What information can be asked on a rental application?

A rental application is used to check your credit history and past landlord-tenant relations.  The application will likely also contain an authorization for the landlord to obtain a copy of your credit report, which will show the landlord how you have handled your financial obligations.

A rental application usually asks for the following information:

• Names, addresses and telephone numbers of your current and past employers.
• Names, addresses and telephone numbers of your current and past landlords.
• Names, addresses and telephone numbers of people you want to use as references.
• Social Security number.
• Drivers License number.
• Bank account numbers.
• Credit account numbers for credit reference(s).

The application will likely also contain an authorization for the landlord to obtain a copy of your credit report, which will show the landlord how you have handled your financial obligations.

Talk to your prospective landlord about the safe retention of your secure information, the FACT Act, and Disposal Rule to ensure the security of your private application information as listed above. If you have concerns about the safety of your credit information, you should first determine the landlord’s procedures on managing this information before submitting your application.

Can a prospective landlord charge an application screening fee?

Yes, California Civil Code section 1950.6 limits the fee owners may charge a prospective tenant to cover the costs of screenings. The fee cannot be more than the actual out-of-pocket costs of gathering information on the applicant. For 2024, landlords may charge a maximum screening fee of $62.02 per applicant. However, according to the Apartment Owners Association of California, it is suggested that you charge your actual out-of-pocket costs should they be lower. This figure may be updated annually by changes in the Consumer Price Index for the nearest metropolitan area.

While oral agreements are easy and less formal, they are not recommended. Turn-over of apartment management and roommate changes make oral agreements hard to prove in the event you end up in court. Refer to the California Tenants' Handbook for more information about oral agreements.

• Fees for credit-checks: See California Tenants' Handbook for fee guidelines.
• Other administrative costs associated with tenant selection and application processing.

What types of questions can a landlord ask?

A landlord can legally ask you questions regarding:  

• Employment and how long you have worked there
• How much money you earn and how often are you paid
• The number of people who will be living in the rental unit

A landlord cannot legally ask you about:

• Race, ethnicity or national origin
• Religion or religious beliefs
• Gender, sexual orientation, or marital status
• Age or whether you have children under age 18 living with you 
• Whether you have mental or physical disabilities.

Can I deny a prospective tenant with a criminal history?

Landlords are prohibited from considering certain types of criminal history including:

1. arrests that did not lead to a conviction;
2. participation in a pretrial or post-trial diversion program;
3. any record of a conviction that has been sealed by the court, or
4. any conviction that came from the juvenile justice system.

Landlords are also prohibited from having “blanket bans” on all applicants with criminal histories. Instead, landlords must look at the individual circumstances involving a conviction to decide whether it is directly related to an applicant’s ability to be a good tenant. For more information, please see: "Prohibited Uses of Criminal History Information in Housing".

The Fair Housing Act provides you protection against the following discriminatory housing practices if they are based on:

• Race
• Sex (including pregnancy, childbirth, or medical conditions related to them, as well as gender and perception of gender)
• Age
• Marital Status
• Religion
• Color
• Source of income
• Disability
• Medical conditions
• Familial status
• National Origin

 Unlawful discrimination can take many forms:

• Providing false information about the availability of the housing.
• Treating residents differently in connection with terms or conditions.
• Advertising – discriminatory housing preference or limitation.
• Denying or refusing to rent to individuals based the characteristics listed above.

Although students are not specifically listed as a protected class, a landlord cannot discriminate based on age or familial status. If you suspect that a landlord has chosen not to rent to you based on your status as a student, based on your age as a student, or based on your desire to have roommates within the legal occupancy limits, and you are otherwise qualified under the application requirements, contact the landlord in writing about your concerns, and ask for a response in writing. 

Access more information about discrimination in the California Tenants' Handbook, contact Fair Housing at (530) 757-5623, or go to the California Department of Fair Employment and Housing to file a complaint.

Can a landlord refuse to rent to a tenant with a housing voucher?

California has a law called the Fair Employment and Housing Act (FEHA) that protects people from housing discrimination based on categories including race, color, national origin, religion, disability, gender, gender identity, familial status, and sexual orientation and some sources of income. The latest amendment to the law regarding source of income protections adds people using a federal, state, or local housing subsidy to this list of protected groups. This means, beginning on January 1, 2020, housing providers, such as landlords, cannot refuse to rent to someone, or otherwise discriminate against them, because they have a housing subsidy, such as a Section 8 Housing Choice Voucher, that helps them to afford their rent.

What is a reasonable accommodation?

