If you rent, it might be unclear what responsibilities your landlord or property ownership group has.
Most renters laws are determined by the state, so it’s difficult or impossible to answer questions that are applicable nationwide.
This article breaks down some key questions for residents of the state of California. There are links to resources where you’ll be able to research further into renters laws, and straightforward answers to several questions renters frequently have regarding the HVAC in their rental properties and other landlord responsibilities.
Several items in this article touch upon legal statutes in the state of California that may be affected by your individual rental agreement or municipal laws. The information below can give you an idea of your rights and responsibilities and inform future discussions, but it’s advised that you speak with a lawyer on any matters that go beyond the bounds of your rental agreement and touch upon state or local laws.
Renting in California
Both tenants and landlords have rights and responsibilities in the state of California. These touch on the upkeep and habitability of a property.
RESOURCE: California Tenants – A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities
Specifically, rental units must be “habitable.” This isn’t a very descriptive term on its own, but legally speaking, it means that a property must meet state and local building and health codes that apply to an occupant of the property.
There are several habitability requirements that will apply to most or all properties. We’ll focus on heating and cooling, but will also discuss others that are frequently the target of questions or issues.
Air Conditioner Installation, Replacements and Maintenance
California landlords are not required to provide air conditioning for tenants.
There’s more to unpack, but that’s the short answer.
The longer answer includes the requirement that properties need to have proper ventilation and that if you have an existing air conditioner, the landlord may be responsible for its maintenance and upkeep.
Habitability laws in California require several aspects that we’ll discuss below, but air conditioning is not among them. Heating is a requirement, ironically, though in some parts of the state this may seem less necessary. Heating relates to the integrity of the home in the winter (pipes, etc.) and also safety of the tenant in ways that are not recognized by law for air conditioning.
Proper ventilation is necessary, however, which requires windows of a certain size, fans or vents to facilitate ventilation in each room of the home.
If your lease explicitly states that an air conditioning unit be provided by the landlord, in these instances your landlord is generally responsible for ensuring that the unit remains operable. If the unit breaks down, the cause of the breakdown can alter whose responsibility it is for repairs. Normal wear & tear generally falls to the landlord, while tenant negligence may make them responsible for a repair.
Alternative cooling units (swamp coolers, window units, etc.) may be provided as well, and the responsibilities for upkeep are either in the lease agreement, or they may be optional amenities that are not requirements from the landlord.
Repair Requirements and Options
If your landlord is required to fix an air conditioning unit, there’s generally a 30-day window for them to do so after being notified, which is why it’s important to notify them immediately when something occurs.
There are numerous alternative solutions for tenants that are protected legally if repairs are not performed within this time period, including abandoning the unit, paying for a repair and deducting the amount from their next rent check (“repair and deduct”), or suing the landlord.
Review state guidelines for each of these and consult with a lawyer before proceeding with them, but it can be a powerful way to get your landlord to take action when you know these options are available to you as a tenant.
California Rental Habitability Requirements
The short version of these requirements is that a rental unit must comply with state and local building and health codes in order to be considered habitable.
As we’ve covered, this doesn’t include air conditioning, but touches on numerous other areas related to the comfort and livability of a home.
Being considered legally uninhabitable can result from the following factors:
- Gas power is not working
- The property is not suitably protected from the weather, including via doors, windows, waterproofing and other means.
- A heating unit is not operable in the home.
- Plumbing is not in working order, and/or not connected to a sewage and drain system.
- No working smoke detectors
- No lockable mailbox or other method for safely securing mail
- No locking mechanisms on doors or windows.
This list is far from inclusive, but gives you a sense of the types of requirements that fall under landlord responsibility.
California Rent Increase Laws
In California, annual rent increase is restricted to a limit of 10%, including a local cost-of-living adjustment not to exceed 5%.
This is the statewide limit, but others may apply to your municipality or individual rental property. Many cities have rent stabilization laws that apply.
There’s no restriction on rent differences or increases between tenants of the same property management group, nor from one renter to the next in the same property. This again may be modified by local laws or individual lease agreements.
FAQs About California Renters Rights & Responsibilities
Below we’ve listed several other common questions about renters rights and responsibilities in California. Short answers accompany each, but you should always reference local laws, your lease agreement and/or consult with a lawyer if potential legal action is involved.
Do You Need a Written Rental Agreement?
No, you don’t. It’s strongly recommended that you do have one, but a rental agreement can be an oral agreement as well.
What Should My Rental Agreement Include?
