LEGAL RESOURCES

IMPORTANT CALIFORNIA LAWS EVERY LANDLORD SHOULD KNOW

To read the exact California law concerning these topics, please click on the code section below:

California Civil Code 1941 – Landlord’s DUTY TO REPAIR a residential unit

  • What is the landlord ‘s exact duty to repair the unit and maintain it in a habitable condition?
  • What is the tenant’s duty to keep the premises clean and undamaged? 1
  • What is the tenant’s duty to allow landlord in to make repairs?

California Civil Code 1941.1 – The UNHABITABILITY of a residential unit

  • What is the exact definition of what makes a residential unit habitable or uninhabitable?

California Civil Code 1941.2 – The TENANT’S DUTIES

  • What is the tenant’s duty to keep the premises clean?
  • What if the tenant won’t let the landlord in to make repairs?

California Civil Code 1950.5 – SECURITY DEPOSITS for residential dwelling units

The exact law on security deposits for residential dwelling units, covering:

  • What a security deposit is
  • How much of a deposit you can ask for
  • What deductions you are allowed to make
  • How to give the tenant proper notice of the deductions
  • How to give the tenant proper notice of his right to request an initial inspection of the premises
  • How to handle the tenant’s request for an inspection before, during and after the inspection

California Civil Code 1950.7 and 1950.8 – SECURITY DEPOSITS for commercial units

  • What is required and what is prohibited

California Civil Code 1954 – LANDLORD’S RIGHT TO ENTER THE PREMISES

  • When is a landlord allowed to enter the premises?
  • How to give proper notice of entry to the tenant
  • See also California Civil Code 1940.2 regarding abusing the right to enter

California Civil Code 1940.9 – GAS AND ELECTRIC METERS

  • Requirements for Landlords if there are not separate meters to each unit

California Civil Code 1941.3 – DOOR AND WINDOW LOCKS

  • Landlord’s duty to install and maintain door and window locks
  • Tenant’s duty to notify the Landlord of an inoperable door or window lock

California Civil Code 1941.4 – PHONE JACKS

  • Landlord’s duty to install and maintain at least one usable telephone jack

California Civil Code 1941.5 – Tenant’s RESTRAINING ORDER against a non-tenant

  • Landlord’s duties when the Tenant has a restraining order against a non-tenant

California Civil Code 1941.6 – Tenant’s RESTRAINING ORDER against a co-tenant

  • Landlord’s duties when the tenant has a restraining order against a non-tenant

California Civil Code 1941.7 – MOLD

  • Landlord ‘s duty to repair mold
  • Tenant’s duty to give Landlord notice of mold
  • Landlord’s right to enter the premises to repair mold

California Civil Code 1942 – TENANT’S RIGHT TO “REPAIR AND DEDUCT”

  • When can a Tenant make their own repair and deduct it from the rent?

California Civil Code 1942.1 – RENTING PREMISES “AS-IS”

  • Can a Landlord rent a premises “as-is” and/or hire the Tenant to make the repairs?

California Civil Code 1942.3 – PRESUMPTION OF UNHABITABILITY

  • What makes the court presume that the premises are uninhabitable?
  • How do you overcome the presumption?

California Civil Code 1942.4 – Collecting RENT on UNHABITABLE PREMISES

  • Can a Landlord collect rent on an unhabitable premises?

California Civil Code 1942.5 – Landlord’s RETALIATION against Tenant

  • What constitutes retaliation against the tenant for requesting a repair?
  • What are the consequences if the court finds retaliation?

Additional Laws:

cc 1940.2 Can I do a SELF-HELP EVICTION by threatening the tenant to vacate?

cc 1940.3 Can I ask about the tenant’s IMMIGRATION or CITIZENSHIP STATUS?


cc 1940.4 Can I stop tenants from putting up POLITICAL SIGNS?


cc 1940.5 Can I prohibit a WATERBED?


cc 1940.8 Do I have to give the tenant a copy of my PEST CONTROL CONTRACT?


cc 1940.8.5 Can I do the PEST CONTROL myself?


cc 1940.9 What if l don’t have separate GAS AND ELECTRIC METERS?


cc 1940.10 Can tenant have a GARDEN?


cc 1940.20 Can tenant put up a CLOTHESLINE?


cc 1942.2 Can tenant deduct a UTILITY BILL from the rent?


cc 1942.7 Can I make my tenant DE-CLAW or DE-VOCALIZE their pet?