Under fair housing laws, housing providers must make reasonable exceptions to neutral policies, practices or services, or to make certain reasonable physical modifications when necessary to provide persons with disabilities an equal opportunity to use and enjoy a dwelling.

A reasonable accommodation could include changing the rental due date or waiving a no animals policy in order to allow a service or emotional support animal to reside in the unit. A landlord must also allow a tenant with a disability to make reasonable modifications - physical changes - to the premises to the extent necessary to allow the tenant “full enjoyment of the premises.”

Who pays for a modification accommodation?

The tenant must pay for the modifications, except at properties that receive ‘federal financial assistance’, as that term is defined by law. However, the landlord is required to make structural modifications if required by a separate provision of the law related to structural access standards. It is important to recognize that a modification is distinct from a reasonable accommodation - a change to a policy or practice - which the property owner cannot charge for, even if they involve some costs.

 As a condition of making certain modifications, the landlord may require the tenant to enter into an agreement to restore the interior of the rental unit to its previous condition at the end of the tenancy. Yet, most modifications will not require restoration. The landlord cannot require an additional security deposit in this situation. However, the landlord can require that some form of financial guarantee be put in place that is sufficient to pay for the properly required restoration. This can take the form of requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations, where the interest in any such account shall accrue to the benefit of the tenant.

Do I have to allow assistant animals and service animals?

Assistance animals and service animals, used by persons with disabilities as a reasonable accommodation for a disability, are not pets and are not subject to a no pet's policy. A refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a person with disabilities equal opportunity to use and enjoy a dwelling violates fair housing laws.

ESA Law Change 2022 

Can I charge a pet deposit for an Emotional Support Animal (ESA)?

No, but the landlord can deduct from the security deposit for pet damages.   In addition, it is fine to have a no pet clause in lease, but the landlord must allow a service animal and an emotional support animal regardless.

When is the landlord or property manager allowed to enter the property?

A landlord may only enter a tenant’s unit WITHOUT prior notice under the following circumstances pursuant to Cal. Civ. Code § 1954:

1. there is an emergency that requires the landlord to enter (i.e. fire or flood);
2. the landlord obtains a court order;
3. the tenant has abandoned or surrendered the unit; or
4. the tenant consents. 

A landlord may enter a tenant’s unit WITH prior written notice under the following circumstances pursuant to Cal. Civ. Code § 1954:

1. to conduct necessary or agreed upon repairs;
2. to show the unit to lenders;
3. to show the unit to workers or contractors;
4. to show the unit to prospective tenants or purchasers; 
5. for a pre-move out walk-through to evaluate damage at the tenant’s request;
6. to install, repair, replace, maintain, or read the sub-metering of water service;
7. to inspect elevated balconies or decks;
8. to inspect an area where the resident is engaging in personal agriculture;
9. to repair, test and/or maintain smoke detectors or carbon monoxide detectors;
10. if the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically. 

The landlord shall give the tenant reasonable notice in writing of intent to enter and enter only during normal business hours.

• The notice shall include the date, approximate time, and purpose of the entry.
• The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice.
• Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
• The tenant can consent to shorter notice and to entry at times other than during normal business hours.

• If you let them in, you have given your permission.
• If you don’t want to allow them in ask them to put the notice in writing providing 24 hours’ notice stating why they must enter the property and when they will enter the property. Remember they can only enter the property during business hours.

If you have requested that repairs be made, try to be accommodating as it can be difficult to work around contractors schedules.

According to CA Civil Code 1954, the landlord or the property manager is entitled to show the rental to prospective buyers as long as s/he has given reasonable notice in person or by telephone to the tenant that they would like to show the property. Absence evidence to the contrary, the law considers 24 hours' notice to be reasonable in most situations. However, before oral notice can be given, the landlord or property manager must notify the tenant in writing that the rental is for sale and that the landlord or property manager may contact the tenant in-person or by phone to arrange to show the rental. This written notice must be given to the tenant within 120 days of the oral. notice.  The oral notice must state the date, approximate time and purpose of entry. When the landlord or agents enter they must leave written evidence of entry, such as a business card.

The landlord cannot abuse the right of access allowed by these rules, or use this right of access to harass (repeatedly disturb) the tenant. Also, the law prohibits a landlord from significantly and intentionally violating these access rules in an attempt to influence the tenant to move out.

