Know Your rights

Landlords in California must provide written notice to tenants before increasing rent. If the increase is more than 10%, a 90-day written notice is required. For increases of 10% or less, a 30-day written notice is sufficient.

However, the Tenant Protection Act of 2019 caps annual rent increases at 5% plus the regional Consumer Price Index or 10%, whichever is lower. Certain properties are exempt from this law, such as buildings less than 15 years old, single-family homes not owned by corporations if the tenant is notified, and duplexes where the landlord lives in one unit.

Landlords who want to increase rent must provide written notice to tenants. If the rent increase will be more than 10%, they should provide a 90 day written notice. (Civ. Code § 827(b)(3)). If the rent increase will be less than 10%, then they may use a 30 day written notice. (Civ. Code § 827(b)(2)). Under California law, landlords cannot increase a tenant’s rent more than 5% plus the CPI for the specific residential area if the property is protected by the Tenant Protection Act of 2019. Please note that not all types of homes in San Diego are protected by the law. Here are some of the main property exclusions:

• Buildings less than 15 years old are not covered. As buildings age, and cross the 15-year threshold, they will likely be covered.
• Single-family homes that ARE NOT owned by a corporation are not likely covered IF the landlord has given the tenant notice that the home is not covered.
• A home where the tenant shares a bathroom or kitchen with the landlord is not likely covered.
• A duplex or similar type structure where the landlord lives in one of the two units is not likely covered.

(Civ. Code § 1947.12).

For more information, please consult a housing expert or attorney.

Reasons a Landlord Can Evict a Tenant

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California law allows the landlord to use a tenant’s security deposit for four specific purposes:

1. For unpaid rent;
2. For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
3. For repair of damages, other than normal wear and tear, caused by the tenant or the tenant’s guests; and
4. If the rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.

(Civ. Code § 1950.5).

There are additional rules that apply to the return of a tenant’s security deposit. If a tenant believes that their security deposit has been wrongfully withheld, there are several resources available to guide the tenant in seeking a return of their security deposit.

To read more, see A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities.
Also, see the court’s website for additional information.

Guide to security deposits in California | California Courts | Self Help Guide

Resources – Tenant (ca.gov)

The California Court’s website has a tool that writes a demand letter for a tenant by asking the tenant a series of questions. Please note that HJC did not create this website and does not verify its accuracy nor endorse it. Write a demand letter asking your landlord to return a security deposit

For legal resources that may assist with security deposits, see HJC Resources

Generally, to terminate a tenancy in California, a landlord must first give the tenant written notice of the termination.  According to California law, notices to terminate a tenancy must be delivered to the tenant in a specific way and must contain specific statements. In some instances, a landlord may also be required to assert a “just cause” reason for the termination. If the landlord has properly delivered a valid notice to a tenant and the tenant does not vacate by the expiration of the notice, the landlord then may use the notice as a basis to file an unlawful detainer action (also known as an eviction lawsuit) to legally evict the tenant. Because notices to terminate a tenancy are complex and have legal implications if they are not adhered to, a tenant should have a notice reviewed by an attorney.

It’s important to note that landlords are prohibited from using self-help methods to evict a tenant. For example, a landlord may not remove a tenant’s belongings, nor change the locks, nor cut off access to utilities or services prior to receiving a court order. Once the court order is granted to the landlord, the landlord must then ask the sheriff to remove the tenant.

It is also important to know that if a tenant refuses to leave after receiving a notice and the landlord starts an eviction lawsuit by filing court paperwork, the tenant must respond by filing their response (known as an “Answer”) with the court within 5 court business days and by appearing at trial to avoid a court record of an eviction that may be used by future landlords to deny the tenant tenancy. To get help responding to an eviction lawsuit, please visit one of the Unlawful Detainer Clinics at the courthouses.

If you have received a notice, please see Get Legal Help to find legal resources that may be able to review your notice.

Reasons a Landlord Can Evict a Tenant

Landlords have the right to access the property during normal business hours for purposes of inspections, maintenance, showings, and necessary or agreed repairs or improvements. (Civ. Code § 1954(a)). Generally, landlords must give written notice to the tenants that they intend to enter. (Civ. Code § 1954(d)).
The landlord’s notice must state the date, approximate time, and purpose of the entry. (Civ. Code § 1954(d)). Twenty-four (24) hours is generally considered reasonable notice. (Civ. Code § 1954(d)).

Additional rules apply to giving notice if the entry is for the purpose of showing the property related to the sale of the property or if the tenant and landlord have a written agreement related to repairs or services. (Civ. Code § 1954(d)(2) and (3)).  An exception to the notice rule and the normal business hour rule exists for emergency situations. The tenant can also consent to entry during hours that are not normal business hours. (Civ. Code § 1954(b)).

