California Landlord Tenant Law

Key Takeaways

• Rental Agreements Create Automatic Rights and Duties – In California, once a rental agreement is established—whether written, verbal, or through rent payment—both landlords and tenants automatically gain specific rights and responsibilities under state law.
• Disclosure, Compliance, and Fair Housing Are Essential – Landlords must provide required disclosures (such as mold, lead paint, or flood zones), follow fair housing laws, and comply with rent control, eviction, and entry notice regulations to remain legally protected and avoid disputes.
• Both Parties Share Rights and Responsibilities – Tenants are entitled to habitable housing, proper notice, and protection from discrimination, while landlords retain the right to enforce leases, collect rent, and evict when lawful. At the same time, landlords must maintain properties, respect tenant rights, and follow strict legal processes for rent increases and evictions.

Whether you’re a prospective landlord or a seasoned rental property owner, familiarizing yourself with the state’s landlord-tenant law is crucial. Among other things, it’ll help you know what you can and cannot do in all aspects of the landlord-tenant relationship. 

In California, the landlord-tenant law automatically applies after both you and the tenant have entered into a rental agreement.

As per the state’s landlord-tenant law, a rental agreement can only come about after either of the following things happens. 

• You enter into a written agreement with the tenant. 
• You make a verbal agreement with the tenant. 
• You accept a payment as rent. 

After this, each party will automatically obtain certain rights and duties. In this article, Uplift Property Management will walk you through all the important basics of California landlord-tenant law, including each party’s rights and responsibilities.

Required Landlord Disclosures in California 

If any of the following apply to your rental property, you must disclose this to tenants before they move in. 

• Disclosure on whether the unit is located within a known flood zone.
• Concentrations of lead-based paint. 
• Documentation of any known mold. 
• Knowledge of the use of asbestos if the building was built before 1979. 
• Knowledge of possible drug contamination. 
• The tenant’s right to access the sex offender registry for information. 
• Disclosure about any plans to demolish the building, which might impact the tenancy. 
• Whether the property is located within one mile of known military ordnance, especially if there is an explosion risk. 
• Any death that has occurred in the unit regarding a non-HIV or AIDS related issue. 
• Disclosure on the use of pesticides in the unit. 

California Tenant Rights & Responsibilities

After you establish a lease with a tenant in any of the aforementioned ways, they automatically acquire certain rights. This includes the right to:

• Live in a habitable home, and have repairs made within 30 days after reporting them to the landlord. 
• Terminate the tenancy after meeting the requirements under the lease. 
• Be properly notified before a rent hike. 
• Not be discriminated against based on protected classes like race, color, religion, or sexual orientation. 
• Proper notification before the landlord can access the unit. 
• Get a rent receipt after requesting it from the landlord. 
• Request lock changes if the resident becomes a victim of sexual harassment or domestic abuse. 

Tenants also acquire some responsibilities after moving into their rented homes. Tenants must: 

• Move out after the lease expires unless the landlord extends it.
• Maintain the unit’s cleanliness standards per the lease. . 
• Report issues to the landlord promptly after they arise. 
• Keep fixtures clean and sanitary. 
• Use the property for its intended purposes. 
• Not cause disturbance in the neighborhood. 
• Not cause negligent damage to the unit. 
• Pay rent on time and abide by all other obligations in the lease. 
• Allow landlord entry upon request. 

California Landlord Rights & Responsibilities 

Just like tenants, landlords in California acquire certain rights after successfully renting out the property.

These include the right to:

• Choose a resident for the property, as long as the process is fair to all applicants. 
• Draft a lease and enforce all of its rules. 
• Enter rented premises to perform certain duties, such as inspection and repairs. 
• Evict a tenant who fails to keep any terms of the lease. 
• Require new tenants to pay a security deposit before moving into the property. 
• Make lawful security deposit withholdings. 
• Terminate the tenancy per the terms of the lease. 
• Hold a tenant liable for all rent due under the lease for breaking the contract unlawfully. 
• Raise rent per the state or city rent control law. 

As a landlord in California, you are responsible for:

• Making requested repairs promptly to maintain its habitability. 
• Treating tenants fairly regardless of their nationality, sexual orientation, disability, or other protected class. 
• Drafting proper lease agreements and enforcing all of their terms without favor or prejudice. 
• Following the statewide eviction law before removing a tenant from their rented premises. 
• Not retaliating against a tenant after they engage in a protected action, like joining a tenants’ union. 
• Holding tenants’ security deposits per the state’s security deposit laws. 
• Abiding by California rent control and antidiscrimination laws. 
• Providing tenants with a notice of at least 24 hours before entering their rented premises. 

An Overview of the Landlord-Tenant Laws in California 

Landlord Entry 

As a landlord, you can enter a tenant’s rented unit, but you must first provide the tenant with a 24-hour notice in advance unless it is an emergency. This notice must be given in writing. 

Fair Housing Law

California law prohibits discrimination against tenants based on certain characteristics including: race, color, sex, nationality, disability, familial status, citizenship status, and immigration status. 

Rent Increases 

Unlike some other states, California has a rent control law in place. State law also allows local jurisdictions to create their own rent control laws. As such, make sure to familiarize yourself with any city laws in this regard. 

Tenant Evictions 

Landlords must strictly follow the state’s eviction process. You must not try to evict the tenant using self-help means, retaliatory methods, or evict a tenant based on a protected class under the Fair Housing Act. 

Bottom Line

The first step to successful landlording begins with knowing your legal rights and limitations. Hopefully, this article has been helpful in this regard. 

If you have questions or need expert help in managing your rental property, look no further than Uplift Property Management. We can help your rental property reach its full potential! 

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.