If your landlord violates these access rules, talk to the landlord about your concerns. If that is not successful in stopping the landlord’s misconduct, send the landlord a formal letter asking the landlord to strictly observe the access rules stated above, and retain a copy of the letter for your records. If the landlord continues to violate these rules, you can talk to an attorney or a legal aid organization, or file suit in small claims court to recover the damages that you suffered due to the landlord’s misconduct. If the landlord’s violation of these rules was significant and intentional, and the landlord’s purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation

• Failed to pay rent.
• Violated any provision of the lease or/or rental agreement. 
• Damaged the rental property. 
• Committed a nuisance for other tenants. 
• Used the rental property for unlawful use, such as selling of illegal drugs.

For three day notices based on failure to pay rent, you must pay the rent before the expiration of three days in order to preserve your tenancy. The landlord does not need to accept rent after the notice expires. The landlord does not need to accept anything but the full amount of rent, but it can be helpful to enter into a conversation regarding a payment plan if you cannot pay the full amount. Landlords are not obligated to negotiate a payment plan but some may chose too. For more information, consult the California Tenants' Handbook. 

How do I figure out the deadline?

Day 1 is the first day after you got the Notice. Then you count every day.

How much notice does a landlord need to provide for an eviction or termination notice?

The answer depends on whether the tenancy is month to month, a fixed term, if the property falls under the Tenant Protection Act, and how long the tenant has lived in the unit. 

For the most up to date information please go to the California Self-Help Center.

Does the notice need to be in writing?

If you get a 30 or 60-day Notice to Quit, it must be in writing and include: 

• The tenant(s) full name(s) 
• The rental home’s address 
• That the month-to-month tenancy will end in 30 days if they're giving a 30-day Notice or in 60 days if they're giving a 60-day Notice. 
• A statement on how to pick up any property left behind (reclaim abandoned personal property

If required by the Tenant Protection Act the Notice must also include 

• The just cause (legal reason) 
• That if the tenant has lived in the home for more than 1 year they have (1) a right to money to help them move (relocation assistance) or (2) they don't have to pay their last month's rent (rent waiver). If you decide to waive last month's rent (choice 2) you'll include what the last month's rent amount is and that your tenant doesn't owe you rent for their last month.

What is a holding fee or reservation deposits?

Some landlords require a deposit to hold or “reserve” a rental unit for the tenant and may want to keep part or all of the deposit if the tenant changes his/her mind about renting the unit.

Ask for in writing prior to paying a holding deposit:

• The terms of the holding deposit explaining whether the deposit will be applied to first month rent or the security deposit.

• The amount of the holding deposit that will be refundable in the event you withdraw your application to rent.

If you give the landlord a holding deposit when you submit your rental application, but the landlord does not accept you as a tenant, the landlord must return the entire holding deposit.

What is a pet deposit/security deposit?

A one-time fee, that is refundable at the end of the lease. Non-refundable pet/security deposits are illegal in California. If a pet does not cause any damage at the time the tenant is moving out, you must refund the deposit back to the tenant

How much can I charge for a pet deposit/security deposit?

In California, a pet deposit is subject to the same overall limit for security deposits. Therefore, the maximum you can charge is one months' rent. Small-scale landlords who own no more than two residential properties and a total of four units can request up to two months’ pet deposit/security deposit. And, if the prospective tenant is a service member, then the landlord can also charge up to two months’ rent as a pet deposit/security deposit.

No, but the landlord can deduct from the security deposit for pet damages. The landlord also cannot charge a one-off pet fee, or monthly pet rent for an ESA. In addition, it is fine to have a no pet clause in lease, but the landlord must allow a service animal and an emotional support animal regardless.

What is a pet fee? 

A pet fee is a sum of money that landlords require new tenants to pay before moving in. Unlike some other states, pet fees are legal in California. The fee is one-time and non-refundable. The amount charged is often based on the breed, size and number of pets. In California, typical pet fees range from $100 - $400.

What is pet rent? 

Unlike the pet fee and pet deposit, pet rent is not a one-off charge. Pet rent recurs each month. Moreover, just like the other two, the purpose of pet rent is to cover a landlord against any additional wear and tear that can occur in the unit. When it comes to the pet rent, the standard protocol involves both parties agreeing upon the total rent price. Generally, pet rent is about $35 a month. Of course, this can vary depending on a multitude of factors. 

Leases that are compliant with California rental laws are available online through reputable organizations, including the California Association of Realtors, NOLO Press and many others. The Davis Model Lease, once widely used by landlords in Davis, is owned by the Associated Students, University of California, Davis (ASUCD) and was revised in 2022. The Davis Model Lease is available free of charge and can be printed from the UC Davis website.  

What do I need to know about leases and roommates? 

