Landlords who retaliate are at risk of having the tenant terminate the lease and sue the landlord. If a court decides the landlord has retaliated against the tenant, the following penalties may be assessed: [1]
Under landlord-tenant law in California, there is never a time that a landlord can retaliate against a tenant for exercising their rights.
However, actions that may seem retaliatory can be legal if within the law. For instance, a landlord may increase the rent at the end of the lease term, and terminate a lease or evict a tenant for violating the terms of the agreement.
Under the Fair Housing Act, landlords cannot discriminate against a tenant based on protected characteristics such as race, color, national origin, religion, sex, familial status, or disability.
Discriminatory acts include:
A landlord does not provide necessary repairs to a Black tenant, but provides necessary repairs to a White tenant.
Landlords who discriminate are at risk of having the tenant terminate the lease and sue the landlord. When suing the landlord, a tenant may either file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the federal court in the jurisdiction where the tenant resides.
If either HUD or a federal court decides the landlord has discriminated against the tenant, the tenant may be eligible for the following remedies: [2]
In California, a landlord can never discriminate against a tenant, except in one instance. The exception is known as the “Mrs. Murphy Exemption.”
The “Mrs. Murphy” exemption provides that if a dwelling has four or fewer rental units and the owner lives in one of those units, that owner is exempt from the Fair Housing Act. Therefore, a landlord would be able to discriminate against tenants. [3]
There is a blanket ban on a landlord discriminating against the tenant because of race. No matter the Mrs. Murphy exemption, a landlord can never discriminate against a tenant because of race.
Furthermore, the exemption does not apply to rental advertisements. For example, the owner of the dwelling cannot be discriminatory in their advertisements by saying that people of a certain sexual orientation or race need not apply just because the dwelling itself is exempt from the Fair Housing Act.
In California, landlords cannot evict a tenant or force them to vacate the rental premises without legal cause that a tenant violated the lease.
A landlord may have legal grounds for evicting a tenant if the tenant: [4]
Landlords who evict their tenants without legal cause will be liable to the tenant for certain damages. If a court finds the landlord evicted the tenant without cause, the landlord may be liable for:
Once a court finds there was no cause for eviction, tenants will be able to return to the leased premises.
California landlords may not evict without adequate notice. An emerging legal trend from 2023-24 in California suggests that many properties are federally entitled to a minimum 30 days of advance notice before a landlord can file eviction for nonpayment of rent or other fees. This applies to residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired. [11]
In California, a landlord cannot legally evict a tenant without cause. However, a landlord would be able to evict a tenant on legal grounds such as the tenant not paying rent on time, staying after the lease ends, violating lease terms or not upholding responsibilities under California law.
Eviction proceedings include:
Ensure that the tenant has violated the lease terms prior to initiating an eviction lawsuit.
A landlord in California cannot raise the rent as often as they want nor increase it by an unreasonable amount during the life of the lease term. A rent increase will be illegal if it is done in any of three instances:
Unless written into the lease, a landlord cannot increase rent prior to the end of the contract. [5] When landlords do raise the rent for the aforementioned reasons, they will be in violation of the lease, and the tenant will be able to terminate the lease. Landlords may also be charged fines and penalties associated with increasing rent.
Before raising the rent, a landlord should ensure that it is done after the lease term has ended. If the proper procedure is outlined in the lease, those procedures should be followed.
A landlord can increase rent at the end of any lease term. A lease is a legally binding contract, and the landlord must abide by the terms, including the set monthly rent. However, there are no control laws in California, so any time a lease expires, the landlord can raise the rent as much as they like and allow the tenant the chance to renew at the new rate.
If the lease is for two years, the landlord can only raise the rent every two years, but if it’s a month-to-month lease, they can raise it every 30 days if they so choose.
In California, a landlord may not withhold the tenant’s security deposit for any disallowed reason. [6]
For example, a landlord would be unable to withhold the security deposit for property damage incurred from normal wear and tear. Normal wear and tear is deterioration or damage that happens as a result of a tenant living in and using the rental unit in a reasonable manner.
A landlord who withholds a tenant’s security deposit will be responsible for repaying the tenant the whole security deposit amount. Furthermore, the landlord may also be on the hook for attorney’s fees and three times the amount of the security deposit.
A landlord will be able to withhold a tenant’s security deposit for certain reasons. These reasons include: [6]
Should there be any deductions, the landlord must provide an itemized list of deductions that were made within 30 days.
Landlords in California cannot violate the covenant of quiet enjoyment, which is an implied term in every lease that guarantees the tenant will have quiet and peaceful possession of the leased premises.
There are several ways a tenant’s right to quiet enjoyment can be violated. Some common examples of violations include: [7]
A landlord would be in violation of the covenant of quiet enjoyment if they continuously allow a tenant to yell racial slurs at another tenant.
There are different recourse options that tenants can take when their rights are violated, including but not limited to:
Any of these actions would have a negative impact on the landlord. The landlord could also be liable for compensation such as moving expenses, attorney’s fees and other expenses.
