California has some of the strongest tenant protection laws in the country. These laws are in place to ensure that landlords treat tenants fairly and provide them with safe, livable housing. However, many renters are not fully aware of what a landlord cannot do in California. In this article, we’ll break down the rules and explain the rights you have as a tenant, including what landlords are not allowed to do under California law.
What a Landlord Cannot Do in California: A Quick Overview
As a tenant in California, you are entitled to certain protections, and landlords must follow strict rules when managing rental properties. While landlords have the right to collect rent and manage their property, there are several things they cannot do. Here are some of the main things a landlord cannot do in California:
- Enter your home without proper notice
- Discriminate against tenants
- Evict tenants without following legal procedures
- Refuse to make necessary repairs
- Retaliate against tenants for exercising their rights
Let’s take a closer look at each of these protections and what they mean for tenants.
A Landlord Cannot Enter Without Proper Notice
One of the most important rights tenants have in California is the right to privacy. This means that landlords cannot enter your home without proper notice. While landlords are allowed to enter the property for specific reasons, such as making repairs or showing the unit to prospective renters, they must give you at least 24 hours’ notice before entering.
The only exception to this rule is in the case of an emergency, such as a fire or a gas leak, where immediate entry is necessary to protect the property or the tenants. Outside of emergencies, landlords must respect your privacy and cannot enter your home whenever they want.
Reasonable Notice
In addition to the 24-hour notice rule, landlords must provide what is called “reasonable notice.” This means that they should plan their visits at a time that is convenient for the tenant, typically during normal business hours. If a landlord fails to give proper notice, tenants have the right to refuse entry or report the violation.
A Landlord Cannot Discriminate Against Tenants
Discrimination is another area where California law is very clear. Landlords cannot discriminate against tenants based on factors like race, gender, religion, disability, family status, or national origin. The California Fair Employment and Housing Act (FEHA) and the federal Fair Housing Act (FHA) both prohibit discrimination in housing.
Examples of Discrimination
Discrimination can happen in many ways, and it’s important to recognize it. Here are some examples of what a landlord cannot do in California when it comes to discrimination:
- Refusing to rent to someone because of their race, religion, or nationality
- Charging higher rent or security deposits based on a tenant’s gender or family status
- Refusing to rent to families with children
- Denying housing to someone with a disability or failing to make reasonable accommodations for a tenant’s disability
If you believe a landlord is discriminating against you, you have the right to file a complaint with the California Department of Fair Employment and Housing (DFEH) or take legal action.
A Landlord Cannot Evict You Without Following Legal Procedures
In California, landlords cannot simply evict a tenant without going through the proper legal process. Even if you fall behind on rent or violate the terms of your lease, the landlord must follow the eviction rules. This includes providing written notice and, in most cases, giving you time to correct the issue before filing for eviction.
Types of Eviction Notices
There are several types of eviction notices that a landlord can give, depending on the situation:
- 3-Day Notice to Pay Rent or Quit: If you fall behind on rent, your landlord can give you a 3-day notice to either pay the rent or move out.
- 30 or 60-Day Notice to Vacate: If the landlord wants to end your tenancy for reasons unrelated to your behavior, they must provide a 30 or 60-day notice depending on how long you’ve lived in the property.
- 3-Day Notice to Cure or Quit: If you violate the terms of your lease (for example, by keeping a pet in a no-pet building), the landlord can give you a 3-day notice to fix the violation or move out.
Illegal Evictions
It is illegal for a landlord to force you out without going through the proper legal channels. A landlord cannot do the following to evict a tenant:
- Change the locks to prevent you from entering your home
- Shut off utilities like water, electricity, or gas to force you out
- Remove your belongings without a court order
- Use threats or harassment to make you leave the property
If your landlord tries to evict you illegally, you can fight the eviction in court and may be entitled to compensation.
