Rules and Regulations Governing California Landlord – Tenant Laws

Below is a summary of rental laws in California. This article is researched and cited according to the Official California Civil Code, however, it is very important that every landlord and property manager review their state and local laws and speak with an attorney in their state for further guidance and clarification.

The California Civil Code and other reputable municipal sources were used to research this information.  Resource links to the California Civil Code on Landlord-Tenant Laws and the California tenant’s handbook have been included for your convenience.

Rental laws are amended and updated by state legislation, you are advised to speak with a local housing authority and licensed attorney that specializes in landlord-tenant laws in California for a detailed interpretation of the rental laws that affect you. This article is an educational reference and does not constitute legal advice.

OFFICIAL STATE RESOURCES FOR LANDLORD-TENANT LAWS IN CALIFORNIA

• California Civil Code – Hiring of Real Property Cal. Civ. Code §§ 1940-1954.1
• California Civil Code – Cal. Civ. Code §§ 1961 to 1995.340
• California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities

Lochner v. New York The general right to make a contract in relation to his business is part of the liberty protected by the Fourteenth Amendment, and this includes the right to purchase and sell labor, except as controlled by the State in the legitimate exercise of its police power.Lochner v. New York The general right to make a contract in relation to his business is part of the liberty protected by the Fourteenth Amendment, and this includes the right to purchase and sell labor, except as controlled by the State in the legitimate exercise of its police power.

“Right of protecting property, declared inalienable by constitution, is not mere right to protect it by individual force, but right to protect it by law of land, and force of body politic.” Billings v. Hall (1857), 7 C. 1.

“Constitution of this state declares, among inalienable rights of each citizen, that of acquiring, possessing and protecting property.  This is one of primary objects of government, is guaranteed by constitution, and cannot be impaired by legislation.”  Billings v. Hall (1857), 7 C. 1.

LAWS ABOUT SECURITY DEPOSITS

Max Security Deposit Amount: (Cal. Civ. Code § 1950.5)

• Equal to 2 months rent for an unfurnished property

• Equal to 3 months rent for a furnished property

Nonrefundable Security Deposit: Are not allowed (Cal. Civ. Code § 1950.5m)

Additional Move-In Fees:

Application screening fee – A landlord might charge you an application screening fee to cover the cost of obtaining information about you, like checking references and ordering a credit report. The application screening fee is not part of the security deposit. (Cal. Civ. Code § 1950.6)

New tenant processing fee – A landlord might charge you a fee to reimburse the landlord for the costs of processing you as a new tenant. For example, at the beginning of the tenancy, the landlord might charge you for providing application forms, listing the unit for rent, interviewing and screening you, and similar purposes. These kinds of fees are part of the security deposit, and may be refundable. (Cal. Civ. Code § 1950.5(b))

Security Deposit Refund Timeline: 21 days after vacancy. (Cal. Civ. Code § 1950.5g)

Move-In Inspection: No state law.

Move-Out Inspection: A landlord is required to notify the tenant in writing about his right to request a pre-move-out inspection at a reasonable time prior to a lease termination.

The pre-move-out inspection will take place prior to any final inspection a landlord will make on the vacated premise. A pre-move-out inspection gives the landlord an opportunity to point out potential security deposit deductions and allows the renter reasonable time to remedy the identified deficiencies. (Cal. Civ. Code § 1950.5f)

Legal Use of Security Deposit Funds:

• Unpaid rent
• Damages beyond normal wear and tear, by a renter or guest of the renter
• Cleaning fees associated with returning the property to it’s pre-move in condition
• Restore, repair or return the property to its pre-move in condition according to the lease agreement. (Cal. Civ. Code § 1950.5(b))

Failure to Comply with Security Deposit Laws: If a landlord mishandles a security deposit or fails to comply with security deposit laws, he may be required to pay the tenant twice the amount of the security, in addition to actual damages. (Cal. Civ. Code § 1950.5)

Additional CA Security Deposit Laws:  

• Tenants must receive by first-class mail, postage prepaid, a copy of an itemized statement for any deductions, and the return of any remaining portion of the security deposit. (Cal. Civ. Code § 1950.5)
• Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises. (Cal. Civ. Code § 1950.5(g(2)))
• A tenant can request that a security deposit refund be returned electronically to a bank account or financial institution. (Cal. Civ. Code § 1950.5(g(1)))
• A tenant can request that the itemized account of deductions be delivered via email (Cal. Civ. Code § 1950.5(g(1)))

LAWS ABOUT RENTAL APPLICATIONS

Application Costs: A landlord may only charge an application fee that covers the actual out-of-pocket costs of gathering information for tenant screening – including credit and background reports and the reasonable value of time spent acquiring and reviewing screening data. (Cal. Civ. Code § 1950.6b)

LAWS ABOUT RENT

Increases: Landlords must provide 30 days notice if the rent increase is less than 10 percent.  If the rent increase is more than 10 percent, 60 days notice is required.  (Cal. Civ. Code §§ 827(b)(2-3))

Maximum charge: No state statute for maximum rent, unless the property is under local rent control jurisdiction.

