelines that govern rental properties as well. In general, however, tenants are entitled to the following rights but it is also important to read your lease carefully to determine what steps you can take.

1. Landlords Must Create Habitable Conditions.

Certain home conditions, such as mold or the presence of pests, are obvious items that must be cared for. Something as simple as a public entry hallway light that has burnt out may also create inhabitable conditions. In general, a rental unit should have usable appliances, sufficient trash receptacles for common areas, and working security locks.

2. Tenants Can Move Out Right Away.

If there are uninhabitable rental conditions, then it is possible to move out of the property at any time. Under Civil Code 1942, tenants don't have to notify their landlord about the conditions or request that they be fixed. The defects in the property don't have to be serious either for an immediate move out to occur. With that being said, landlords do tend to take immediate moves to court and a judge may find in favor of the landlord, so it is best to notify someone about the conditions and give them the chance to fix it.

3. Habitability Items Can Be Fixed By The Tenant.

Certain items can be repaired immediately by the tenant and the cost deducted from the monthly rent that is owed. They must relate to the living conditions, however, so certain repairs like a torn carpet are not covered. Tenants are allowed to charge for the work of the repair personnel, but cannot add charges to compensate themselves in any way.

4. Illegal Units Have No Right To Rent.

Tenants that discover they are living in an illegal rental unit, such as a garage that has been converted into a rental, then California laws block landlords from legally requesting any rent at all. In these conditions, the tenant can move out without penalty. Knowing tenant's rights in California can help landlords and tenants better manage the rental relationship. As a final step, making sure that every communication occurs in writing can help to eliminate any questions of who said what.


Most Important Landlord Tenant Laws in Texas

When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More

The Landlord Tenant Board: What it is and When it is Needed

Many times, there are issues between a landlord and a tenant that need to be resolved but are failed to do so, because both parties have gone too far with their actions, and have retaliated in the... More

The Landlord Tenant Laws in California

The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More

Understanding the Landlord Tenant Laws in Illinois

People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More

How to Create a Residential Lease Agreement

Where there is a landlord, there will also be a tenant, and it is no surprise that these two parties can only work together once there is some sort of agreement, contract or a binding deal in place.... More

The Best Sites for Rental and Lease Agreement Templates

Many landlords find it difficult to write and draft a lease agreement. Since every State has its own general template, it can also be difficult to make sure your lease agreement meets all the criteria... More

The Landlord Tenant Act: What Landlords Need to Know

All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More

5 Landlord Forms that Every Landlord Should Have

When it comes to being a landlord, one should know that it is not for the unprepared individual. This should be clear that being a landlord does not simply mean that you will be taking the rent and... More

Landlord Obligations: The Responsibilities of a Landlord

Becoming a landlord is a major deal and no one can simply get up and think, “well, yes I think I should be a landlord and rent out my flat.” If you are thinking that you would like to be a landlord,... More

The Best Landlord Associations for Landlords to Join

If you’re a landlord and want to manage your business in a better way, you should endeavor to get in touch with those industry experts who have the experience and the skills to help you do it. This is... More