California – A GUIDE TO RESIDENTIAL TENANTS’ AND LANDLORDS’ RIGHTS AND RESPONSIBILITIES
The California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities is an official publication by the California Department of Real Estate. It offers comprehensive information to help tenants and landlords understand their legal rights and responsibilities under California law. The guide covers various aspects of the rental process, from searching for a rental unit to resolving disputes.
🔍 Searching for a Rental Unit
When looking for a rental, tenants should inspect properties thoroughly, checking for issues like chipping paint, which could indicate poor maintenance or potential lead hazards in buildings constructed before 1978. Landlords are prohibited from discriminating against applicants based on race, religion, gender, disability, or other protected characteristics. Application fees are regulated, and landlords must provide receipts for any fees collected.
📝 Rental Agreements
Rental agreements can be oral or written, but written agreements are recommended for clarity. They should outline key terms such as rent amount, payment due dates, security deposit details, and maintenance responsibilities. Landlords are required to disclose certain information, including the presence of lead-based paint and details about periodic pest control treatments.
🏠 During the Tenancy
Tenants have the right to a habitable living environment. Landlords must maintain the property, ensuring that essential services like heating, plumbing, and electricity are in good working order. If repairs are needed, tenants should notify landlords in writing. If the landlord fails to make necessary repairs within a reasonable time, tenants may have the right to withhold rent or make repairs and deduct the cost from the rent, following specific legal procedures.tenantstogether.org+19AAOA+19Architectural Digest+19www.nolo.com+1California Courts+1
🔐 Security Deposits
Landlords may collect a security deposit, which is typically limited to two months’ rent for unfurnished units and three months’ rent for furnished units. Upon moving out, landlords must return the deposit within 21 days, providing an itemized statement if any deductions are made for repairs or cleaning.
🚪 Ending the Tenancy
Tenants wishing to move out must provide proper notice: 30 days for month-to-month agreements or as specified in the lease for fixed-term agreements. Landlords can terminate a tenancy for valid reasons, such as nonpayment of rent or violation of lease terms, but must follow legal procedures, including providing appropriate notice.
⚖️ Resolving Disputes
If disputes arise, tenants and landlords are encouraged to communicate openly to resolve issues. Mediation services are available and can be a cost-effective alternative to legal action. In cases where legal action is necessary, tenants may seek assistance from legal aid organizations or tenant advocacy groups.San Mateo County+2SHRA Portal+2propmgmtforms.com+2
For more detailed information, you view the full guide here:
*Note: This PDF was pulled from https://www4.courts.ca.gov/documents/California-Tenants-Guide.pdf on 05/29/2025. An updated version may become available at some point after this date.
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