Grace Period: Rent is due at the end of the month unless otherwise stated in your lease or rental agreement. A landlord can require rent be due on any day in a month as long as it says so in the lease agreement. (Cal. Civ. Code § 1947)

Late Fees: Allowed if specified in the lease, are “reasonable” and follow local rent control laws. (Handbook p. 30)

Insufficient Funds: Equal to the actual bank fee. Or a landlord can charge a flat “service” fee which is $25 for the first occurrence, and $35 for each occurrence thereafter. (Cal. Civ. Code § 1719).

Partial Rent Payments: Landlords are allowed to take the partial payment and still give a tenant an eviction notice if necessary. (Handbook, p. 30)

Payment Methods: A landlord cannot allow all rents be paid via electronic funds transfer only. They must allow tenants to pay rent by at least one form of payment that is not cash or electronic funds transfer. (Cal. Civ. Code § 1947.3)

LAWS ABOUT THE LEASE

Discrimination: Landlords are not allowed to ask any tenants or applicants about their immigration or citizenship status. Landlords are required to follow federal requirements about discrimination and may request information and documentation to determine the financial qualifications of a prospective tenant. (Cal. Civ. Code § 1940.3)

Lease Terms: Unless designated in writing, rental terms are assumed to be a month to month tenancy. (Cal. Civ. Code § 1943)

Renters Insurance: Landlords can require renters obtain renters insurance if they own a waterbed to cover possible water damage. (Cal. Civ. Code § 1940.5(a))

Lease Termination: California requires the following notice terms be met depending on the length of tenancy or the reason for termination:

• Month-to-month lease, under one year: 30 days notice required by the landlord or the tenant (Cal. Civ. Code § 1946)
• Month-to-month lease, over one year: 60 days notice (Cal. Civ. Code § 1946.1)
• Fixed end date lease: No notice required.

Lease Termination Due to Sale of Property: A landlord can terminate a month-to-month tenancy with 30 days notice after the sale of property if certain conditions are met. A landlord cannot terminate a fix-term lease. (Cal. Civ. Code § 1946.1)

Renewals: If the lessor accepts rent from a tenant after a lease term has expired, it is thought to have renewed under the previous terms, unless the lease agreement states otherwise. (Cal. Civ. Code § 1945)

Evictions: If the tenant doesn’t voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court. (Handbook, p. 72)

Occupancy Limits: In order to prevent overcrowding of rental units, California has adopted the Uniform Housing Code’s occupancy requirements. A landlord can establish reasonable standards for the number of people per square feet in a rental unit, but the landlord cannot use overcrowding as a pretext for refusing to rent to tenants with children if the landlord would rent to the same number of adults. (Handbook, p. 8)

No Smoking Policy: The lease agreement is allowed to prohibit cigarette smoking and other tobacco products, as defined in Section 104556 of the Health and Safety Code, in the dwelling unit, and other interior and exterior areas. (Cal. Civ. Code § 1947.5)

Threatening a Tenant: It is illegal to use, or threaten to use, force, willful threats, or menacing conduct that interferes with a tenant’s right to quiet enjoyment for the purpose of influencing a tenant to vacate.. (Cal. Civ. Code § 1940.2)

Required Landlord Disclosures in California

As a landlord in California, you must provide your tenants with certain disclosures before they can move into your property. The following are some of them.

The following are some of the disclosures that you must provide tenants with when renting out a property in the state of California according to California landlord tenant laws:

• Disclosure about lead-based paint concentrations. This is mandatory for landlords renting out units built prior to 1978.
• Disclosure of any known mold.
• Disclosure in the rental agreement of how utility fees are applied and how they are going to be shared among tenants in a multi-family unit.
• Disclosure of asbestos. This is only mandatory for landlords with buildings built before 1979.
• Disclosure of possible drug contamination where remediation is yet to be completed.
• Disclosure of your tenant’s right to access the sex offender registry.
• Disclosure of any planned future demolition that will have an impact on a tenancy.
• Disclosure about bed bug infestation. In doing so, you must use a specific language as outlined under California law (Civ. Code §§ 1954.603).
• Written information regarding bed bugs using language specified in Civ. Code §§ 1954.603.
• Documentation regarding any known mold.
• Disclosure on how utility fees are going to be split among renters in a multi-unit dwelling.
• Knowledge of asbestos for landlords renting out units built prior to 1979.
• Disclosure of any known information regarding drug contamination.
• Disclosure of the tenant’s right to have access to the sex offender registry.
• Providing the landlord’s contact information to the tenant

California Landlord Rights & Responsibilities

According to landlord tenant laws, landlords in California have the following rights. A right to:

• Enter rented the rental unit to perform needed or requested responsibilities.
• Evict a tenant for failing to observe the terms of the lease agreement.
• Ask a tenant to pay a security deposit prior to moving into the rental unit.
• Penalize a tenant for breaking their lease agreement early, especially if the reason for doing so is not legally justified.
• Charge reasonable late fees as long as they are outlined in the lease or rental agreement.