See the Renting a Place with Roommates Handout

When roommates sign a lease together, you are all responsible for covering the rent for one another.  It is called jointly and severally liable.  Each tenant is jointly and severally liable for all obligations under a Lease. The language “joint and several” means if more than one person has signed the lease as a tenant, then any and all other tenants collectively are fully responsible for fulfilling (including full payment of rent) all the conditions of this lease, except where expressly otherwise agreed, and regardless of whether the particular signatory has vacated the premises. Each Tenant remains bound to all the terms and conditions of the Lease until this Lease is terminated, or unless a tenant is released by Landlord in writing.

Can a landlord change the terms of a lease?

Generally, not during the term of a lease. All leases should have a clause explaining what may constitute a legal amendment to the current lease including the adoption of additional rules and regulations as limited by the language of the lease. Always request a written explanation from your landlord and/or seek legal advice if you believe a lease has been altered during the term of the lease.

As a landlord, what if I need to change the terms of a lease and the lease does not specifically authorize a change?

You can make a change only with tenant consent. If the tenant and landlord both agree to the change, the parties can either (1) execute a new lease or rental agreement that includes the new clause, or (2) amend the existing lease or rental agreement.

If the tenant will not agree to the change, the landlord cannot change the lease during a fixed term. However, when the fixed term lease ends, the landlord can make the change, either through a new/renewal lease, or if the tenant is to continue on a month-to-month basis, with a 30 day notice of change of terms of tenancy. If the change is a rent increase of more than 10% (when combined with all other rent increases in the last year), a 90 day notice of change of terms of tenancy is required.

The rules above apply to residential tenancies generally. Different rules apply to mobile home tenancies and floating home marina tenancies.

Yes, it is legal to ASK a tenant if they want to renew their lease early. This is a common practice in Davis because most leases start and end at the same time (September 1 – August 31). It is not uncommon for landlords to ask for an early lease renewal between January and March or 7 to 9 months before your lease expires. Therefore, even if you are not a student you may experience this practice.  Tenants do not have to sign the early lease renewal and the owner cannot require tenants to do so. 

In California, landlords have the right not to renew a lease and to terminate the tenancy at the end of the lease if the tenant is not covered under the Tenant Protection Act. However, they must provide proper written notice as required by state law and cannot refuse to renew as a form of retaliation or discrimination against the tenant.

If the rental unit is not protected by just cause eviction protections, a landlord can terminate a periodic tenancy by giving the tenant advance written notice of 30 days, 60 days, or, in some instances, 90 days. For an explanation of periodic tenancies, see the California Tenants’ Handbook.

The landlord is under no obligation to renew the lease, even if you are a find tenant. Also, the landlord is under no obligated to provide a reason for not renewing the lease.

A lease renewal creates a new and distinct tenancy. Accordingly, the parties should execute an entirely new instrument. A lease extension is a continuation in possession under the original lease. A lease extension may also occur if the tenant holds over with permission from the landlord. Indeed, if a tenant remains in possession of the premises after expiration of the lease term and the landlord accepts rental payments, the parties are presumed to have renewed the lease on the same terms and conditions on a month-to-month basis if rent is payable monthly, and in no event longer than one year.

What should I do if a tenant fails to comply with a notice of change of terms of tenancy after they have received the proper notification?

If the landlord serves a notice of change of terms of tenancy and the tenant fails to comply after expiration of the notice period, a landlord may serve an appropriate notice (either a notice to pay rent or quit or a notice to perform covenant or quit). If the tenant fails to comply with the notice, the next step is eviction.

I am a tenant and I want to break my lease; what should I do?

A signed lease is a legally binding contract. Read the terms of the lease and the California Tenants’ Handbook to understand your obligations and how to proceed. Some guidelines are:

• If you have not yet taken possession of the rental unit: Advise the landlord in writing of your request. The landlord may have a wait list or a prospective tenant with whom you may arrange a lease assignment with the landlord’s permission.
• Want to move out early: You can be held liable for the remainder of the lease or rental term. Consult with the landlord about your options for subletting or assigning the lease to another qualified tenant.
• Other leases or circumstances are subject to the language of the lease. Always put your request in writing to the landlord, and request a response from them in writing.

In California, there are only a few scenarios where renters are allowed to break their lease early without a landlord’s agreement. According to state and federal law, you can definitely terminate your lease if:

• You are entering active military duty
• Your landlord has refused to make a major repair and your rental has become uninhabitable
• You're the victim of domestic violence, stalking, or sexual assault
• Your landlord has violated your privacy or harassed you

My landlord has agreed to let me break the lease but wants to charge me an early termination fee. Is this allowed?

