Important California Laws That Every Landlord Should Know
To read the exact California law concerning these topics, please click on the code sections below.
Landlord’s DUTY TO REPAIR a residential unit
California Civil Code 1941
- 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?
The UNHABITABILITY of a residential unit
California Civil Code 1941.1
- What is the exact definition of what makes a residential unit habitable or uninhabitable?
The TENANT’S DUTIES
California Civil Code 1941.2
- What is the tenant’s duty to keep the premises clean?
- What if the tenant won’t let the landlord in to make repairs?
SECURITY DEPOSITS for residential dwelling units
California Civil Code 1950.5
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
SECURITY DEPOSITS for commercial units
California Civil Code 1950.7
- What is required and what is prohibited
LANDLORD’S RIGHT TO ENTER THE PREMISES
California Civil Code 1954
- 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
GAS AND ELECTRIC METERS
California Civil Code 1940.9
- Requirements for Landlords if there are not separate meters to each unit
DOOR AND WINDOW LOCKS
California Civil Code 1941.3
- 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
- Landlord’s duty to install and maintain at least one usable telephone jack
Tenant’s RESTRAINING ORDER against a non-tenant
California Civil Code 1941.5
- Landlord’s duties when the Tenant has a restraining order against a non-tenant
Tenant’s RESTRAINING ORDER against a co-tenant
California Civil Code 1941.6
- Landlord’s duties when the tenant has a restraining order against a non-tenant
California Civil Code 1941.7
- 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
TENANT’S RIGHT TO “REPAIR AND DEDUCT”
California Civil Code 1942
- When can a Tenant make their own repair and deduct it from the rent?
RENTING PREMISES “AS-IS”
California Civil Code 1942.1
- Can a Landlord rent a premises “as-is” and/or hire the Tenant to make the repairs?
PRESUMPTION OF UNHABITABILITY
California Civil Code 1942.3
- What makes the court presume that the premises are uninhabitable?
- How do you overcome the presumption?
Collecting RENT on UNHABITABLE PREMISES
California Civil Code 1942.4
- Can a Landlord collect rent on an unhabitable premises?
Landlord’s RETALIATION against Tenant
California Civil Code 1942.5
- What constitutes retaliation against the tenant for requesting a repair?
- What are the consequences if the court finds retaliation?