The following are some of the responsibilities you have as a California landlord.

• Give at least 24 hours advance notice prior to entering an occupied rental unit.
• Provide your tenant with certain mandatory disclosures.
• Not to discriminate against your tenant based on race, color, religion, sex, nationality, ancestry, marital status, or any other protected class.
• Raise rent in accordance with AB 1483 of the Tenant Protection Act.
• Abide by California security deposit law.
• Follow the proper eviction process when evicting a tenant from their rental unit.
• Respond to repair requests in a “reasonable” amount of time. This time is normally interpreted as 30 days (or sooner for emergency situations).

LAWS ABOUT LANDLORD RESPONSIBILITIES

Notice for Entry: Tenants must receive reasonable advance notice in writing before the landlord or landlord’s agent can enter a rental unit. The notice must state the date, approximate time and purpose of entry. Advance notice is not required for an emergency, when a tenant has moved or abandoned the property, if the tenant and landlord agree to entry to make repairs or supply services, or if the tenant is present and consents to the entry at that time. (Cal. Civ. Code § 1954)

Implied Warranty of Habitability: A rental unit must be fit to live in; that is, it must be habitable. In legal terms, “habitable” means that the rental unit is fit for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants’ health and safety. (Cal. Civ. Code § 1941)

Required Amenities: A building will be deemed uninhabitable if it does not have the following amenities and characteristics –

• Effective waterproofing and weather protection of roof and exterior wall, including unbroken windows and doors.
• Plumbing or gas facilities, maintained in good working order
• A water supply that is capable of producing hot and cold water, with appropriate fixtures and connected to a sewage disposal system
• Heating facilities, maintained in good working order
• Electrical lighting, with wiring and electrical equipment, maintained in good working order
• Building, grounds, and property that is kept clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
• An adequate number of garbage receptacles, in clean condition and good repair. The landlord must provide serviceable receptacles in good condition if they are under his control throughout the lease.
• Floors, stairways, and railing maintained in good repair

(Cal. Civ. Code § 1941.1)

Heat/Water Requirements: Landlords must provide Plumbing or gas facilities, maintained in good working order; a water supply that is capable of producing hot and cold water, with appropriate fixtures and connected to a sewage disposal system; and heating facilities, maintained in good working order. (Cal. Civ. Code § 1941.1)

Security Requirements: Landlords are required to install and maintain-

• An operable deadbolt on each main swinging entry door of a dwelling unit
• Operable window security or locking devices on windows designed to be opened (some exclusions apply)
• Locking mechanisms on exterior doors that provide access to common areas of multifamily developments.

(Cal. Civ. Code § 1941.3)

Utility Billing By the Landlord: California law does not specifically regulate how landlords bill tenants for water and sewer utilities.  the landlord must reach an agreement with you, which must be in writing, about who will pay for the shared utilities. (Cal. Civ. Code § 1940.9)

LAWS ABOUT PROPERTY MAINTENANCE AND REPAIRS

Tenant Maintenance Responsibilities: Tenants are required to meet the following maintenance responsibilities under California Law, unless otherwise agreed upon in writing with the landlord –

• (1) To keep that part of the premises which he occupies and uses clean and sanitary as the condition of the premises permits.

• (2) To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner.

• (3) To properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits.

• (4) Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing.

• (5) To occupy the premises as his abode, utilizing portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be used for such occupancies.

SECTION 1941.2 “TENANT’S DUTY OF HABITABILITY”

(Cal. Civ. Code § 1941.2)

Repair and Deduct: If a tenant notifies a landlord of required repairs that make the property inhabitable, and which are not the fault of the tenant, and the landlord does not act to the notice within 30 days, the tenant can perform the repairs himself and deduct the expenses from rent, as long as the repair expenses do not exceed one month’s rent. A tenant is only allowed to do this twice in a 12-month period. (Cal. Civ. Code § 1942)

LEGAL DISCLOSURE REQUIREMENTS

Murders/Death: Landlords and property managers must tell prospective tenants if a prior occupant died in the rental unit within the past three years. (Cal. Civ. Code § 1710.2)

Demolition Permit: A property owner must inform all current or future tenants when he has applied for a demolition permit. He must give written notice to prospective tenants before entering into a rental agreement with the tenant. The notice must state the earliest approximate dates that the owner expects the demolition to occur and that the tenancy will end. (Cal. Civ. Code § 1940.6)