Yes but California landlords can only demand an amount equal to their actual costs related to you moving out early. This is limited to:

• The rent remaining on the lease (until the landlord is able to re-rent the property, since they are required to mitigate damages)
• The costs associated with re-renting the property (typically advertising)
• Any difference in the monthly rent between the original tenant and the new tenant for the rest of the lease term (if the landlord had to lower the price to re-rent)

If the tenants and the landlord agree to add a co-tenant to the lease, should a new lease be signed or can we add an addendum?

Both a new lease and a lease addendum provide the same legal formality. The important thing is if you do an addendum it must clarify that the terms of the lease apply to all tenants living at the property.  From your landlord's point of view, this is far more than a formality, as it makes the new arrival a cotenant who is 100% responsible for rent and any property damage (this is known in legalese as "joint and several liability").  A new lease also provides this protection. It's also desirable from the tenant's perspective, because it makes it completely clear that your new roommate shares the same legal rights and responsibilities.

What are the steps to add co-tenant to a current lease?

1. Ask the tenant(s) who is requesting to add another roommate to submit the request in writing. This provides you an opportunity to think about what you want to do.
2. Consider the property’s occupancy limit – in California this is two people per bedroom plus one additional person in the living space. If the co-tenant would put you over this limit, send a written notification to the tenant explaining why adding a co-tenant is not possible.
3. Ask the potential new tenant to submit a rental application so you can run a background and reference check.
4. Make a decision. If you deny the new tenant, send a letter to the current tenant(s) stating that the decision has been denied and why. Be careful not to violate any privacy information. If you accept the new tenant, invite the tenant(s) and the prospective tenant to sign a new lease agreement or a legal amendment to the current lease.
5. Review the lease with all the tenants. Make sure they know they are all responsible for the whole rent amount, even if one person does not pay. Explain details of the security deposit to the new tenant. Go over all the rules and policies of the rental agreement. Sign and date the new lease or the lease amendment and make everyone copies.

As a landlord, can I restrict the use of pot in my rental property?

The short answer is yes as long as you state this in your lease.  Please see the following article "Can I Say No Pot In My Apartments When It's Legal in My State?" for more information.

Requirements for Storage of E-Bikes & Scooters in Rental Housing

Civil Code 1940.41 takes effect January 1, 2024, the new law affects storage of e-bikes, e-scooter, and other personal micro-mobility devices stored in a rental housing unit. Please see the handout from the State Fire Marshal on Lithium-Ion Battery Safety.

No, California's Department of Fair Employment and Housing (DFEH) uses a formula-based occupancy restriction, known as the "two plus one" formula, which permits two people to occupy each bedroom, with one additional person in the living space. Under this formula, the maximum occupancy for a one-bedroom apartment would be three.

Federal occupancy standards require landlords to allow two persons per bedroom unless you can point to legitimate business reasons that justify a lower number and that you are not free to set unreasonably low figures such as two people for a two bedroom flat in order to maintain a quiet atmosphere or to reduce wear and tear.

Yes, according to University officials, the rate of increase is generally between 3 to 5 percent which is lower than the 8% average for rent increase nationwide since 1980.

• It depends upon whether you are protected under the California Tenant’s Protection Act.  Eligible renters are protected against rent increases that exceed 10% in a one year period or the cost of living + 5%, whichever is lower. This is often referred to as a “rent-cap” because it caps the amount your landlord can legally increase your rent year after year.

• There are a number of factors that impact eligibility.  Check your eligibility here!

• If you’re unsure if your rent increase exceeds the limit set by the law, use this rent calculator to help you do the math.

As a landlord, how much can I increase rent?

Please see the Summary of the Tenant Protection Act first to determine if your tenant's are protected from rent increases and if so, what are the limitations.

In Yolo County, there is no limit to the amount a landlord may charge for rent or the amount of rent increase UNLESS:

• it is specified in the lease
• the tenant is protected by the Tenant Protection Act
• the property is exempt from the Tenant Protection Act, but you have failed to include this notification in the lease, or
• you rent a mobile home in Woodland 

Outside of those circumstances, it's whatever the market can bear.

What is required of a landlord before raising my rent?

Generally, the landlord must provide a 30 day written notice of the change in rent if the rent increase is 10% or less or a 90 day written notice if the rent increase is greater than 10% of the rent charged. Refer to the California Tenants' Handbook for more information.

California law makes landlords and tenants each responsible for certain kinds of repairs, although landlords ultimately are legally responsible for ensuring that their rental units are habitable. The landlord and the tenant may agree in the rental agreement that the tenant will perform some of the repairs and maintenance in exchange for lower rent. Regardless of any such agreement, the landlord is responsible for maintaining the property as required by state and local housing codes.

How long does a landlord or property manager have to make repairs?