A comprehensive list might be impossible, but among the items it’s recommended you have included in any rental agreement are the names of the parties involved, rent amount, due date for rent payments, any late fees, property upkeep and maintenance agreements, policies on pets, rules on additional occupants, sub-leasing rules and restrictions, contact information for all parties, yard maintenance agreements, eviction or move-out notice, and utilities payment responsibilities.
Can an Older Rental Property Have Lead-Based Paint?
Yes, older properties may have lead-based paint and landlords are not required to remove this. However, they are obligated to provide notice of any lead-based paint and it’s legally required that the agreement have state-approved warning statements concerning lead-based paint.
What if the Property Has Bedbugs?
Prior to new occupancy, a landlord must inspect for bedbugs and cannot lease the property if bed bugs are discovered until they are eradicated.
Could My Apartment Have Asbestos?
State guidelines “strongly urged” landlords to disclose known or suspected asbestos in any property built before 1981, but this does not appear to be a legal mandate in any documentation we sourced for this article. It’s recommended that you discuss this with your landlord before moving into a new property.
Has Anyone Died at My Property?
Landlords must disclose any death in the property in the last three years, as well as the cause. There are certain legal exceptions to this, such as when a previous tenant died of AIDS-related health complications.
Can Landlords Demand a Screening Fee or Security Deposit?
These are not mandatory but neither are they restricted by state law. A landlord may, and probably will, charge a security deposit and may request a screening fee for a new occupant.
Do I Need Renter’s Insurance?
Renter’s insurance isn’t mandatory at the state level, but often an individual lease agreement will require renter’s insurance before you are able to occupy a property. Some rare cases will also require other types of insurance depending on the number of people living in the property.
Can I Sublease My Rental?
You are able to sublease a rental property unless the terms of your lease agreement forbid you from doing so. Some exceptions are common when a tenant moves out early and has to sublease temporarily until the end of the lease contract, but make sure you discuss this with your landlord in advance.
Can I Be Kicked Out of My Rental Property?
This depends heavily on the circumstances. In general, you’re protected from eviction when there is no tenant negligence and rent payments are made in full and in a timely manner. In cases of building demolition, property sale and other special circumstances, your existing lease contract is still enforceable to certain limits. Notice must be given by the property owner in these circumstances, often with a 30-, 60- or 90-day notice of any legal changes to your agreement.
Alternative Ways to Stay Cool
So let’s say you don’t have central air and are struggling to stay cool. You may not be entitled to air conditioning in your rental property. What are your options?
Aside from finding a new place to live, which may not be an option, here are some items you can consider:
- Swamp coolers. These won’t reduce humidity like a central air system, and can be noisy at times, but
- Window air conditioners. Similarly, these aren’t going to be as efficient or quiet as a traditional air conditioner, but can effectively cool and reduce humidity in key parts of the home.
- Window fans. A backup solution similar to a window AC, a window fan won’t cool the air, but can circulate air and bring in cooler air during the night. These can often help people to sleep better during the summer.
- Ceiling fans. This is one where you may have to check with your landlord to see if installation of a ceiling fan is possible.
- Blackout curtains. Bringing in cool air can help, but keeping sunlight (and thus heat) out can contribute to the temperature in your home as well. Thick curtains that remain shut during the hottest portions of the day can often make a significant difference.
While none of these are as comprehensive as central air conditioners at cooling your home, they can be viable alternatives to avoid the worst of the summer heat.
Talk to Your Landlord, Know Your Rights
A lot of issues can be resolved by speaking with your landlord and referencing either the lease agreement you’ve signed and/or local and state laws that pertain to tenant and landlord rights and responsibilities.
Communicating effectively this way can often be the best solution, and can avoid costly and annoying debates with landlords and – worst case – lawsuits or other legal action.
Knowing your rights is the first step to this. The guide here has given you a primer, and the links and resources throughout can provide further reading for those researching a particular aspect of renter rights in California.
Working With a Trusted HVAC Contractor: CABS Heating and Air Conditioning
Your property owner may have a contractor they work with already, but oftentimes they are searching for a trusted HVAC partner just like a homeowner would.
CABS Heating and Air Conditioning services rental properties and individual homeowners alike. We’re one of the top-rated HVAC companies in the Sacramento area and have helped tens of thousands of people to stay cool throughout the summer and comfortable all year long.
If you own or rent a property and want to be able to trust the heating and cooling specialists you work with, give us a call. We provide no-obligation quotes and competitive rates on all major HVAC installations, repairs and maintenance.
