What are some of my general rights as a renter in California?

GENERALLY, YOUR BASIC RIGHTS AS A TENANT IN CALIFORNIA (NO MATTER WHAT THE LEASE OR RENTAL AGREEMENTS SAYS) INCLUDE THE FOLLOWING:

    Limits on the amount of the security deposit that the landlord can require you to pay.
    Limits on the landlord’s right to enter the rental unit.
    The right to a refund of the security deposit, or a written accounting of how it was used, after you move.
    The right to sue the landlord for violations of the law or your rental agreement or lease.
    The right to repair serious defects in the rental unit and to deduct certain repair costs from the rent, under appropriate circumstances.
    The right to withhold rent under appropriate circumstances.
    Rights under the warranty of habitability.
    Protection against retaliatory eviction.
    These and other rights will be discussed throughout the rest of this booklet.

KEEP RECORDS OF YOUR LEASE & OTHER DOCUMENTS related to YOUR APARTMENT.

Keep a file with your signed lease or rental agreement and any other important documents. The file should include notes of any conversations you have with your landlord or apartment manager regarding repairs, disturbances, disputes, or any other event or incident that may affect your rights as a tenant. It should also include any mail, emails, repair orders, and even notes left on your door. Keep and maintain a separate file for each rental unit you live in. Note: Under California law, a tenant can ask their landlord for a copy of their lease once every calendar year. The landlord must then provide it within 15 days.[1374]

AVOID SCAMS.

Avoid rental scams by recognizing warning signs. Online resources such as Craigslist (www.craigslist.com) are a popular way to search for available rental units. However, scammers also use these sites to place phony rental listings or to hijack a valid listing to attempt to steal your money or identity. If you are asked to wire money—it’s probably a scam! If you are asked to pay a security deposit or an advance on your rent before signing a rental agreement, that is a red flag too. You should also be aware of foreclosure scams targeting unsuspecting renters and upset homeowners. To learn how to spot and avoid foreclosure scams, check out the following website: http://www.freddiemac.com/news/blog/joan_ferenczy/20121008_fraudsters_falsely_advertising_reo_as_rentals.html.

REVIEW ALL NOTICES YOU RECEIVE FROM YOUR LANDLORD OR RENTAL AGENCY. 

Small problems can become big problems if you ignore them. A landlord’s notice to evict you may give you only a certain number of days to respond. If you do not respond within the given time, the landlord may seek a court order to evict you. Notice of court actions give only a certain number of days to respond! If you have questions about what a notice means, see the list of housing legal aid providers on PG. 1127 to try and speak to a lawyer who may be able to help you.

KNOW WHERE TO COMPLAIN OR SEEK HELP IF PROBLEMS COME UP. 

Understand that no single law covers all rental situations. And no single federal, state, or local government agency has the ability or authority to investigate every type of problem you might encounter. This guide suggests ways you might make a complaint or challenge a discriminatory act based on your criminal record. But also know that sometimes, private landlords are allowed to make decisions on the basis of your criminal conviction history. Learn more on PG. 358.

PREPARE THE INFORMATION YOU WILL NEED FOR A RENTAL APPLICATION:

A rental application may require you to provide any of the following information:

    Current and past addresses of where you have lived, your employers, your personal references, and your previous/current landlords.
    Your Social Security Number (SSN) and driver license or state ID number. [Go to the BUILDING BLOCKS OF REENTRY: ID & VOTING CHAPTER for more information: getting a SSN covered on PG. 38; getting a California driver license or state ID covered beginning on PG. 43.]
    The number of people expected to live in the unit.
    Bank account and credit account numbers. Questions about how much you earn and where your income comes from will almost certainly be on the rental application. 

BE PREPARED TO PAY MOVE-IN COSTS.

You will likely have to pay for a screening fee when you apply for a place to live from a private landlord. California law allows a landlord to charge you out-of-pocket expenses, and the cost changes yearly.[1375] It costs approximately $50 for a landlord’s screening of you. You will also likely have to pay a security deposit and 1-2 months’ worth of rent after you sign the lease agreement. This can be expensive—be prepared!!

PROTECTIONS FOR ACTIVE MILITARY MEMBERS:

If you are in the military, the Service Members Civil Relief Act gives active duty members the right to terminate a lease when they are ordered to a new permanent location or any change of location that amounts to more than 90 days.[1376]

  1. 1374

    Civil Code Section 1962(a)(4).

  2. 1375

    Cal. Civ. Code § 1950.6

  3. 1376

    Servicemembers Civil Relief Act, 50 U.S.C. App. § 517.