If you are renting your property in Sacramento, California, it is essential that you familiarize yourself with California landlord rights and tenancy laws. You need to know your rights and responsibilities as the Landlord, as well as the rights and responsibilities of your tenant. Knowing the law is the best way to protect yourself in the long run. Sacramento landlord tenant law is fairly straight forward. Below we've listed some of the most important legal considerations you should observe when renting your property. If you need further advice, don't hesitate to contact All Inclusive Realty Group's management team.
California Landlord-Tenant Law
Rent Increase - If you plan to increase the rent when you renew your tenant's lease (or on a month-to-month tenancy), you must provide ample notice to your tenants. The current California guidelines are as follows:
- 30 days notice is required when the increase is less than 10% of lowest monthly rent charge over the last 12 months. For example, if rent is $1,000 / month, then a 30-day notice is required for any increase that is less than $1,100 / month.
- 60 days notice is required when the increase is more than 10% of lowest rent charge over the last 12 months.
Security Deposit Maximum - Security deposit may be up to 2 months rent for unfurnished residences and 3 months rent for furnished. Landlord may withhold the security deposit for unpaid rent, cleaning, repair, furnishing, or keys (but only to return to the state prior to renting). A bad faith claim or retention by the landlord may be subject to damages in the amount of double the security deposit (or more).
Tenant Rights - The tenant is permitted to withhold rent for failure to provide essential services such as water and heat. They are also allowed to conduct necessary repairs (due to “implied warranty of habitability”) and deduct the cost from rent. If a tenant is withholding rent, we recommend contacting your property manager or lawyer for assistance.
Court - Small Claims Court limits claims to $10,000, however landlord may not file for over $2500 more than twice per year. Landlord is allowed to recoup court and attorney fees.
Eviction - 3 days notice must be given for non-payment violations. In the event of lease violations, 3 days must be given to remedy the violation. Landlord may terminate lease for subletting or illegal activity.
Disclosure - Landlord must provide a copy of the rental agreement or lease within 15 days and is obligated to disclose any shared utilities, known mold issues, former neighborhood ordinances, and pest control contracts including pesticides used and active ingredients. Landlord must also specify areas where smoking is prohibited.
Retaliation - Landlord must not terminate or refuse to renew lease of a tenant who has filed an official complaint to a Government Authority, been involved in a tenant's organization, or exercised a legal right. Courts will assume retaliation if negative action is taken with 180 days of the tenant's prior actions. This includes complaining about the condition of the rental unit.
Learn more about Landlord-Tenant Law on Nolo.com, or contact All Inclusive Realty Group for assistance with managing your property.