Current law indicates that 30 days is a reasonable period of time to address a repair, but it also depends on the nature of the repair.

What is the landlord or property manager responsible for fixing or maintaining?

A rental unit must be fit to live in; that is, it must be habitable. In legal terms, “habitable” means that the rental unit is fit for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants’ health and safety. 

Tenants are required by law to take reasonable care of their rental units, as well as common areas such as hallways and outside areas. Tenants must act to keep those areas clean and undamaged. Tenants also are responsible to repair all damage that results from their neglect or abuse, and to repair damage caused by anyone for whom they are responsible, such as family, guests, or pets. For more on tenant responsibilities please refer to the Renters' Rights and Responsibilities handout and the California Tenants' Handbook.

What should I do if there are pests in my rental?

If you have a problem with pests, contact the property owner or property manager immediately in person or over the phone, but also in writing.  In your email, provide pictures of the pests, their feces, and pictures of areas that you know or suspect the pests are entering.  Also include the dates you asked for repairs, what the response has been to your request(s), what action has been taken to resolve the issue and the dates attempts were made to resolve the problem. Keep copies of all correspondence. 

Current law indicates that 30 days is a reasonable period-of-time to address a repair, but it also depends on the nature of the repair. There is no specific time-period stated in law for infestation problems to be resolved. A bad infestation problem may take a few months before the pests are gone. Ask your landlord for a monthly treatment until it is resolved. Tenants are also responsible for keeping the rental clean.  Some suggestions are to take out the trash regularly, do not leave pet or human food out, and wash your dishes in a timely manner.

If you have a landlord or property manager that refuses to address the issue, you may need to hire your own pest service.  Keep a copy of all invoices that include the dates the services are provided and the costs. To recover your costs, you may need to take the owner to Small Claims Court.  Before doing so, it is always good to communicate to the landlord that you would like to be reimbursed.  Also, make sure you have done your part to keep the apartment clean and that you have provided the landlord time to respond and time for the issue to be resolved.

In California, landlords are not required to provide appliances. However, if the appliances are specified in the lease, the landlord is responsible for the repairs unless the appliance broke due to tenant misused or abused.  If the appliances are not mentioned in the lease, but are in the unit when the tenant moves in, it is assumed that it is the landlord’s responsibility to repair as long as the damage was not caused by the tenant’s misuse or abuse.

Visible residential mold at a level that may be hazardous to occupants is a condition that makes housing substandard. The rental property owner can be cited by local code enforcement and is required to remediate the problem. 

Mold that is accumulating in the shower is the tenants’ responsibility to clean. Please see the links below for more information about mold and how to clean it.

For serious mold issues that are not resolving and when the rental property owner or property management company is unresponsive, contact City of Davis Code Enforcement at codecompliance@cityofdavis.org or call (530) 757-5646.

Important Links for Landlords and Tenants Regarding Mold

• Mold or Moisture in My Home: What Do I Do?
• What to do about mold?
• Mold Issues for Landlords & Tenants
• California Department of Public Health Information about Mold
• Air Quality Section Relating to Mold Issues
• California Rules Regarding Mold in Rental Properties

In California, the law stipulates that if the air conditioning was a working part of the rental when the tenant moved in, you as the landlord are contractually and legally obligated to maintain it. Otherwise, you’d be in breach of your lease contract and your tenant can hold you liable for damages. If the unit is broken by the tenant, then the tenant must make the repair. But the tenant should not have to pay for an old unit breaking down or normal wear and tear on the unit.

No, if there is not a unit, the landlord is NOT responsible for providing one, unlike heat. Be sure to ask if there is air conditioning before you rent.

• Determine what your landlord is obligated to repair or to provide, refer to the Repairs and Habitability Handout, the California Tenants' Handbook, your lease and the Move In/Out Checklist.

• Put all requests in writing and include photos that are date stamped whenever possible.

• Document all conversations in writing by sending a follow-up email with what has been stated during the conversation. Include dates on every communication.

• Allow a reasonable period of time for repair but follow up weekly if you are not seeing any progress. In most cases, the owner or manager will begin working on your request shortly after it is made. Some repairs may take longer than others to complete. Current law indicates that 30 days is a reasonable period of time to address a repair, but it also depends on the nature of the repair.

• If none of these steps have worked and the issue is one of habitability, contact the Rental Resources Program, see if the landlord or property manager will go to mediation or find legal services. See the Rental Resources Program webpages for information about these services.

