Landlord Laws and Responsibilities to Tenants in Orange County

Legal Framework

Statewide Laws:

• California Tenant Protection Act (AB 1482): This law sets a statewide rent control cap and just cause eviction rules, impacting how landlords can increase rent and evict tenants.
• California Civil Code: Outlines general obligations for landlords, including habitability standards, tenant privacy, and security deposit handling.

Local Ordinances:

• Santa Ana: Has its own rent control ordinance, capping annual rent increases at 3% for covered units.
• Other Cities: While other cities in Orange County might not have rent control, they do enforce local codes concerning housing and tenant rights.

Key Responsibilities of Landlords

Habitability and Maintenance:

• Implied Warranty of Habitability: Landlords must ensure their rental units meet basic health and safety standards. This includes:
  • Functional plumbing
  • Waterproof and weatherproof conditions
  • Adequate heating
  • Safe electrical systems
  • Pest-free environment
• Maintenance Responsibilities:
  • Prompt Repairs: Landlords must address repair requests within a reasonable time frame, generally 30 days for non-urgent issues, or immediately for emergencies like gas leaks or no heat.
  • Tenant Remedies: If landlords neglect maintenance, tenants might have the right to “repair and deduct” or withhold rent under certain conditions.

Security Deposits:

• Limits: For unfurnished units, landlords can’t charge more than one month’s rent for a security deposit (two months for furnished). This changed from two months to one in 2024 under state law.
• Return and Itemization: Within 21 days after a tenant moves out, landlords must return the deposit or provide an itemized list of deductions for damages beyond normal wear and tear.

Rent Increases:

• Notice Period: Landlords must give 30 days’ notice for any rent increase up to 10% and 90 days for increases exceeding 10%.
• AB 1482 Cap: Increases are limited to 5% plus the percentage change in the CPI or 10%, whichever is lower, for most units.

Tenant Privacy:

• Right of Entry: Landlords must provide at least 24 hours’ notice before entering a rental unit for non-emergency reasons, with entry generally allowed only during reasonable hours.

Evictions:

• Just Cause: Under AB 1482, landlords must have a legitimate reason to evict tenants who have lived in the unit for 12 months or more. These reasons include non-payment of rent, lease violations, or the desire to move in or renovate the property.
• Proper Notice: Landlords must follow strict legal notice procedures before filing an eviction, using the correct forms like a 3-day notice for non-payment of rent or a 30/60-day notice based on tenancy length.

Fair Housing and Discrimination:

• Non-Discrimination: Landlords must comply with state and federal fair housing laws, prohibiting discrimination based on race, color, religion, sex, national origin, familial status, or disability.

Tenant Screening:

• Legal Screening Practices: While landlords have the right to screen tenants, this must be done in a non-discriminatory manner, with clear, consistent application of screening criteria.

Additional Considerations in Orange County

Local Tenant Protections:

• Relocation Assistance: In cities like Santa Ana, tenants might be entitled to relocation assistance if evicted for no fault of their own (e.g., owner move-in evictions).
• Just Cause Eviction Ordinances: Although not comprehensive across Orange County, some cities have or are considering these ordinances, offering additional tenant protections.

Environmental and Safety Concerns:

• Lead Paint: For properties built before 1978, landlords must provide lead paint disclosures.
• Mold and Pests: Landlords are responsible for addressing mold and pest issues, which can be particularly problematic in the coastal climate of Orange County.

Best Practices for Landlords

Documentation:

• Keep Records: Maintain thorough documentation of all interactions, maintenance requests, and notices given to tenants. This can be crucial in legal disputes.

Communication:

• Clear Communication: Ensure all policies, lease terms, and changes in rent or property rules are communicated clearly and in writing.

Education:

• Stay Informed: Regularly review updates to both state and local laws. Attending workshops or joining local landlord associations can be beneficial.

Professional Management:

• Consider Property Managers: For those managing multiple properties or from afar, hiring a property management company can help ensure compliance with all regulations. Like us here at the Malakai Sparks group.

Potential Pitfalls and How to Avoid Them

Non-Compliance with Laws:

• Legal Risks: Fines, lawsuits, or being forced to return rent can result from non-compliance. Always ensure practices align with current laws.

Retaliation:

• Tenant Rights: Retaliating against tenants for exercising their rights (like reporting habitability issues) is illegal. Keep all actions just and documented.

Misunderstanding Local Regulations:

• City-Specific Rules: What’s legal in one city might not be in another. Always check local ordinances, especially in cities with added tenant protections – like Santa Ana and Costa Mesa. 

Conclusion on Laws on Landlords Responsibilities