California law protects both the tenant and the landlord with regards to leased housing. Landlords and tenants have specific rights, some of which differ depending on the type of the lease. However, no matter the type of lease, the landlord and tenant both enjoy fundamental legal rights throughout the entire contractual agreement.

Read more: 

California law prohibits landlords from refusing to rent to persons based on certain characteristics such as religion, marital status, gender, age, or race. Other characteristics include a mental or physical disability, physical appearance, and sexual orientation. Any judgment made on the part of the landlord to refuse to rent to an individual must be based on business reasons, such as a potential tenant's inability to pay rent. An exception to this rule would be housing specifically designed for senior citizens, in which case the landlord is able to reject a person based on age.

Read more: 

A tenant has certain legal rights even if the lease states otherwise. For example, a landlord cannot force a tenant to pay more than a certain amount for a security deposit. A landlord also does not have the right to enter into the tenant's unit without permission unless it is an emergency, such as fire or gas leak. When a tenant vacates the premises, the landlord must return the entire security deposit unless he provides the tenant with a detailed list or explanation of how part or all the security deposit was used to repair and/or clean the unit after the tenant vacated.

Read more: 

Depending on the building, some or all utilities are shared among the tenants, such as water and gas. This typically occurs when the apartment complex has too many units to have individual meters read each month. If the utilities are shared among the tenants, the landlord must notify the tenant before the tenant signs a rental agreement. The landlord must explain in writing how the bill for utilities will be allocated among the tenants for each month.

Read more: 

Landlords in every state have a duty to respect their tenants' rights to privacy or right to peaceful enjoyment. In California, the covenant of quiet enjoyment requires landlords to provide their tenants with notice before entering their homes. Landlords have a right to enter their tenants' homes only to make necessary repairs or agreed-upon repairs, to show their homes to prospective tenants, to conduct an initial walk-through inspection, during emergencies and after their tenants abandon their property.

1. California Civil Code
   • The California Civil Code requires landlords to provide at least 24 hours of notice, in writing, before they can enter a tenant's home. However, landlords do not have to provide advance written notice for emergencies repairs or for emergency situations that may endanger their tenants' safety or their property. After providing at least 24 hours of advance written notice, landlords may only enter during business hours, generally between 8 a.m. and 5 p.m., Monday through Friday.
     
     
   Landlords' Rights
   • Additionally, landlords may enter pursuant to a court order or to ensure compliance with local code regulations if their tenants have waterbeds. They do not have to provide advance notice if they are entering for an emergency reason, the tenant has moved or abandoned her home, the tenant is available in her home when her landlord requests entry or if they have already agreed upon the entry.
     
     
   Timing
   • Landlords must provide written notice of the approximate time they will enter and their purpose for entering. California law allows landlords to enter after providing oral notice to show their units to prospective purchasers. The landlord's oral notice must indicate the time of entry and purpose, and they may only enter during business hours unless their tenants allow them entry during non-business hours. After entering, the landlord must provide a written notice that he entered the apartment or he may leave a business card. However, the landlord's right to provide 24 hours of oral notice is limited to landlords who provided at least 120 days of written notice to tenants that their homes were on the market.
     
     
   Tenants' Rights
   • California law allows tenants to file suit against their landlords who violate their rights to privacy. As of April 2011, courts can award tenants monetary penalties of up to $2,000 for each penalty or each instance their landlords failed to provide them with written notice before entering. Courts can also allow tenants to terminate their leases prematurely. California Penal Code Section 602 makes it illegal for a landlord to enter a tenant's home without notice, and if she removes her tenant's property or damages her property, she can face criminal trespass charges punishable by a fine of up to $50,000 and a one-year prison term.
     
     
   Considerations
   • Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
     
     

Read more: