10 Surprising Legal Protections for California Renters

Knowing your state’s rental laws is crucial before renting a house or apartment. Fortunately, broad federal regulations protect all tenants from crucial issues like discrimination, but there are state-level laws that may offer more or fewer protections.

Still, many other laws vary from state to state and from city to city. If you're moving out West to California or simply feel you're being taken advantage of by your Los Angeles landlord, you'll want to be aware of a whole set of renters' rights.

This article primarily highlights ten laws that apply to renters in California. While we researched the most up-to-date information, laws are constantly changing. Be sure to do your due diligence to check on your city and state's current renters' rights policies!

State-By-State

Knowing your state’s renters’ rights is essential to maintaining a harmonious relationship with your landlord. For example, Utah doesn't have specific laws when it comes to security deposits, nor does your Utah landlord need a rental license. That may seem illegal for Americans moving from, say, Philadelphia, where landlords must be licensed. However, Pennsylvania as a whole doesn't have a landlord rental license law.

Luckily, there are guides to help you navigate your state’s laws. Avail has created a guide for every state with a list of specific rules, laws, regulations, and requirements.

California Dreamin' (Or Not)

California has very stringent rent control laws and protections for renters. That's great news if you're renting and potentially miserable news if you're a landlord. The Golden State has earned the reputation of not being particularly landlord-friendly due to the challenges landlords face in the eviction process.

As with anywhere else in the U.S., rental laws vary from city to city, so it’s essential to familiarize yourself with all of the particulars. For instance, while California doesn't require a state business license to rent out a property, the city of Sacramento does. With that under our belt, below are ten other renters' rights situations you should look out for, using California as an example when applicable.

1. Security Deposits

In July 2024, California changed the maximum security deposit landlords could ask for from two months' rent to one. Landlords can also only use security deposits for past-due rent, damage repairs, cleaning, and furniture if agreed upon in the lease.

This means that landlords can’t withhold your security deposit for regular wear and tear, such as faded paint, small scuffs on the floor, and nail holes in the wall. Landlords are also required to return the security deposit within 21 days after move-out.

2. Application Fees

Before filling out a rental application, make sure the landlord isn't overcharging you. In 2024, California actually adjusted the maximum amount property owners can charge for application fees.

While there's a state maximum, landlords are only supposed to charge the equivalent of any fees they pay plus their time for screening an applicant. So, if a landlord spends $50 on the screening and their time, then legally, they can only charge an applicant $50.

3. Safety

It's common across the U.S. for there to be laws protecting your safety as a renter. Various laws protect renters’ safety in California. Renters have a right to a safe and habitable living space, privacy, quiet enjoyment, and protection against landlord retaliation.

This means renters are protected if they report their landlord for housing violations or discrimination. If a landlord’s actions are found to be retaliatory, then a tenant can be entitled to up to $2,000 in additional damages per act or triple the amount if they're elderly or a person with disabilities.

4. Privacy Rights

In a non-emergency situation, tenants in the U.S. have a right to privacy, meaning that your landlord or property management can not enter your home without 24-hour notice. They must provide details of the reason for entering, as well as the date and the time, which should always be during regular business hours.

Landlords can also not excessively intrude on a tenant’s privacy or be disruptive. If this occurs, then it can be considered landlord harassment.

5. Rent Control

If you're a renter and lucky, you live in a state with strict rent control laws! California has particularly stringent rent control laws. The California Tenant Protection Act imposes rent caps as well as eviction protections and establishes what is within a landlord’s jurisdiction.

The law limits annual rent increases to no more than 5% plus the local inflation rate or 10%, depending on which is lower. It also sets up requirements of “just cause” for evictions, which are typically highlighted in the lease.

6. Prompt Repairs

Let's face it — things are bound to break whether you own a home or rent. So, before renting a property, verify what kind of laws are in place for repairs. For example, in California, landlords are required to make repairs promptly. For necessary repairs, the timeframe is 30 days or less, and for urgent health or safety issues, it’s immediate.

Tenants can withhold rent or repair and deduct the cost themselves for any urgent matters as long as they follow legal protocols. Landlords must always uphold habitable living conditions.

7. Eviction Laws

Most states have laws concerning renter eviction, but they're far from the same. In the case of the Golden State, the California Tenant Protection Act protects tenants from unlawful evictions. However, the language used in the law is pretty broad.

A landlord can end the tenancy with “just cause,” which can be broken down into two categories: “at fault,” which means the tenant has failed to comply with the lease or other tenant duties, or “no-fault,” which means the reason for ending the lease isn't within the tenants’ control. Some reasons for “at fault” include failure to pay rent, committing criminal activity on the property, or damaging the property.

8. Discrimination Laws

The Federal Fair Housing Act protects tenants across the U.S. from discrimination based on race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, or source of income. In the case of California, landlords can run background and credit checks during the screening process but may have to adhere to local laws regarding what is and isn't considered discrimination.

Landlords can ask for rental history and contact previous landlords, but they're prohibited from requesting certain personal information from potential tenants.

9. Landlord Disclosures

Lead-based paint disclosure is the only federally mandated disclosure landlords are required to provide tenants. From there, the federal government leaves it up to states and cities to require any additional disclosures.

In California, landlords are required to disclose potential health or legal issues, such as mold, bed bugs, and flood zones. They also must disclose any deaths that occurred on the property within the last three years and how to access the sex offender registry.

10. Tenant Responsibilities

While landlords have many regulations and responsibilities when it comes to tenants, renters also have laws they must follow. Be sure to educate yourself on what these laws are. In the case of California, tenants are responsible for keeping their homes clean and habitable, paying rent on time, and using the rental unit for their living purposes.

Tenants also must respect their neighbors’ privacy and quiet enjoyment. Furthermore, they must promptly notify their landlord or management of any necessary repairs or damages.