{"id":6448,"date":"2025-05-19T10:35:21","date_gmt":"2025-05-19T05:05:21","guid":{"rendered":"https:\/\/www.complianceprime.com\/blog\/?p=6448"},"modified":"2025-05-19T10:35:23","modified_gmt":"2025-05-19T05:05:23","slug":"things-landlords-cannot-legally-do-in-california","status":"publish","type":"post","link":"https:\/\/www.complianceprime.com\/blog\/2025\/05\/19\/things-landlords-cannot-legally-do-in-california\/","title":{"rendered":"Things Landlords Cannot Legally Do in California"},"content":{"rendered":"\n

California has some of the most tenant-friendly laws in the United States. Whether you\u2019re 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. <\/p>\n\n\n\n

In this blog, we\u2019ll break down key actions that landlords in California\u00a0 cannot legally do, helping you stay compliant and informed.<\/p>\n\n\n\n

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1. Enter the Rental Property Without Proper Notice<\/strong><\/h3>\n\n\n\n

Landlords in California cannot enter a tenant\u2019s home without giving at least\u00a0 24-hour written notice, unless it\u2019s 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.<\/p>\n\n\n\n

2. Evict Without Proper Legal Process<\/strong><\/h3>\n\n\n\n

Even if rent is overdue or rules have been broken, landlords\u00a0 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<\/a> or shutting off utilities, are illegal and can result in severe penalties.<\/p>\n\n\n\n

3. Discriminate Against Tenants<\/strong><\/h3>\n\n\n\n

Under California\u2019s Fair Employment and Housing Act (FEHA) and the federal Fair Housing Act, it\u2019s 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.<\/p>\n\n\n\n

4. Retaliate Against Tenants<\/strong><\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

5. Refuse to Make Repairs<\/strong><\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

6. Charge Unlawful Fees<\/strong><\/h3>\n\n\n\n

Landlords can\u2019t charge whatever they want. Application fees are capped, and\u00a0 security deposits for unfurnished units cannot exceed two months\u2019 rent (three months for furnished units). Charging “non-refundable” deposits is also illegal, all security deposits must be refundable by law.<\/p>\n\n\n\n

7. Refuse to Rent to Families with Children<\/strong><\/h3>\n\n\n\n

Discriminating against tenants because they have children is a violation of\u00a0 familial status protections under fair housing laws. Landlords cannot steer families away from certain units or impose restrictions like \u201cno children on the second floor.\u201d This kind of discrimination is illegal even if presented as a safety concern.<\/p>\n\n\n\n

8. Fail to Provide Proper Disclosures<\/strong><\/h3>\n\n\n\n

California law requires landlords to provide certain disclosures to tenants, including:<\/p>\n\n\n\n