Quiet Enjoyment of the Rental Property vs Landlord Trying to Make Repairs

Tenants have a right to the quiet enjoyment of the home they are renting. There are however some considerations that tenants should understand. If something needs to be repaired, especially if it is urgent, could cause further damage to the property, is a safety issue, or was requested by the tenants and the landlord is trying to respond to this repair, the tenants really should try to work with the landlord on the landlord’s timeframe whenever possible because it is difficult to schedule contractors. It is sometimes not possible to work around the tenant’s schedule.

ALWAYS ASK your landlord before making any changes to the rental unit. Make your request in writing, and ask for a response in writing. Your lease may or may not list specific restrictions. Since the landlord must be able to enter the unit in case of an emergency, refer to your lease for restrictions about changing the locks or adding extra security without getting the written consent of the landlord.

The property owner is responsible unless you specifically agree to fix the leak as part of a contract. Agreeing to fix wear and tear or environmental damages is not normal, and you should not sign a lease requesting this unless you have a special agreement with the landlord for your trouble — such as reduced rent.

State law limits the amount the landlord can collect as a deposit. (Calif. Civil Code § 1950.5 (c)).

• The landlord cannot demand a security deposit greater than one months’ rent regardless of whether the unit is furnished or not.
• Small-scale landlords who own no more than two residential properties and a total of four units can request up to two months’ rent.
• If the prospective tenant is a service member, then the landlord can continue to demand up to two months’ rent as a security deposit. The new law does not change for service members.

Whether the landlord can increase the amount of the security deposit after you move in depends on what the rental agreement says, how much of a security deposit you have paid already, and what the reason for the increase.

• If you have a rental agreement, the security deposit cannot be increased unless increases are permitted by the terms of the rental agreement. In a periodic rental agreement (for example, a month-to-month agreement), the landlord can increase the security deposit unless prohibited by the agreement.

• The landlord must give you proper notice before increasing the security deposit. For example, 30 days advance written notice normally is required in a month-to-month rental agreement. In a rental agreement for a fixed-term, a change in deposit can typically only occur upon renewal of the agreement, unless the rental agreement provides otherwise. The additional deposit cannot exceed one months' rent regardless of whether the unit is unfurnished or not.

• Limits on security deposits may vary for tenants who are active duty military service personnel (see the California Tenants' Handbook).

California law states that all security deposits are refundable at the termination of tenancy and the lease/rental agreement cannot contain any provision that declares any portion of the security deposit as nonrefundable.  However, when you move out of the rental, the law does allow the landlord to keep part or all of the security deposit for four purposes:

1. Unpaid rent
2. Leaving the rental less clean than when you moved in
3. Repair of damages, beyond normal wear and tear, caused by the tenant or the tenant's guests
4. If the lease 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.

Please see California Civil Code Sections 1946.2(a) and 1950.5 (b) and (c).

The landlord can withhold from the security deposit ONLY those amounts that are necessary and reasonable, and NOT a result of “ordinary and reasonable wear and tear." For example, a landlord may not make tenants pay for painting, new carpets, or curtains unless they are damaged beyond ordinary and reasonable wear and tear. Moreover, the landlord cannot use the tenant’s security deposit to repair problems that existed in the unit before the tenant moved in.

How long do I have to return my tenant's security deposit?

Within 21 days after vacating the premises, the landlord must:

• Notify the tenant regarding the status or disposition of their security deposit.
• Refund the deposit with an explanation of the deductions.
• Provide an itemized list of all deductions (over $125) with copies of receipts/invoices for costs related to cleaning and repairs. If repairs cost less than $125, the landlord must send you an itemized statement but not copies of invoices or receipts.

NOTE: The law does allow the landlord to send an interim accounting within that time, if there is good cause for delays due to more work to be done that can affect the amount of deposit being returned. The landlord will then need to send a final accounting within 14 days of completion. 

If the landlord withholds the security deposit in bad faith, the court may award the tenant up to twice the amount of the security deposit plus any monetary damages the tenant suffered.   

Can I return the security deposit to all tenants on one check?

The default is to send a single check made out jointly to all tenants. You can make an arrangement with tenants to do something else, but get it in writing if you are sending separate checks that this is what has been agreed upon. This may be difficult for roommates who are no longer be living together, but it is the standard to have a single check.

What do I do if the security deposit was returned because the tenant left an incorrect forwarding address?

On suggestion is to mail a letter to your previous tenant addressed to the rental unit they were living in and paid rent to you. Hopefully, the letter will be forwarded to their new address. In the letter ask them to contact you with their correct address. Hold onto the returned envelope in case the tenant decides to takes you to court for not receiving their deposit back.

If a roommate moves out before the lease ends, does the landlord have to return part of the security deposit?

