California Landlord Tenant Law

LandLordStation.com California Landlord Tenant Law

LandLordStation.com offers a variety of information pertaining to California renters’ rights and obligations, as well as California landlords’ rights and obligations. California landlord tenant law covers a variety of items, but is not the entire law pertaining to residential real estate. Landlord tenant law California statutes must conform to the provisions Federal Fair Housing Act and incorporate those provisions by reference. Find the provisions of the California rental laws in the CA Civil Code, Section 1940-1954.1.

The California Department of Consumer Affairs has helpful information on their website that covers some of the following items in detail:

• Living in a rental unit

• Paying the rent

• Dealing with problems

• Having repairs made

• Moving out

• Refunds of security deposits

• Terminations and evictions

• The eviction process

• Retaliatory actions, evictions and discrimination

• Resolving problems

This is a partial list of information pertaining to residential real estate law. It is recommended that in the event of issues between a landlord and tenant, an attorney familiar with California real estate law be consulted.

California has some laws that are not found in all other states. Some of California tenant law provisions include the following (This is only a partial list):

Restrictions on Electric Vehicle Charging Systems

1. A tenant may install, at tenant’s expense, a level 1 or level 2 electric vehicle charging system on or in the leased premises.

2. A landlord shall not assess or charge a tenant any fee for the placement or use of an electric vehicle charging system, except in the event that the landlord pays for the electricity for the leased premises. If the landlord is responsible for the electricity cost of the premises, the landlord may only charge the tenant for the amount of electricity used by the charging system.

Victims of Domestic Violence

A landlord shall not terminate a lease agreement or impose a penalty on a residential tenant in regards to calls made by the tenant for peace officer assistance, or other emergency assistance in response to a domestic violence or domestic abuse situation.

1. A residential tenant may not waive the rights set out in this domestic violence statute.

2. When a tenant notifies a landlord that he or she is the victim of domestic violence or domestic abuse and seeks to vacate the premises due to fear of imminent danger for self or children due to this abuse, then the tenant has the right to do so after he or she follows the proper procedure. If the tenant provides the landlord with written notification and provides evidence of domestic violence or abuse in the form of a police report, then he or she may terminate the residential rental agreement or lease agreement and vacate the premises without further obligation. However, the tenant must perform the acts in the lease that that are require with any other lease termination such as leaving the property in a clean condition, payment of rent owed, etc.

3. If tenant has to vacate the premises due to domestic violence, the tenant must pay the landlord one month’s rent following the vacation of the premises. This amount shall be due and payable to the landlord within 90 days after the tenant vacates the premises. The landlord is not obligated to return the security deposit to the tenant until this amount has been paid.

The information provided by LandLordStation.com regarding California landlord tenant law is intended to give both landlords and tenants a better understanding of their rights under the California law. It is always advisable to seek the professional advice of an attorney when entering into, or dealing with issues or conflicts, of any rental agreement.

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