Please note that refusing to allow the landlord lawful access or entry may be considered a violation of the lease and grounds for an eviction notice. In addition, refusing the landlord entry to make necessary repairs may remove the landlord’s responsibility to make those repairs. (Civ. Code § 1941.2(a)).

Unlawful entry by a landlord may be considered harassment. (Civ. Code § 1940.2(a)(4)). A tenant may sue a landlord for unlawful entry that rises to the level of harassment in small claims court. (Civ. Code § 1940.2(b)).

To read more about lawful entry by a landlord, see the California Guide for Landlords and Tenants.

To learn more about small claims court, see Get Legal Help.

A landlord is required to maintain safe living conditions in units that they rent unless the tenant caused the problems or restricted the landlord’s ability to make repairs. Safe living conditions include ensuring properly working gas, electric, and plumbing utilities, working security locks, and other conditions considered health and safety issues under California law. (Civ. Code §§ 1941 – 1941.7).

When a tenant begins renting a home from a landlord, the tenant may inspect the property and take pictures or all health and/or safety issues and report them in writing to the landlord. If a health or safety problem develops after the tenant moves in, the tenant may follow the steps below to ensure the landlord knows about the problem and makes necessary repairs.

1. Take pictures of the problems if possible.
2. Notify the landlord in writing of the problems and keep a copy or record of the notice.
3. Allow the landlord a reasonable time to fix the problems (can be up to 30 days).
4. If the landlord does not fix the problem after the first notice, send a second notice in writing and keep a copy or record of the notice.
5. If the landlord does not fix the problems after the second notice, contact local Code Enforcement and request an inspection.
6. If Code Enforcement requires the repairs and the landlord still refuses to make the repairs, file a lawsuit in Small Claims Court for the repairs and any related costs.

A tenant has a contractual obligation to pay their rent that is generally not excusable. Although California law permits tenants to withhold rent or deduct the cost of repairs from their rent for the purpose of making the repairs, there are very specific rules that must be followed before a tenant can exercise these rights. Failure to follow these rules places a tenant at risk of receiving a 3 Day Notice to Pay or Quit and an eviction.

To read more about the rules allowing these options, see the California Guide for Landlords and Tenants.

For legal resources related to habitability concerns, see Get Legal Help.

Housing laws in California are designed to protect tenants from unlawful discrimination and harassment. Specifically, section 1940.2 of the California Civil Code lists several categories of landlord behavior that are considered unlawful if done “for the purpose of influencing a tenant to vacate….”

A tenant may sue a landlord for harassment in small claims court. In a harassment lawsuit, a landlord is allowed to tell the court about their claims against the tenant. For example, if the tenant has not been paying rent or breaking a rule of the rental agreement, the landlord may use that information to defend against a harassment lawsuit. For this reason, a tenant should consult an attorney or housing expert before filing a lawsuit.

For more information, please see the California Guide for Landlords and Tenants.

For more information about small claims court, see here.

To find legal resources to assist with harassment by a landlord, see Get Legal Help.

After a tenant receives a notice to terminate tenancy (for example, a 3 Day Pay or Quit, a 3 Day Perform or Quit, a 3 Day Quit, or a 30/60/90 Day Termination) and the tenant has not resolved the problem (for example, paid the rent or corrected the lease violation) nor vacated in the time given by the notice (for example, if the notice is a 3 Day Quit or a 30/60/90 Day termination notice), then the landlord may begin a lawsuit to reacquire possession of the unit.

A court order in favor of the landlord is necessary to legally remove a tenant. A tenant must file an “Answer” (which is a specific court form) with the court to preserve their opportunity to defend against the lawsuit. This “Answer” must be filed within 5 court business days of receiving the court paperwork (also known as the “Summons and Complaint”).
After the tenant files their “Answer”, the landlord may request a trial. The tenant must appear at that trial to have their opportunity to defend against the lawsuit for possession of the property. Failure to file an “Answer” AND appear at trial can result in the tenant having an eviction and a money judgment on their credit report.

To learn more about the eviction process, please see more information regarding the Eviction Process.

To get help responding to an eviction lawsuit, please visit one of the Unlawful Detainer Clinics at the courthouses. Find out more here.

