Regardless of whether you’re a Hollywood hopeful looking for an apartment to rent while you waiting for your breakthrough to stardom, or an up-and-coming landlord who’s set on leasing studios near the best hangout places downtown, you should be familiar with California’s landlord-tenant laws so you don’t get in trouble with the law.

It might feel overwhelming once you start searching for leads and dealing with rental agreements, but having enough knowledge about your rights as a landlord or tenant will surely ease your worries.

Here are a few basic facts you need to know about California’s leasing laws on security deposits, rental fees, and eviction policies.

SECURITY DEPOSITS

Security deposits are payments made by renters to landlords in the beginning of leasing. It is not considered as rent. It is simply endorsed to landlords so that they can secure payment in case the tenant causes damage to the property or if they commit a violation to rental terms and agreements. It can also be used to cover unpaid rent after the leasing contract is terminated.

Should there be any damages to the property caused by a tenant or a tenant’s guest, the landlord is allowed to use the security deposit to pay for the repairs. However, landlords are not allowed to use it for common wear and tear.

Once tenants move out, the cost for cleaning the property can be taken from the security deposit, provided that it adheres to the caveat that the amount of cleaning should only be enough to restore the property’s cleanliness at the start of tenancy. This is where the importance of a move-in and move-out inspection come into play because it will ensure that the condition of the unit at the beginning and end of the occupancy will be documented.

California rental law allows landlords to return security deposits to tenants within 21 days after the latter moves out of the property. It can be mailed or personally delivered by the landlord to the tenant.

Should there be any deduction to the deposit, the landlord must provide the tenant a letter explaining the reasons behind them. It must contain an itemized list of deductions, remaining amount of the security deposit, and copies of receipts related to the deductions and other charges. However, receipts for repairs amounting to less than $124 doesn’t need to be included. Tenants can also waive their right to receive deduction receipts.

All the documents mentioned should be delivered to the tenant within the 21-day period.

The law also regulates the security deposits charged by landlords by setting an allowable amount. The limit for security deposits only apply to rentals of residential properties, not commercial ones. According to the law, security deposits for unfurnished apartments should not exceed 200% of the monthly rent. However, for furnished apartments, the deposit can be equal to 300% of the monthly rent.

If you are an active duty military, landlords are not allowed to charge you a security deposit amounting to more than one months’ worth of rent or two month’s worth of rent, for unfurnished properties and furnished properties, respectively.

RENTAL FEES

Rental fees in California would vary from one property to another. It is usually based on the convenience of the location, amenities, and other features. This is up to the landlord to decide.

It is not allowed by California landlord-tenant law that a landlord increases the rent by any amount they want. With a bill that mandates rent control across the state, a landlord can only be allowed to raise their rent by 5% per annum plus inflation. However, the rent control doesn’t apply to housing properties built in the last 15 years and doesn’t supersede existing laws on rent control in San Francisco, L.A., and other cities in California.

It is within the rights of a tenant to withhold rent in circumstances where their landlord fails to execute mandatory maintenance to the rented unit. The landlord is responsible for property maintenance such as making sure that the unit is safe, habitable, and adheres to state and local codes. The tenant, under such circumstances, is also allowed to move out from the property without giving any notice to the landlord.

EVICTION POLICIES

A landlord can evict a tenant if the latter violates the lease agreement. Failing to pay rent or bringing prohibited animals are just a few violations that are legal grounds for a tenant’s eviction.

Other legal grounds for eviction also includes repeatedly causing serious nuisance to other tenants despite warnings and intentionally damaging the rented property.

On the other hand, it is illegal for a landlord to evict a tenant if the eviction is based on discriminatory reasons such as gender, race, nationality, or disability.

Once you are familiar with these basic laws for property leasing in California, your next goal is to make sure to find quality and reliable leads and ensure that they understand these laws as well. It’s best to start by posting your available unit in websites such as Padleads.com because it gives access to a wide list of available listings to interested occupants and provide them means of easy communication with property owners.