Methamphetamine Contamination: If a property is found to be contaminated with methamphetamine, a local health officer must issue an order prohibiting the use or occupancy of the property to the property owner and all occupants. The owner must give written notice of the health officer’s order and a copy of it to potential tenants who have completed an application to rent the contaminated property. A tenant may cancel their rental agreement if the owner does not meet these requirements. (Health and Safety Code Sections 25400.10-25400.46)

Pest Control: Landlords must provide notice to tenants regarding the use of pest control on the structure by a registered structural pest control company pursuant to
Section 8538 of the Business and Professions Code, if a contract for periodic pest control service has been executed and provide notice prior to each application. (Business and Professions Code Section 8538, Cal. Civ. Code §§ 1940.8–1940.8.5)

Asbestos: Residential property built before 1981 may contain asbestos. A leading reference for landlords recommends that landlords make asbestos disclosures to tenants whenever asbestos is discovered in the rental property.  (Handbook p. 23)

Former Military Ordnance Location: The landlord of a residential dwelling unit who has actual knowledge of any former federal or state ordnance locations in the neighborhood area shall give written notice to a prospective tenant of that knowledge prior to the execution of a rental agreement. In cases of tenancies in existence on January 1, 1990, this written notice shall be given to tenants as soon as practicable thereafter. (Cal. Civ. Code § 1940.7)

Mold: Landlord must disclose, prior to lease signing, knowledge of any mold in the dwelling that exceeds safety limits or poses a health concern. Landlord must distribute a State Department of Health Services consumer handbook once it is developed and approved. (Cal. Health & Safety Code § 26147 and Cal. Civ. Code § 1941.7)

Lead Paint: Federal Law requires all landlords to include a “Lead Warning Statement” in their lease for buildings built before 1978 about lead-based paint and/or potential hazards.  Additionally, landlords are required to provide renters with an EPA-approved information pamphlet about lead-based paint and lead-based paint hazards.(Residential Lead-Based Paint Hazard Reduction Act, Title X)

Sexual Offenders: Landlords are required to include the following language in the lease:

“Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.” (Cal. Civ. Code § 2079.10a)

RANDOM TENANT LAWS

Political Signs: Landlords cannot prohibit tenants from posting political signs as long as they meet local guidelines, are under 6 square feet in size, and are removed within a timely manner. (Cal. Civ. Code §§ 1940.4)

Waterbeds: A landlord must allow a tenant to install a water if the unit that received a valid certificate for occupancy after 1973 as long as certain conditions are met. (Cal. Civ. Code § 1940.5)

Telephone Line Access: Building owners are required to install and maintain at least one telephone jack and place and maintain necessary telephone wiring as established by the California Electrical Code and Public Utilities Commission. (Cal. Civ. Code § 1941.4)

Declaw/Devocalize Animals: Landlords cannot require their tenants’ pets to be declawed or devocalized. (Cal. Civ. Code § 1942.7)

California Tenant Rights and Responsibilities

These are some of the rights tenants have in the state of California.

A right to:

• Break the lease for certain legally justified reasons, such as, when starting an active military service or for habitability violations.
• Be provided with proper notice prior to entry by the landlord.
• Live in peace and quiet enjoyment.
• Continue occupying the property until the proper eviction process has been followed.
• Reside in a habitable property.
• Have repairs completed within a reasonable time frame after service of proper notice.
• Exercise their housing rights, such as filing a health or safety report.
• A fair tenant screening exercise.
• A fair and judicial eviction process.
• Be provided with certain disclosures.

When it comes to responsibilities, they are as follows:

•  Serve the landlord with proper notice prior to moving out.
• Abide by all requirements of the lease agreement.
• Respect the peace and quiet of other tenants by keeping noise levels down.
• Let the landlord know of needed repairs within a reasonable time frame.
• Pay rent to the landlord on time

California Landlord Rights and Responsibilities

California landlords have certain rights under the residential tenancies act. A right to:

• Require tenants to sign a lease prior to moving in.
• Enforce the terms of the lease or rental agreement
•  Evict a tenant for violating the terms of the agreement, such as nonpayment of rent.
• Require tenants to pay a security deposit upon signing the rental agreement.
• Enter the tenant’s rented premises after serving the proper notice.
• Terminate a periodic lease agreement after providing them with the proper notice.
• Be notified when a tenant is looking to leave town for an extended period of time.

The list of responsibilities that California landlords have includes the following.

A responsibility to:

• Abide by all terms of the lease agreement.
• Notify the tenant prior to entering their rented premises.
• Notify the tenant prior to terminating their periodic agreement.
• Abide by the state’s security deposit laws.
• Ensure the unit abides by the state’s safety, health, and building codes.
• Maintain peace and quiet.
• Provide the tenant with the aforementioned mandatory disclosures.