Just cause is a tenant protection that requires a landlord to give a reason for evicting a tenant. Just cause may be either an “At Fault” reason or a “No Fault” reason. An “At Fault reason applies when the tenant has violated a term of the lease. For example, the tenant has failed to pay rent or is engaging in unlawful behavior in the home. A “No Fault” reason applies when the tenant has not broken any lease terms, but rather the landlord would like to use their property for some other use, such as moving in themselves or a family member or removing the property from the rental market, or the landlord wants the tenant to move out so that the home can be substantially remodeled.

San Diego County has 3 different just cause laws that may apply depending on where a tenant lives and the type of property that a tenant lives in. The city of Chula Vista enacted its own Tenant Protection Ordinance which became effective for residents of Chula Vista in March 2023. The city of San Diego enacted its Tenant Protection Ordinance which became effective for residents of the city of San Diego in June 2023. For residents of San Diego County that do not reside in the cities of San Diego or Chula Vista, the California Tenant Protection Act of 2019, also known as AB1482, may apply. All these laws have specific properties that are exempt from protection. In addition, the state law, AB 1482, requires a tenant to have occupied the home for at least 1 year before protections exist for that tenant.

Because these laws are specific to where a tenant lives and what type of property they live in, a tenant should consult the individual law to determine whether they are protected by a just cause law.

For a summary of the state law, see the Tenant Protection Act of 2019.

For a summary of the City of San Diego law, see San Diego Tenant Protection Ordinance.

For a summary of the City of Chula Vista law, see Chula Vista Protection Ordinance.

For legal assistance with an eviction notice, see Get Legal Help.

Under California law, tenants have many responsibilities connected with their rental property. Tenants need to follow the rules outlined in any rental agreement reached between the tenant and landlord. This includes timely payment of rent which is a term of the rental agreement.

Failure to follow the terms of the rental agreement can result in an eviction. Although the tenant must follow the rental agreement rules, any rules that are directly contrary to a right granted under California law are void. In addition, certain laws may apply that modify terms of rental agreements. For example, a tenant may not have to pay rent if the landlord failed to make necessary repairs and the tenant used one month’s rent to make those repairs. However, to use this exception, tenants must follow very specific steps outlined in the law, and failure to follow those laws exactly can result in an eviction. (Civ. Code § 1942)

California law also lists specific responsibilities of all tenants that must be fulfilled to ensure the landlord’s duty to maintain the property and make necessary repairs:

1. To keep that part of the premises which he occupies and uses clean and sanitary as the condition of the premises permits.
2. To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner.
3. To properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits.
4. Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing.
5. To occupy the premises as his abode, utilizing portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be used for such occupancies.

(Civ. Code § 1941.2).

To read more about tenant responsibilities, see the California Guide for Landlords and Tenants.

A reasonable accommodation is a change made by a landlord in their policies or practices to accommodate a tenant’s disability so that the tenant has an equal opportunity to enjoy and use the home. Reasonable accommodations are required under federal and state law. If the accommodations require physical modifications to a property, the tenant may be responsible for paying for the modifications. Examples of reasonable accommodations that a tenant might request include changing the rent payment due date or allowing a service animal in the home.

To read more about how to make a reasonable accommodation request, see Housing Discrimination Based on Disability – Your Rights and Options.

For legal assistance relating to a reasonable accommodation request, see Disability Rights California.

Under California law, all tenants have the same rights regardless of their immigration or citizenship status. Landlords are not permitted to ask tenants or prospective tenants about their immigration/citizenship status unless the tenant is seeking participation in a federal housing program that requires this information. (Civ. Code § 1940.3).

It is also illegal for a landlord to threaten to disclose a tenant’s immigration/citizenship status in an attempt to influence the tenant to leave or otherwise harass or retaliate against a tenant. (Civ. Code §§ 1940.2; 1940.35).

For legal assistance for undocumented tenants with housing issues contact https://www.sandiego.edu/law/clinics/free-legal-assistance.php

For legal assistance related to discrimination based on immigration/citizenship status, see Legal Resources.

While the Housing Justice Collaborative does not provide services related to finding or providing housing, please see here and here for some housing resources.

Beginning January 2024, for housing subsidies, it’s illegal for landlords to:

• Use credit history without offering the applicant the option of providing alternative evidence of ability to pay the portion of the rent to be paid by the tenant.
  • Alternative evidence may include for example: government benefit payments, pay records, and bank statements.
• If the applicant chooses to offer alternative evidence, the housing provider must:
  • Provide the applicant reasonable time to respond, and
  • Reasonably consider that alternative evidence instead of credit.
• Landlords may still request information or documentation needed to verify employment, to request landlord references, or to verify the identity of a person.

To read more, see https://www.lassd.org/housing-discrimination/.

While the Housing Justice Collaborative does not provide services related to finding or providing rental assistance, please see here for some financial resources.