If anyone tells you that the landlord and tenant laws in California are literally the same as they are in any other State that would not be true. California’s laws, rules and Unlawful Detainer Statutes were put into place in the year 1871 to avoid bloodshed because they uphold law and order, a discipline, and a certain level of understanding between the landlord, the tenant and the court. These rules and laws have been made after careful consideration and the California Legislature passed them into law.. Both parties have the same level of rights and responsibilities, which have to be fulfilled as per the California Eviction Laws, in order to legally and mutually create the landlord tenant relationship.
Landlords must follow the law, such as the rental space being habitable, clean and safe. The landlord or the landlord’s agents must make sure all the repairs take place well before the rental space is even allowed to have tenants living in it. If, however, the tenants find out that there are elements that endanger their health or safety and the inspection reveals that this element had been present before their tenants move in and take possession of the rental unit. In addition, the local housing authority makes rules for the use of property which add to the landlord and tenant’s responsibilities. For example, the California law Civil Code prohibits:
- unhealthy conditions in the residence, particularly in the bathroom and kitchen, which might cause disease, attract rodents, or breed insects;
- dangerous structures or objects, especially those that attract children; and
- overcrowding the residence.
Similarly, the tenants are to make sure that they follow each of the rules and covenants as set by their landlord in their rental agreement or rental contract. Keep in mind, the rental space is owned by the landlord and when the tenant rents it, he has to adhere to their rulings if they are to live peacefully in the rental unit. They should try to adhere to the rules, and if it comes to the point, where they violate the agreement, then all reasonable measures of communication must be put into effect so as to resolve the issue, before the landlord considers evicting the tenants. The tenants should keep the rental space clean and as they had found it. Any changes that the tenant may want to make must first be referred to the landlord and if he/she allows it, it can be done. In general, the tenant is not allowed to make alterations or additions to the premises without the landlord’s written consent or the tenant may be subject to eviction pursuant to California’s Eviction Laws and statutes. You must keep in mind that California Eviction Laws can be very complex and it is recommended that you hire an experienced Eviction Attorney.
Other than these rulings, the State of California is very specific with reference to some aspects. The landlord may take a security deposit which the tenant will give, and depending upon the rental space being furnished or not, the landlord can charge 2 times the monthly rent as a security deposit for an unfurnished rental unit i. In California, The tenants have the right to privacy and if the landlord or any his/her agents wish to enter the rental property, the landlord must serve a 24-hour written notice to enter dwelling pursuant to California Civil Code 1954. The 24 hour notice to enter the dwelling can be served my US Mail as long as the landlord mails it by first class mail 7 days prior to entering the rental unit.
You can download one of these proper legal California Notices at: https://www.expressevictions.com/california-eviction-forms/forms/Noticeenter.pdf?select=Noticeenter&format=.pdf&Submit=Download+Form.