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
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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
PHONE JACKS
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
MOLD
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?