In California, a landlord cannot violate the covenant of quiet enjoyment under any circumstances.
However, actions that seem to violate the covenant of quiet enjoyment may be legal in certain circumstances. For example, a landlord may enter the premises without providing notice to the tenant, in the event of an emergency.
A landlord enters into a tenant’s premise because there is evidence of a flood.
In California, landlords must uphold the implied warranty of habitability, which is guaranteed in leases and ensures that the leased premises meet habitability requirements.
There are several ways a landlord may violate the warranty of habitability. Some common examples of violations include: [8]
A landlord violates the warranty of habitability, if, after notice of breaking, they do not repair the heating system in the winter.
When a landlord violates the warranty of habitability, a tenant is entitled to relief such as:
Landlords in California cannot violate the warranty of habitability at any time.
A landlord in California cannot constructively evict tenants from the leased premises.
Constructive eviction is a circumstance where a tenant’s use of the property is so significantly impeded by actions under the landlord’s authority that the tenant has no alternative but to vacate the premises
Examples of constructive eviction include:
Landlords who evict their tenants without just cause will be liable to the tenant for certain damages. If a court finds the landlord evicted the tenant without cause, the landlord may be liable for:
Once a court finds there was no cause for eviction, tenants will be given a Writ of Reentry, which will allow them to return into the leased premises.
In California, a landlord cannot withhold services or force out a tenant so as to constructively evict them.
Although, if a tenant has violated the lease terms, then the landlord can perform actions that are generally associated with constructive eviction. After lease termination, landlords are not contractually obligated to provide the mandatory services outlined in the lease.
When landlords communicate with tenants, they cannot make any statements under false pretenses, which may lead the tenant to believe something that is not true.
There are many ways in which a landlord can commit fraud, including:
A landlord may not tell the tenant that they can pay the rent in a certain way, and then fail to accept that method of payment at a later time.
Landlords who defraud current and prospective tenants may face litigation. Depending on the court, the tenant may be entitled to:
In California, landlords cannot defraud tenants under any circumstance.
Prior to renting out leased premises, landlords must register the rental premises with the proper authorities. Landlords must then conduct a proper inspection so that the premises are in a habitable condition for the tenant.
Failure to register the premises and conduct an inspection may lead to fines and other taxes. For example, in Austin, when a landlord fails to properly register the rental unit, they may be liable for up to $2,000.
Landlords must always pass state inspections to lease out the rental property.
Unless prior written consent has already been granted, a landlord can prohibit a tenant from subletting in California. A landlord reserves the right to deny any and all future requests from a tenant to sublease. However, a landlord cannot deny a qualified sublessee or assignee.
A qualified sublessee or assignee is one that:
When a landlord denies a qualified subtenant or assignee, the original tenant may sue the landlord for damages. A tenant may be able to recover money equivalent to the amount of monthly rent for which the landlord disallowed the prospective subtenant or assignee from making payments.
Furthermore, damages associated with the landlord’s failure to mitigate damages may be possible. The duty to mitigate damages exists where the landlord must take reasonable steps to re-rent the unit to a replacement tenant.
A landlord can deny a sublessee when:
In California, a landlord cannot charge an unlimited amount for a security deposit. In most cases, California law caps a security deposit at one month’s rent. There are limited exceptions for landlords who rent property on a very small scale. [6]
Landlords in California can deduct expenses from the security deposit. [6]
A landlord will be able to withhold a tenant’s security deposit for certain reasons. These reasons include:
In California, a landlord can sue a tenant for violating the lease. Common lease violations include:
Landlords can recover damages such as unpaid rent, costs of property damage the tenant caused and eviction of the tenant.
A landlord can enter into a tenant’s premise when there is an emergency. [8]
In practice, a landlord should try to give at least 24 hours’ notice before entering a rented apartment to make (or assess for) repairs or show the unit to prospective new tenants.
In the event of an emergency, such as a fire, burst water pipe, or gas leak, landlords have the right to enter without notice. They may also enter the premises if a tenant has moved out without notifying the tenant or if the landlord has a court order to do so.
A landlord in California can conduct a background check on prospective tenants. [9] In California, landlords must make available to the applicant, printed notice of the landlord’s tenant selection criteria, including:
In California, there are usually costs associated with background checks.
In California, a landlord can charge late fees for late rent. A landlord can charge up to a certain percentage of the monthly rent as a late penalty. If the landlord is going to charge a late fee, the following requirements need to be met:
California law requires that landlords set occupancy limits depending on the type of property the landlord owns.
Generally, the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the premises. There are certain exceptions allowing a higher occupancy limit such as state or federal laws that allow a higher occupancy rate or if an adult is seeking temporary sanctuary from family violence.
A landlord in California can require certain forms of payment.
California law does not say how a tenant must pay their rent. It does not discuss rules a landlord might impose that would make tenants pay a specific way, like online or with a money order. How a tenant must pay the rent will depend on the specific lease.
California law ensures that landlords will provide the option for tenants to pay in cash, unless the lease states otherwise. When a tenant pays in cash, a landlord must provide a written receipt confirming payment.
