In Santa Cruz, California, landlords enjoy many protections under the law, but they must also be aware of certain actions they are legally prohibited from taking. This guide outlines what landlords cannot do in this vibrant coastal city.
Santa Cruz’s comprehensive landlord-tenant regulations are designed to protect both parties involved in a rental agreement. While there are numerous laws in place to safeguard landlords, it’s crucial to understand the boundaries set by California law. Below, we delve into the actions that landlords must avoid.
Table of Contents
Ensuring Fair Housing: Upholding Anti-Discrimination Laws
Charging Application Fees and Security Deposits
Avoiding Illegal Background Checks
Raising Rent Legally: How to Stay Within the Law
Keeping Your Property Livable: Your Maintenance Obligations
Tenant Privacy: When You Can and Cannot Enter the Property
Evicting Tenants: Understanding the Process
Retaliatory Actions
Handling Abandoned Belongings
What You Need to Know About the Tenant’s Right to “Repair and Deduct”
Providing Required Disclosures
Upholding Anti-Discrimination Laws
Landlords in Santa Cruz cannot discriminate against tenants or applicants based on a range of factors. Anti-discrimination laws, established by the federal Fair Housing Act of 1968 and California’s Fair Employment and Housing Act, ensure that everyone has a fair opportunity to secure housing.
Under these regulations, landlords are prohibited from discriminating based on:
Age
Race
Color
Ancestry or national origin
Religion
Disability (mental or physical)
Gender and sex
Sexual orientation
Gender identity and expression
Genetic information (such as the likelihood of a genetic mutation or chronic disorder)
Marital status
Familial status (families with children under 18)
Source of income
Immigration status
Primary language
Citizenship
Military or veteran status
Certain cities may impose additional restrictions to promote fair housing practices. For instance, landlords in Oakland cannot inquire about an applicant’s criminal history or use it as a basis for tenancy decisions.
Failure to comply with these anti-discrimination laws can lead to legal consequences. By adhering to these regulations, landlords contribute to a more inclusive rental market that fosters a welcoming community.
Application Fee Regulations
In Santa Cruz, landlords can only charge rental application fees when a unit is available, and these fees must not exceed a specified limit. As of 2024, the maximum application fee a landlord may charge is $62.02.
Limits on Security Deposits
Landlords in Santa Cruz are restricted on how much they can charge for security deposits. Starting July 1, 2024, the limit is one month's rent for security deposits. If a landlord manages only 1-2 residential rental properties with a maximum of four units, they may charge up to two months' rent, provided the landlord is a natural person.
Refunding Security Deposits
California law outlines specific guidelines for the use and return of security deposits:
Landlords must return security deposits within 21 days after tenants vacate the property.
If a landlord retains any portion of the security deposit, they must provide an itemized list of deductions along with receipts within the same 21-day period.
Deductions can only be made for damages exceeding normal wear and tear.
If repairs are not completed within 21 days, landlords can provide estimates and then follow up with receipts within 14 days of repair completion.
Avoiding Illegal Background Checks
California law permits landlords to conduct credit and rental history checks to verify the financial stability of potential tenants. However, criminal record checks can only cover the last seven years (with some exceptions). In cities like Oakland and Berkeley, criminal background checks are prohibited during tenant screening.
Landlords must ensure that their background checks comply with both state and local regulations to prevent discriminatory practices.
Raising Rent Legally: How to Stay Within the Law
Landlords in Santa Cruz must adhere to the Tenant Protection Act (AB 1482), which regulates permissible rent increases. This law aims to protect tenants from excessive rent hikes.
Under AB 1482, annual rent increases cannot exceed 5% plus the current rate of inflation or 10%, whichever is lower. Landlords are also required to provide tenants with written notice at least 30 days before any rent increases take effect.
Some cities, including Los Angeles and San Francisco, have their own rent control measures that may impose stricter limits. Therefore, landlords should always check local regulations.
Keeping Your Property Livable: Your Maintenance Obligations
Landlords in Santa Cruz are obligated to maintain their rental properties in a safe and habitable condition. They must comply with state and local codes and promptly address any issues that could affect tenant safety.
Mandatory Repairs and Staying Up to Code
Landlords must ensure:
Compliance with all building, health, and safety codes.
Proper functioning of heating, plumbing, and electrical systems.
The property is free from pests.
Maintenance of common areas.
Repairs of hazards that pose safety risks.
Handling Emergency Repairs
If serious repairs are required, tenants have specific rights:
Tenants can withhold rent until essential repairs are completed.
Tenants may vacate the property without notice if repairs are not made.
Tenants can carry out repairs themselves and deduct the costs from their rent, provided the total amount does not exceed one month’s rent.
Tenant Privacy: When You Can and Cannot Enter the Property
Landlords must respect tenant privacy and provide written notice before entering a rental property, except in emergencies or if the property has been abandoned. California law mandates a 24-hour notice for repairs and a 48-hour notice before showing the property to prospective tenants.
Evicting Tenants: Understanding the Process
Landlords can only evict tenants for legally permissible reasons. The eviction process begins with the posting of an eviction notice, which gives tenants three days to rectify any lease violations or unpaid rent.
Evictions can be classified as:
At-fault: Non-payment of rent, property damage, or breach of lease.
No-fault: Owner move-in, substantial remodeling, or withdrawal of the property from the rental market.
Retaliatory Actions
Landlords are prohibited from retaliating against tenants who assert their rights. This includes unjust rent increases, retaliatory evictions, or withholding services.
Handling Abandoned Belongings
If a tenant leaves belongings behind after moving out, landlords must notify the tenant, describe the items, and provide a collection deadline (typically 15-18 days). If the belongings are not claimed, landlords can dispose of them through sale, donation, or disposal.
Tenant’s Right to “Repair and Deduct”
California tenants have the right to make emergency repairs and deduct the costs from their rent if the issue affects their health or safety and the landlord has not resolved it. This right can be exercised twice a year and cannot exceed the tenant’s monthly rent.
Providing Required Disclosures
Landlords in Santa Cruz must furnish tenants with essential disclosures, which include:
Information regarding utility-sharing.
Warnings about toxic mold.
The presence of lead paint or other hazardous materials.
Hiring a Property Management Company
If you’re seeking a reliable property management partner to assist with your Santa Cruz rental property and ensure compliance with all applicable laws, consider Andren Homes. With over ten years of experience managing more than 1,000 properties, Andren Homes is dedicated to making property management seamless so you can focus on what truly matters. Contact us today to discover the Andren Homes difference.
California Landlord Regulation FAQs
What constitutes harassment from a landlord in California?Harassment includes verbal abuse, neglecting repair requests, or entering the property without proper notice. These actions are illegal.
Can a tenant refuse entry to a landlord in California?Yes, tenants can deny entry if the landlord fails to provide proper notice. However, landlords can enter without notice in emergencies.
Is a landlord responsible for relocation costs in California?Under the Rent Stabilization Ordinance, landlords may be obligated to cover relocation expenses if evicting a tenant through no fault of their own, such as an owner move-in.
By adhering to these guidelines, both landlords and tenants in Santa Cruz can facilitate a smooth and fair rental experience.
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Logan Andren
Logan Andren is the founder and CEO of Andren Homes Property Management. Since launching the company, Logan and his dedicated team have simplified the rental property experience for numerous Santa Cruz homeowners. Their mission is to enhance the lives of their clients and community, focusing on providing exceptional service and fostering lasting relationships. DRE #02002055
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