Overview of the California Landlord Tenant Laws

Landlord’s Right to Entry

As a landlord, you have a right to enter your tenant’s rental property under landlord tenant laws. Be that as it may, you have certain obligations that you must abide by when doing so. Firstly, you must provide the tenant with a 24-hour advance notice prior to entering.

California landlords must have a legitimate reason for entry, such as, to inspect the property, to show the unit to prospective tenants, or court order. Finally, you must enter the tenant’s rented unit during normal business hours or as agreed.

The only exception to these rules is if there is an emergency.

Rent Increase

As a landlord, you must abide by AB 1483 – the Tenant Protection Act. The act limits the increase of rental rates based on inflation. It also establishes jurisdictions for local rent control.

According to the act, you must give your tenant proper written notice prior when raising the rent. If the raise is less than 10% of one month’s rent, you must give the tenant a 30 days notice.

If it is greater than 10% of one months rent, you must serve them a 60 days advance written notice.

Housing Discrimination

You have an obligation to treat your tenants equally and fairly. The Fair Housing Act prohibits any form of discrimination on the basis of a tenant’s race, color, religion, sex, familial status, nationality, and disability.

The state of California fair housing law also extends additional protection to tenants based on sexual orientation, primary language, marital status, immigration status, gender identity, mental disability, citizenship status, and income source.

Evictions in California

You can evict a tenant in California from their rental unit for the following reasons.

• Unpaid of rent.
• Violation of the lease or rental agreement.
• When the lease comes to an end.
• Foreclosure of the rental property.
• Illegal use of the rental property.

It’s illegal to evict tenants on the basis of a protected class or as a retaliatory tactic. If the landlord fails to follow these eviction laws it can result in legal issues.

Warranty of Habitability

Landlords have a duty to keep their rental property in a safe and habitable condition. For instance, ensuring that the unit has running hot and cold water, and working smoke and carbon monoxide detectors.

In addition, you must respond to repair and maintenance issues within 30 days of being notified. Specifically, you must make necessary repairs within 30 days of getting written notice.

You have a responsibility to provide your tenant with a livable unit. Among other things, it must have the following amenities.

• Hot and cold running water.
• A working HVAC system.
• Properly working plumbing and sanitation systems.
• Safe stairs and railings.
• Working smoke detectors.
• A locking mailbox.
• No mold.

If the landlord fails to provide these basics to the tenant, then the California tenant may break the rental agreement legally.

Evictions

Landlords have a right to evict a tenant for certain justifiable reasons, such as nonpayment of rent, a lease violation, and illegal activity. It is your duty to ensure the process follows the proper eviction procedure.

The following is a basic overview of the process you must follow when evicting a tenant in California.

• Serve an eviction notice.
• File a lawsuit if the matter remains unresolved.
• Serve a copy of the summons and complaint to the tenant.
• Attend the court hearing and await judgment.
• Obtain a writ of possession and have the tenant evicted from the property.

Security Deposits

California law also obligates landlords to abide by certain rules when it comes to the collection of security deposits. Including:

• The maximum amount to collect. You must only ask for a security deposit within two months’ rent.
• What deductions you can make. You can only make deductions in certain situations. such as if the tenant moves out without clearing utility payments or for causing damage exceeding normal wear and tear.
• When to return the deposit. You must return the deposit within 21 days of the tenant moving out.

Lease Termination

In a fixed-term lease, a California tenant may be able to break their lease early for the following reasons.

• Active military duty.
• Uninhabitable unit.
• Landlord harassment.
• Early lease termination clause.

Both parties, landlord and tenant,  can end a rental agreement after serving proper notice. For instance, to terminate a month-to-month lease, a 30-day notice is required. For instance a 30-day notice is required to terminate a month-to-month lease.

However, a tenant must have a legally justified reason to terminate a fixed-term lease, such as active military duty, landlord harassment, and safety or health violations.

Cal. Civ. Code § 1941

1941.1.  

(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:

(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

(2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.

(3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.

(4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.

(5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.

(6) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.

(7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control.

(8) Floors, stairways, and railings maintained in good repair.

(9) A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008.

(b) Nothing in this section shall be interpreted to prohibit a tenant or owner of rental properties from qualifying for a utility energy savings assistance program, or any other program assistance, for heating or hot water system repairs or replacement, or a combination of heating and hot water system repairs or replacements, that would achieve energy savings.

(Amended by Stats. 2012, Ch. 600, Sec. 1. (AB 1124) Effective January 1, 2013.)  

1940.8.  

A landlord of a residential dwelling unit shall provide each new tenant that occupies the unit with a copy of the notice provided by a registered structural pest control company pursuant to Section 8538 of the Business and Professions Code, if a contract for periodic pest control service has been executed.

(Added by Stats. 2000, Ch. 234, Sec. 2. Effective January 1, 2001.)