In California, a landlord can charge an application fee associated with a rental application. The fee is to pay the landlord’s cost of running a background check on a prospective tenant.
If the landlord rejects an applicant and the landlord has not made proper notice, the landlord will have to return the application fee. Furthermore, if an applicant requests a landlord to mail a refund of the applicant’s application fee to the applicant, the landlord shall mail the refund check to the applicant.
Beginning in 2024, California landlords can no longer limit tenants from owning and storing at least one “micromobility device” on the premises per occupant. The law applies to any devices which have both of the following features: [10]
The law is extremely broad, and covers everything from roller blades up to certain electric mopeds. As an alternative to letting tenants store micromobility devices themselves, landlords also have the option to provide tenants with a commonly available free and secure long-term storage option that includes electrical connections for recharging.
If the lessor retaliates against the lessee because of the exercise by the lessee of the lessee’s rights under this chapter or because of the lessee’s complaint to an appropriate agency as to the tenantability of the dwelling, the lessor may not recover possession of a dwelling.
If neither party elects to have a federal civil trial before the 20-day Election Period expires, HUD will promptly schedule a hearing for your case before an ALJ…payment of damages.
Discrimination” does not include refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements.
When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held…need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.
The bill would authorize an owner who increased the rent by less than the amount specified above between March 15, 2019, and January 1, 2020, to increase the rent twice within 12 months of March 15, 2019, but not by more than the amount specified above.
As used in this section, “security” means any payment, fee, deposit, or charge, including, but not limited to, any payment, fee, deposit, or charge…to remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.
[Except as provided by statute], a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy.
A landlord or a landlord’s agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.
If within a reasonable time after written or oral notice to the landlord or his agent…in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.
The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant
(a) For purposes of this section:(1) “Personal micromobility device” means a device with both of the following characteristics:
(A) It is powered by the physical exertion of the rider or an electric motor. (B) It is designed to transport one individual or one adult accompanied by up to three minors. (2) “Secure, long-term storage” means a location with all of the following characteristics:
(A) Access is limited to residents of the same housing complex. (B) It is located on the premises. (C) It is reasonably protected against precipitation. (D) It has a minimum of one standard electrical connection for each personal micromobility device that will be stored and recharged in that location. (E) Tenants are not charged for its use. (b) A landlord shall not prohibit a tenant from either of the following:
(1) Owning personal micromobility devices. (2)
(A) Storing and recharging up to one personal micromobility device in their dwelling unit for each person occupying the unit if the personal micromobility device meets one of the following:
(i) Is not powered by an electric motor. (ii) Complies with the following safety standards:
(I) For e-bikes, UL 2849, the Standard for Electrical Systems for E-bikes, as recognized by the United States Consumer Product Safety Commission, or EN 15194, the European Standard for electrically powered assisted cycles (EPAC Bicycles). (II) For e-scooters, UL 2272, the Standard for Electrical Systems for Personal E-Mobility Devices, as recognized by the United States Consumer Product Safety Commission, or EN 17128, the European Standard for personal light electric vehicles (PLEV). (iii) Is insured by the tenant under an insurance policy covering storage of the device within the tenant’s dwelling unit. The owner may prohibit the tenant from charging a device in the unit if the device does not meet the standards in subclauses (I) and (II) of clause (ii). (B) Subparagraph (A) does not apply if the landlord provides the tenant secure, long-term storage for the tenant’s personal micromobility devices. (C) Subparagraphs (A) and (B) do not apply to circumstances in which an occupant of the unit requires the use of a personal micromobility device as an accommodation for a disability. (c) This section does not require a landlord to modify or approve a tenant’s request to modify a rental dwelling unit for the purpose of storing a micromobility device inside of the dwelling unit. (d) This section does not prohibit a landlord from doing any of the following:
(A) Prohibiting repair or maintenance on batteries and motors of personal micromobility devices within a dwelling unit. (B) Subparagraph (A) does not prohibit a tenant from changing a flat tire or adjusting the brakes on a personal micromobility device within the unit. (2) Requiring a tenant to store a personal micromobility device in compliance with applicable fire code. (3) Requiring a tenant to store a personal micromobility device in compliance with the Office of State Fire Marshal Information Bulletin 23-003 regarding lithium-ion battery safety, issued April 3, 2023, or any updated guidance issued by the Office of the State Fire Marshal regarding lithium-ion battery safety, if such bulletin or guidance is provided to the tenant by the landlord. (e) This section does not limit the rights and remedies available to disabled persons under federal or state law.
Properties and tenancies that are covered under the CARES ACT must be provided 30 days’ notice to vacate for non-payment of rent.
Caution: There is not yet any statewide judicial guidance in California regarding the CARES Act requirements. As noted above, the City of Alameda officially states a 30-day notice is required for nonpayment of rent or other fees. An Alameda court case from June 2024 confirms this. While not an official resource, California Association of Realtors guidance from May 2023 agrees that the law appears to require a 30-day notice to evict for nonpayment of rent or other fees, in properties covered by the CARES Act.