A Landlord Cannot Refuse to Make Necessary Repairs
As a tenant in California, you have the right to a safe and habitable living space. This means that landlords are responsible for making necessary repairs to keep the property in good condition. If something breaks down, like the plumbing, heating, or electrical systems, the landlord must fix it in a reasonable amount of time.
What Is Considered “Habitability”?
Habitability refers to the basic conditions required for a home to be considered safe and livable. In California, the law requires landlords to provide:
- Running water and plumbing
- Heating and electrical systems that work
- A roof and walls that protect tenants from the weather
- Doors and windows that can be locked for security
- Free from pests and vermin
If your landlord refuses to make necessary repairs, you have the right to take action. You can file a complaint with local housing authorities, withhold rent, or even repair the problem yourself and deduct the cost from your rent.
A Landlord Cannot Retaliate Against You for Exercising Your Rights
Retaliation is another area where tenants have strong protections. A landlord cannot retaliate against you for exercising your rights under California law. For example, if you file a complaint about unsafe living conditions or join a tenant’s rights organization, your landlord cannot punish you for it.
Examples of Retaliation
Some common forms of retaliation include:
- Raising the rent after a tenant files a complaint
- Trying to evict a tenant for reporting safety violations or organizing with other tenants
- Harassing or intimidating a tenant after they request repairs
If a landlord tries to retaliate against you, they are violating your rights. You can file a lawsuit against the landlord, and if the court finds that the landlord retaliated against you, they may have to pay damages.
Other Things a Landlord Cannot Do in California
There are several other rules that California landlords must follow to ensure fair treatment of tenants. Here are a few more things that a landlord cannot do:
Raise Rent Without Proper Notice
In rent-controlled areas, landlords cannot raise rent beyond a certain percentage each year. Even in areas without rent control, landlords must give you written notice before raising your rent. For example, if your rent is increasing by less than 10%, the landlord must give you at least 30 days’ notice. If the rent is increasing by more than 10%, the landlord must give 90 days’ notice.
Keep Your Security Deposit Unfairly
In California, landlords are not allowed to keep your security deposit unless there is a valid reason. The deposit can only be used for unpaid rent, cleaning, or repairing damages beyond normal wear and tear. If a landlord withholds your security deposit without a valid reason, you can take legal action to get your money back.
Enter Into an Illegal Lease Agreement
Landlords cannot force tenants to sign illegal lease agreements. For example, a lease that waives your right to habitable living conditions or restricts your ability to report discrimination is not enforceable. California law protects tenants from signing contracts that violate their rights.
Bottom Line: What a Landlord Cannot Do in California
Knowing your rights as a tenant is essential to avoid unfair treatment. California has strong laws that protect tenants from landlords’ illegal actions. A landlord cannot enter your home without proper notice, discriminate against you, evict you without following legal procedures, refuse to make necessary repairs, or retaliate against you for standing up for your rights. If your landlord is violating these rules, you have the right to take legal action and protect yourself.
By understanding what a landlord cannot do in California, you can ensure that your living situation remains fair, safe, and secure.
FAQs
Q: What can a landlord not do in California?
A: A landlord cannot enter your home without proper notice, discriminate against tenants, evict tenants without following legal procedures, or refuse to make necessary repairs.
Q: Can a landlord raise rent without notice in California?
A: No, landlords must give written notice before raising rent. In most cases, at least 30 to 90 days’ notice is required, depending on the amount of the increase.
Q: Is it legal for a landlord to evict a tenant without cause?
A: No, a landlord cannot evict a tenant without following the legal eviction process, which includes providing notice and a valid reason for the eviction.
Q: Can a landlord retaliate against tenants for filing complaints?
A: No, retaliation is illegal in California. A landlord cannot raise rent, evict, or harass a tenant for exercising their legal rights.
Q: What should I do if my landlord refuses to make repairs?
A: If your landlord refuses to make necessary repairs, you can file a complaint with local housing authorities, withhold rent, or pay for the repairs yourself and deduct the cost from your rent.