1940.8.5  

• (a) For purposes of this section, the following terms have the following meanings:
  • (1) “Adjacent dwelling unit” means a dwelling unit that is directly beside, above, or below a particular dwelling unit.
  • (2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with a landlord to act on the landlord’s behalf in relation to the management of a residential rental property.
  • (3) “Broadcast application” means spreading pesticide over an area greater than two square feet.
  • (4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at or through which a tenant, landlord, or authorized agent has authorized electronic delivery.
  • (5) “Landlord” means an owner of residential rental property.
  • (6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases.
  • (7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).
  • (8) “Licensed pest control operator” means anyone licensed by the state to apply pesticides.
• (b)
  • (1) A landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed pest control operator shall provide a tenant of that dwelling unit and, if making broadcast applications, or using total release foggers or aerosol sprays, any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning:
    • (A) The pest or pests to be controlled.
    • (B) The name and brand of the pesticide product proposed to be used.
    • (C) “State law requires that you be given the following information:CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”
    • (D) The approximate date, time, and frequency with which the pesticide will be applied.
    • (E) The following notification:
      “The approximate date, time, and frequency of this pesticide application is subject to change.”
  • (2) At least 24 hours prior to application of the pesticide to the dwelling unit, the landlord or authorized agent shall provide the notice to the tenant of the dwelling unit, as well as any tenants in adjacent units that are required to be notified pursuant to paragraph (1), in at least one of the following ways:
    • (A) First-class mail.
    • (B) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises.
    • (C) Electronic delivery, if an electronic mailing address has been provided by the tenant.
    • (D) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.
  • (3) (A) Upon receipt of written notification, the tenant may agree in writing, or if notification was electronically delivered, the tenant may agree through electronic delivery, to allow the landlord or authorized agent to apply a pesticide immediately or at an agreed upon time.
    • (B)
      • (i) Prior to receipt of written notification, the tenant and the landlord or authorized agent may agree orally to an immediate pesticide application if a tenant requests that the pesticide be applied before 24-hour advance notice can be given. The oral agreement shall include the name and brand of the pesticide product proposed to be used.
      • (ii) With respect to a tenant entering into an oral agreement for immediate pesticide application, the landlord or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the dwelling unit, or at the entrance of the unit in a manner in which a reasonable person would discover the notice.
      • (iii) If any tenants in adjacent dwelling units are also required to be notified pursuant to this subdivision, the landlord or authorized agent shall provide those tenants with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide.
  • (4)
    • (A) This subdivision shall not be construed to require an association, as defined in Section 4080, to provide notice of pesticide use in a separate interest, as defined in Section 4185, within a common interest development, as defined in Section 4100.
    • (B) Notwithstanding subparagraph (A), an association, as defined in Section 4080, that has taken title to a separate interest, as defined in Section 4185, shall provide notification to tenants as specified in this subdivision.
• (c)
  • (1) A landlord or authorized agent that applies any pesticide to a common area without a licensed pest control operator, excluding routine pesticide applications described in subdivision (d), shall post written notice in a conspicuous place in the common area in which a pesticide is to be applied that contains the following statements and information using words with common and everyday meaning:
    • (A) The pest or pests to be controlled.
    • (B) The name and brand of the pesticide product proposed to be used.
    • (C) “State law requires that you be given the following information:CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.If within 2 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”
    • (D) The approximate date, time, and frequency with which the pesticide will be applied.
  • (2)
    • (A) The notice shall be posted before a pesticide application in a common area and shall remain posted for at least 24 hours after the pesticide is applied.
    • (B) Landlords and their authorized agents are not liable for any notice removed from a common area without the knowledge or consent of the landlord or authorized agent.
    • (C) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application required in subparagraph (A) unreasonable, a landlord or authorized agent shall post the notification as soon as practicable, but not later than one hour after the pesticide is applied.
  • (3) If a common area lacks a suitable place to post a notice, then the landlord shall provide the notice to each dwelling unit in at least one of the following ways:
    • (A) First-class mail.
    • (B) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises.
    • (C) Electronic delivery, if an electronic mailing address has been provided by the tenant.
    • (D) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.
  • (4) This subdivision shall not be construed to require any landlord or authorized agent, or an association, as defined in Section 4080, to provide notice of pesticide use in common areas within a common interest development, as defined in Section 4100.
• (d)
  • (1) A landlord or authorized agent that routinely applies pesticide in a common area on a set schedule without a licensed pest control operator shall provide a tenant in each dwelling unit with written notice that contains the following statements and information using words with common and everyday meaning:
    • (A) The pest or pests to be controlled.
    • (B) The name and brand of the pesticide product proposed to be used.
    • (C) “State law requires that you be given the following information:CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”
    • (D) The schedule pursuant to which the pesticide will be routinely applied.
  • (2)
    • (A) The landlord or authorized agent shall provide the notice to both of the following:
      • (i) Existing tenants prior to the initial pesticide application.
      • (ii) Each new tenant prior to entering into a lease agreement.
    • (B) The landlord or authorized agent shall provide the notice to the tenant in at least one of the following ways:
      • (i) First-class mail.
      • (ii) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises.
      • (iii) Electronic delivery, if an electronic mailing address has been provided by the tenant.
      • (iv) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.
    • (C) If the pesticide to be used is changed, a landlord or authorized agent shall provide a new notice pursuant to paragraph (1).
    • (D) This subdivision shall not be construed to require any landlord or authorized agent, or an association, as defined in Section 4080, to provide notice of pesticide use in common areas within a common interest development, as defined in Section 4100.
• (e) Nothing in this section abrogates the responsibility of a registered structural pest control company to abide by the notification requirements of Section 8538 of the Business and Professions Code.
• (f) Nothing in this section authorizes a landlord or authorized agent to enter a tenant’s dwelling unit in violation of Section 1954.
• (g) If a tenant is provided notice in compliance with this section, a landlord or authorized agent is not required to provide additional information, and the information shall be deemed adequate to inform the tenant regarding the application of pesticides.

