These guides cover the most common ways Bay Area landlords cross the line — and what the law actually says. General information only; your situation may differ.
California law requires landlords to keep rental housing in a condition fit for people to live in — working plumbing, heat, weatherproofing, and freedom from pests and mold. If your landlord knows about a serious defect and doesn't fix it in a reasonable time, that can be a habitability violation.
What to do: put repair requests in writing, keep dated photos, and keep copies of anything the landlord sends back. That record is often what makes or breaks a habitability claim.
California Civil Code §§1941, 1941.1A landlord cannot change your locks, remove your belongings, shut off your utilities, or otherwise force you out without going through the court eviction process. This is true no matter what your lease says and no matter how much rent you owe.
What to do: if you're locked out or shut off, document it immediately (photos, time-stamps, witnesses) and don't sign anything the landlord hands you on the spot.
California Code of Civil Procedure §789.3Once you move out, your landlord has 21 days to either return your full deposit or send an itemized statement showing lawful deductions (unpaid rent, damage beyond normal wear and tear, and a few other limited categories).
What to do: give written notice of your forwarding address, take move-out photos, and keep your move-in inspection paperwork if you have it.
California Civil Code §1950.5It's illegal for a landlord to raise your rent, serve a notice, or try to evict you because you complained about conditions, requested repairs, or exercised another legal right. If that happens within 180 days of your complaint, the law presumes it's retaliatory unless the landlord proves otherwise.
What to do: keep a timeline — the date of your complaint and the date of whatever the landlord did next. Timing is often the whole case.
California Civil Code §1942.5Most tenants are dealing with more than one issue at once. Tell us what's going on and we'll help you sort out what matters.
Start your free case review