California Tenant Guide
Sourced from the California Department of Consumer Affairs

Tenants Basic Rights
Tenants have basic legal rights that are always present, no matter what the rental agreement or lease states. These rights include all of the following:

Security Deposit
There are limits on the amount of the security deposit that the landlord can require you to pay; for unfurnished units, the total amount that the landlord requires as security cannot be more than the amount of two months' rent. For furnished units, the total amount that the landlord requires as security cannot be more than the amount of three months' rent.

Entering the Unit
There are limits on the landlord's right to enter the rental unit; California law states that a landlord can enter a rental unit for the following reasons:

• In an emergency.
• When the tenant has moved out or has abandoned the rental unit.
• To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.
• To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy
• If a court order permits the landlord to enter
• The tenant is present and consents to the entry at the time of entry.

Security Deposit Refund
You have the right to a refund of the security deposit, or a written accounting of how it was used, after you move. California law specifically allows the landlord to use a tenant's security deposit for four purposes:

• Unpaid rent
• For cleaning the rental unit when the tenant moves out
• For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests
• If the lease or 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

Under California law, 21 calendar days or less after you move, your landlord must either:

• Send you a full refund of your security deposit, or
• Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.

Violations
You have the right to sue the landlord for violations of the law or your rental agreement or lease.

Moving Out
To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move. You must give the landlord the same amount of notice as there are days between rent payments. This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move. If your rental agreement specifies a different amount of notice (for example, 10 days), then you must give the landlord written notice as required by the agreement.

Eviction
A landlord can terminate a month-to month tenancy simply by giving the tenant 30 days' advance written notice. However, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:

• Failed to pay the rent.
• Violated any provision of the lease or rental agreement.
• Materially damaged the rental property
• Substantially interfered with other tenants
• Used the rental property for an unlawful purpose.

If you decide to pay the rent that is due, it's best to call the landlord or the landlord's agent immediately. Tell the landlord or agent that you intend to pay the amount demanded in the notice (if it is correct) and arrange for a time and location where you can deliver the payment to the landlord or agent. You must pay the rent by the end of the third day.

Resources:
Heartland Human Relations and Fair Housing
1068 Broadway, Suite 221
El Cajon, CA 92021
(619) 444-5700
info@hhrfha.org

Fair Housing Council of San Diego
625 Broadway, Suite 1114
San Diego, CA 92101
(619) 699-5888
www.fhcsd.com

Legal Aid Society of San Diego
110 South Euclid
San Diego, CA 92114
(877) 534-2524
www.lassd.org

Neighborhood House Association
5660 Copley Drive
San Diego, CA 92111
(858) 715-2642
www.neighborhoodhouse.org

National Conflict Resolution Center
625 Broadway, Suite 1221
San Diego, CA 92101-5419
(619) 238-2400
(760) 494-4728
www.sdmediate.com

Tenants Legal Center
5252 Balboa Avenue, Suite 408
San Diego, CA 92117
(858) 571-7100
www.tenantslegalcenter.com