(Added by Stats. 2015, Ch. 278, Sec. 2. (SB 328) Effective January 1, 2016.)

1940.9.  

• (a) If the landlord does not provide separate gas and electric meters for each tenant’s dwelling unit so that each tenant’s meter measures only the electric or gas service to that tenant’s dwelling unit and the landlord or his or her agent has knowledge that gas or electric service provided through a tenant’s meter serves an area outside the tenant’s dwelling unit, the landlord, prior to the inception of the tenancy or upon discovery, shall explicitly disclose that condition to the tenant and shall do either of the following:
  • (1)  Execute a mutual written agreement with the tenant for payment by the tenant of the cost of the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit.
  • (2) Make other arrangements, as are mutually agreed in writing, for payment for the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit. These arrangements may include, but are not limited to, the landlord becoming the customer of record for the tenant’s meter, or the landlord separately metering and becoming the customer of record for the area outside the tenant’s dwelling unit.
• (b) If a landlord fails to comply with subdivision (a), the aggrieved tenant may bring an action in a court of competent jurisdiction. The remedies the court may order shall include, but are not limited to, the following:
  • (1) Requiring the landlord to be made the customer of record with the utility for the tenant’s meter.
  • (2) Ordering the landlord to reimburse the tenant for payments made by the tenant to the utility for service to areas outside of the tenant’s dwelling unit. Payments to be reimbursed pursuant to this paragraph shall commence from the date the obligation to disclose arose under subdivision (a).
• (c) Nothing in this section limits any remedies available to a landlord or tenant under other provisions of this chapter, the rental agreement, or applicable statutory or common law.
• (Added by Stats. 1989, Ch. 861, Sec. 1.)

1941.3.  

• (a) On and after July 1, 1998, the landlord, or his or her agent, of a building intended for human habitation shall do all of the following:
  • (1) Install and maintain an operable dead bolt lock on each main swinging entry door of a dwelling unit. The dead bolt lock shall be installed in conformance with the manufacturer’s specifications and shall comply with applicable state and local codes including, but not limited to, those provisions relating to fire and life safety and accessibility for the disabled. When in the locked position, the bolt shall extend a minimum of¹³/₁₆ of an inch in length beyond the strike edge of the door and protrude into the doorjamb.This section shall not apply to horizontal sliding doors. Existing dead bolts of at least one-half inch in length shall satisfy the requirements of this section. Existing locks with a thumb-turn deadlock that have a strike plate attached to the doorjamb and a latch bolt that is held in a vertical position by a guard bolt, a plunger, or an auxiliary mechanism shall also satisfy the requirements of this section. These locks, however, shall be replaced with a dead bolt at least ¹³/₁₆ of an inch in length the first time after July 1, 1998, that the lock requires repair or replacement.Existing doors which cannot be equipped with dead bolt locks shall satisfy the requirements of this section if the door is equipped with a metal strap affixed horizontally across the midsection of the door with a dead bolt which extends ¹³/₁₆ of an inch in length beyond the strike edge of the door and protrudes into the doorjamb. Locks and security devices other than those described herein which are inspected and approved by an appropriate state or local government agency as providing adequate security shall satisfy the requirements of this section.
  • (2) Install and maintain operable window security or locking devices for windows that are designed to be opened. Louvered windows, casement windows, and all windows more than 12 feet vertically or six feet horizontally from the ground, a roof, or any other platform are excluded from this subdivision.
  • (3) Install locking mechanisms that comply with applicable fire and safety codes on the exterior doors that provide ingress or egress to common areas with access to dwelling units in multifamily developments. This paragraph does not require the installation of a door or gate where none exists on January 1, 1998.
    • (b) The tenant shall be responsible for notifying the owner or his or her authorized agent when the tenant becomes aware of an inoperable dead bolt lock or window security or locking device in the dwelling unit. The landlord, or his or her authorized agent, shall not be liable for a violation of subdivision (a) unless he or she fails to correct the violation within a reasonable time after he or she either has actual notice of a deficiency or receives notice of a deficiency.
    • (c) On and after July 1, 1998, the rights and remedies of tenant for a violation of this section by the landlord shall include those available pursuant to Sections 1942, 1942.4, and 1942.5, an action for breach of contract, and an action for injunctive relief pursuant to Section 526 of the Code of Civil Procedure. Additionally, in an unlawful detainer action, after a default in the payment of rent, a tenant may raise the violation of this section as an affirmative defense and shall have a right to the remedies provided by Section 1174.2 of the Code of Civil Procedure.
    • (d) A violation of this section shall not broaden, limit, or otherwise affect the duty of care owed by a landlord pursuant to existing law, including any duty that may exist pursuant to Section 1714. The delayed applicability of the requirements of subdivision (a) shall not affect a landlord’s duty to maintain the premises in safe condition.
    • (e) Nothing in this section shall be construed to affect any authority of any public entity that may otherwise exist to impose any additional security requirements upon a landlord.
    • (f) This section shall not apply to any building which has been designated as historically significant by an appropriate local, state, or federal governmental jurisdiction.
    • (g) Subdivisions (a) and (b) shall not apply to any building intended for human habitation which is managed, directly or indirectly, and controlled by the Department of Transportation. This exemption shall not be construed to affect the duty of the Department of Transportation to maintain the premises of these buildings in a safe condition or abrogate any express or implied statement or promise of the Department of Transportation to provide secure premises. Additionally, this exemption shall not apply to residential dwellings acquired prior to July 1, 1997, by the Department of Transportation to complete construction of state highway routes 710 and 238 and related interchanges.

