California has some of the most tenant-friendly laws in the United States. Whether you’re a new or experienced landlord, understanding your legal boundaries is crucial. Overstepping tenant rights, whether intentionally or not, can lead to costly lawsuits, penalties, or revoked licenses.
In this blog, we’ll break down key actions that landlords in California cannot legally do, helping you stay compliant and informed.
1. Enter the Rental Property Without Proper Notice
Landlords in California cannot enter a tenant’s home without giving at least 24-hour written notice, unless it’s an emergency. Acceptable reasons for entry include necessary repairs, inspections, or showing the unit to potential renters or buyers. Any attempt to enter without notice, especially for non-emergency reasons, violates tenant privacy laws.
2. Evict Without Proper Legal Process
Even if rent is overdue or rules have been broken, landlords must follow legal eviction procedures, including issuing the appropriate notice (e.g., 3-day notice to pay or quit) and obtaining a court order before removing a tenant. Self-help evictions, like changing locks or shutting off utilities, are illegal and can result in severe penalties.
3. Discriminate Against Tenants
Under California’s Fair Employment and Housing Act (FEHA) and the federal Fair Housing Act, it’s illegal to discriminate against tenants based on race, religion, gender, sexual orientation, disability, family status, or other protected characteristics. Discrimination can occur in subtle ways, like setting different rental terms or refusing to rent altogether.
4. Retaliate Against Tenants
Retaliation is strictly prohibited in California. If a tenant complains to the health department, requests repairs, or exercises their legal rights, landlords cannot retaliate by raising rent, issuing eviction notices, or cutting services. Retaliatory actions can be legally challenged and may result in punitive damages.
5. Refuse to Make Repairs
Landlords are legally obligated to keep rental properties habitable under the California Civil Code 1941.1. This includes functioning plumbing, heating, water, and security features like working locks. Ignoring repair requests can allow tenants to withhold rent, make the repairs themselves and deduct costs, or even sue for damages.
6. Charge Unlawful Fees
Landlords can’t charge whatever they want. Application fees are capped, and security deposits for unfurnished units cannot exceed two months’ rent (three months for furnished units). Charging “non-refundable” deposits is also illegal, all security deposits must be refundable by law.
7. Refuse to Rent to Families with Children
Discriminating against tenants because they have children is a violation of familial status protections under fair housing laws. Landlords cannot steer families away from certain units or impose restrictions like “no children on the second floor.” This kind of discrimination is illegal even if presented as a safety concern.
8. Fail to Provide Proper Disclosures
California law requires landlords to provide certain disclosures to tenants, including:
- Presence of lead-based paint (for buildings built before 1978)
- Known mold issues
- Bed bug infestations
- Methamphetamine contamination (if applicable)
Failing to disclose these can lead to liability or invalidate parts of a lease.
9. Use Unenforceable Lease Terms
Lease agreements can’t include clauses that waive a tenant’s legal rights, such as:
- Waiving the right to a habitable home
- Denying the right to sue
- Bypassing eviction procedures
Such clauses are not just invalid, they can result in legal trouble for the landlord.
10. Raise Rent Illegally
Under California’s statewide rent control law (AB 1482), rent increases are capped at 5% plus the local inflation rate, up to a maximum of 10% annually, for many residential properties. Landlords also must provide adequate notice (30-90 days depending on the increase amount). Attempting to raise rent beyond legal limits is prohibited.
11. Ignore Reasonable Accommodation Requests
Tenants with disabilities are entitled to reasonable accommodations under federal and state law. This can include allowing service animals, installing grab bars, or assigning a closer parking spot. Denying or ignoring such requests can result in discrimination claims.
12. Terminate Tenancy Without Just Cause
In rent-controlled or just cause jurisdictions, landlords cannot evict tenants without a valid legal reason, such as nonpayment of rent, lease violations, or the landlord moving into the unit. A “no cause” eviction in these areas may be illegal.
13. Harass Tenants
Any behavior intended to intimidate, coerce, or pressure a tenant, such as frequent unannounced visits, threats, or public shaming, is considered harassment. Harassment is strictly forbidden and may result in both civil and criminal penalties.
14. Refuse Section 8 Vouchers
As of 2020, California law prohibits landlords from rejecting tenants based solely on their source of income, including housing vouchers (like Section 8). Advertising “No Section 8” or refusing to accept such applicants violates this law.
Want to ensure full compliance with fair housing laws? Explore our Fair Housing Webinars Page to stay informed and avoid costly mistakes.
Final Thoughts
Staying on the right side of California’s landlord-tenant laws is not only about avoiding lawsuits, it’s about fostering fair and respectful housing practices. As these laws continue to evolve, landlords should stay educated and updated.
