California Eviction Laws
The subject of eviction is polarizing and confusing. The recently passed Tenant Protection Act of 2019 (AB 1482) provides California renters eviction protections that they didn’t always have. Get a quick overview of California eviction laws below.
Note: This content does not substitute or replace professional legal advice. It is for referential purposes only and not meant to replace the advice of your legal counsel, legal representation, and or lawyer. Additionally, please consult your professional legal representation or lawyer to be sure your lease is compliant with any state and/or federal laws.
What are the eviction laws in California?
California eviction laws mandate that landlords must have a valid reason to evict an occupant that has lived in the rental property for at least 12 months. The newly introduced rules are referred to as the “just cause” protection for eviction.
The law states that a landlord has to have an “at fault” or “no-fault” reason to evict someone.
“At fault” means a renter must do something wrong, and the reasons are specific.
- Failure to pay rent.
- Neglecting to follow a material rule in a renter’s lease or rental agreement.
- Involved in criminal activity within the rental.
- Subletting housing when a lease does not permit it.
- The refusal to sign a current lease. (only if the new lease has the same or similar terms as the previous one)
- The denial to allow a landlord entry into the property. (only if the landlord has the legal right to enter)
Evictions can happen without it being the renter’s fault. But, a landlord can still evict using one of the “at fault” reasons.
According to California eviction laws, a landlord must have a reason to evict and give the tenant back one month’s rent or waive it.
California Storage Unit Eviction Laws
However, California eviction laws for storage are a tad more complicated than housing. The California Self-Service Storage Facility Act defines a self-storage unit as real property used for renting space for storage that a renter can access. The access includes the act of storing items and the right to remove them.
The storage unit owner can deny a renter access, enter the unit, and remove items if the rent is not paid within a specific timeframe. Typically, the time period is at least 14 days after the owner has mailed the termination notice.
In California, the storage unit’s owner must receive a lien before the property can be sold to satisfy it.
What are the laws on serving a 90-day eviction notice?
In California eviction laws, the California Civil Code section 1954.535 is a clear statute that addresses 90-day eviction notices for Section 8 tenants:
Where an owner terminates or fails to renew a contract or recorded agreement with a
governmental agency that provides for rent limitations to a qualified tenant, the tenant
or tenants who were the beneficiaries of the contract or recorded agreement shall be
given at least 90 days’ written notice of the effective date of the termination and shall
not be obligated to pay more than the tenant’s portion of the rent, as calculated under
the contract or recorded agreement to be terminated, for 90 days following receipt of
the notice of termination of nonrenewal of the contract.
(CHAPTER 2.7. Residential Rent Control [1954.50 – 1954.535)
What do California eviction laws say about security deposits?
Traditionally, a security deposit is a non-rent payment made to the landlord to cover any additional costs caused by a tenant, such as damage and broken leases.
California eviction laws state that landlords have twenty-one days to return a security deposit. The time starts after the renter moves out. The process must be completed within a 21-day window.
A landlord must mail or hand-deliver a certified letter to the tenant explaining why they deny the security deposit return along with an itemized list of the deductions.
What is the maximum late fee a landlord can charge?
Sometimes renters get behind on payments for personal reasons. In California, a late rent fee must be ‘reasonable. However, it doesn’t lay out any restrictions regarding the max fees.
The state considers the word reasonable to mean 5% to 10% of the agreed-upon rent. The average that landlords in California charge are %5.
Does California have a rent grace period?
California eviction laws don’t include a grace period. But, it does state that a landlord can issue a “pay and quit” notice which forces the renter to pay rent or begin the eviction process.
Commonly, property owners will include a grace period in a lease agreement. The standard rent grace period is three to five days.
Can a tenant change the locks without the landlord’s permission in California?
Unusally, unless a lease states otherwise, tenants in California have the right to rekey a property and not share them with the landlord. It makes it one of the few states that makes that allowance for tenant privacy.
Tenant-landlord laws go both ways, and clarification is necessary. The best approach is to make everything clear in a lease or agreement and to understand your rights.
Sources
sfrb.org – Summary of AB 1482 (the California Tenant Protection Act of 2019)
jchs.harvard.edu – American Rental Housing 2020
leginfo.legislature.ca.gov – AB-1108 Self-service storage facilities.
leginfo.legislature.ca.gov – California Civil Code section 1954.535
sunshinebehavioralhealth.com – The Connection Between Grief & Addiction
courts.ca.gov/documents/California-Tenants-Guide.pdf – California Tenants A Guide to Residential tenants’ And Landlords’Rights And Responsibilities
Read more of our state landlord-tenant law guides here.
Note: This content does not substitute or replace professional legal advice. It is for referential purposes only and not meant to replace the advice of your legal counsel, legal representation, and or lawyer. Additionally, please consult your professional legal representation or lawyer to be sure your lease is compliant with any state and/or federal laws.