(Added by Stats. 1997, Ch. 537, Sec. 1. Effective January 1, 1998.)

 ​

1954.  

(a) A landlord may enter the dwelling unit only in the following cases:

(1) In case of emergency.

(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.

(3) When the tenant has abandoned or surrendered the premises.

(4) Pursuant to court order.

(5) For the purposes set forth in Chapter 2.5 (commencing with Section 1954.201).

(6) To comply with the provisions of Article 2.2 (commencing with Section 17973) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

(b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.

(c) The landlord may not abuse the right of access or use it to harass the tenant.

(d) (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

(3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.

(e) No notice of entry is required under this section:

(1) To respond to an emergency.

(2) If the tenant is present and consents to the entry at the time of entry.

(3) After the tenant has abandoned or surrendered the unit.

(Amended by Stats. 2018, Ch. 445, Sec. 1. (SB 721) Effective January 1, 2019.)

8538.

• (a) A registered structural pest control company shall provide the owner, or owner’s agent, and tenant of the premises for which the work is to be done with clear written notice which contains the following statements and information using words with common and everyday meaning:
  • (1) The pest to be controlled.
  • (2) The pesticide or pesticides proposed to be used and the active ingredient or ingredients.
  • (3) “State law requires that you be given the following information: CAUTION—PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the Department of Pesticide Regulation and the United States Environmental Protection Agency. Registration is granted when the state finds that, based on existing scientific evidence, there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.“If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center (telephone number) and your pest control company immediately.” (This statement shall be modified to include any other symptoms of overexposure which are not typical of influenza.)“For further information, contact any of the following: Your Pest Control Company (telephone number); for Health Questions—the County Health Department (telephone number); for Application Information—the County Agricultural Commissioner (telephone number), and for Regulatory Information—the Structural Pest Control Board (telephone number and address).”
  • (4) If a contract for periodic pest control has been executed, the frequency with which the treatment is to be done.
• (b) In the case of Branch 1 applications, the notice prescribed by subdivision (a) shall be provided at least 48 hours prior to application unless fumigation follows inspection by less than 48 hours.
  In the case of Branch 2 or Branch 3 registered company applications, the notice prescribed by subdivision (a) shall be provided no later than prior to application.
  In either case, the notice shall be given to the owner, or owner’s agent, and tenant, if there is a tenant, in at least one of the following ways:
  • (1) First-class or electronic mail, if an electronic mail address has been provided.
  • (2) Posting in a conspicuous place on the real property.
  • (3) Personal delivery.If the building is commercial or industrial, a notice shall be posted in a conspicuous place, unless the owner or owner’s agent objects, in addition to any other notification required by this section.The notice shall only be required to be provided at the time of the initial treatment if a contract for periodic service has been executed. If the pesticide to be used is changed, another notice shall be required to be provided in the manner previously set forth herein.
• (c) Any person or licensee who, or registered company which, violates any provision of this section is guilty of a misdemeanor punishable as set forth in Section 8553.

(Amended by Stats. 2015, Ch. 303, Sec. 14. (AB 731) Effective January 1, 2016.)​

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