No. If tenants are sharing a rental property and each paid part of the security deposit, the landlord is under no obligation to return part of the security deposit if one tenant moves out early. The security deposit is usually only returned when the tenancy ends. When a sub-letter moves in, the person leaving can collect the amount of the security deposit they paid from the sub-letter. This avoids having to track down previous roommates at a future date. The sub-letter would receive what is left of the original tenant's portion of the security deposit when they move out rather than the original tenant.

I am selling a rental unit that currently has tenants living there. What do I do with their security deposit?

If the rental is sold while the tenant still lives there, the landlord needs to transfer the security deposit to the new owner, and the new owner will refund all of the deposit, or the portion that the tenant is entitled to, when he or she moves out. If the previous owner fails to transfer the security deposit to the new owner, the tenant can sue the prior owner for its return, or for the portion that the tenant is entitled to receive.

What is a sublease?

A sublease is a separate rental agreement between the original tenant and a new tenant who moves in temporarily (for example, for the summer), or who moves in with the original tenant and shares the rent. The new tenant is called a subtenant. 

With a sublease, the agreement between the original tenant and the landlord remains in full force and effect. The original tenant is still responsible for paying the rent to the landlord, and functions as a landlord to the subtenant. Any sublease agreement between a tenant and a subtenant should be in writing to avoid disputes.

Check the terms of your lease and obtain permission from your landlord. If you proceed with a lease assignment or sublet, get the landlord’s consent and terms in writing. Do not make assumptions about the process. Maintain communication with your landlord about the rights and responsibilities of both tenant and landlord in looking for new tenants including your future liability and the options about recovering your security deposit.

Who pays utilities when there is a subletter?

When you sublease all or a portion of your apartment, you are acting as a landlord for your subtenant. You have the same responsibilities towards your subtenant as your landlord has towards you. You must disclose to your subtenant whether the gas or electric services for the apartment are on a shared meter and come to an agreement as to how they will be paid, with the same holding true for water usage and garbage collection. However, your obligations under your lease with the landlord are not changed. If your lease requires that you pay water service and garbage collection charges to your landlord or directly to the service provider, you must make these payments regardless of your agreement with your subtenant.

What items fall under utilities?

Utilities are the basic services your home, apartment, or business needs to keep it comfortable and functioning properly. Common utilities include water, sewer, electric, gas, trash, and recycling. Technology subscriptions like cable TV, internet, security, and phone service can also be considered utilities.

Can a landlord charge for utilities?

Yes, a landlord can charge for utilities, as long as this is stated in the lease. A landlord cannot charge more than the actual cost of utilities.

Who pays water, sewer, garbage on a rental property?

In the City of Davis, water, sewer and garbage fees are billed to the owner of the parcel as on the recorded deed per City of Davis municipal code (32.01.140, 33.04.040, 39.03.230). However, some landlords pass along these fees to their tenants. If you intend to pass these fees along to your tenant, they must be included in the lease.

Does my landlord have to disclose to prospective tenants the use of shared meters? 

Landlords are required to disclose to prospective tenants the use of shared meters for gas, electric, water and sewer services. This disclosure is made before signing a lease. If your prospective landlord intends to bill you for shared services, you need to ask how the bill is calculated. The method for calculating your portion of the bill should be stated in your lease.

What can a landlord do if a tenant is late or missing a utility payment?

Try to prevent this problem by including in the lease how late or missed utility payments will be handled. 

Can I take money from the tenant's security deposit to pay for utilities?

No, California law specifically allows the landlord to use a tenant’s security deposit for four 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.

Who pays utilities when there is a subletter?

When you sublease all or a portion of your apartment, you are acting as a landlord for your subtenant. You have the same responsibilities towards your subtenant as your landlord has towards you. You must disclose to your subtenant whether the gas or electric services for the apartment are on a shared meter and come to an agreement as to how they will be paid, with the same holding true for water usage and garbage collection. However, your obligations under your lease with the landlord are not changed. If your lease requires that you pay water service and garbage collection charges to your landlord or directly to the service provider, you must make these payments regardless of your agreement with your subtenant.

What do I do if my landlord agrees to pay utilities but fails to do so?

If your landlord agrees to pay your utilities but fails to do so, you may be able to have the account for the service put in your name. The California Public Utilities Commission requires providers of metered services, such as gas, water and electricity, to notify tenants before terminating utilities because of the landlord's nonpayment. You can contact the service provider directly in response to a termination notice and request the account for your apartment be put in your name. The service provider must comply with your request if it is practical to do so. You are not required to pay any delinquent charges that are the landlord's responsibility.