The History of California LandlordTenant Laws
The California Association of Realtors Web site had a posting of the history of Landlord/Tenant Laws in California up to 1999. An update to 2018 will be forthcoming.
1846 – California comes under direct American control
1848 – Discovery of Gold in California
1849 – California Constitution ratified
1850 – California formally gains statehood
1872 – The foundation for California landlord-tenant law comes with the enactment of the Civil Code, the Code of Civil Procedure, the Penal Code, and the Political Code(now the Government Code)
- Rental property owners given the explicit right to terminate a tenant upon 30 days’ written notice. (Civil Code Section 789)
- Rental property evictions are granted a summary status in the courts in order to allow owners the ability to regain possession of the unit expediently. (CCP Section 1170.5)
- Renting of property is defined as temporary possession and use of property, and the tenant must return the property at a future time. (Civil Code 1925)
- The tenant is required to use ordinary care to protect the property and keep it in good repair. (Civil Code Section 1928)
- Law defines leases as month-to-month after the tenant continues to pay rent and stays in possession of a rental unit after the expiration of a term lease (Civil Code Section 1945)
- Subletting by a tenant is prohibited unless it is done with the consent of the owner. (Civil Code Section 1948)
- Double letting is prohibited. Tenants are entitled to an entire room and are relieved of any obligation to pay rent if any part of the room is let to another person or (Civil Code Section 1950)
- Right to a jury trial in eviction cases is established.
(CCP Section 1171)
- Tenants given the right to make repairs and deduct the cost from rent. (Civil Code Section 1942)
1873 – Law allows tenants to stay in possession of rental property if, during the eviction process, the tenant petitions the court and demonstrates a hardship; rent must be paid in full. (CCP Section 1179)
1873 – Landlord required keeping the rental property in good repair. (Civil Code Section 1941)
1879 – California Constitution significantly modified.
1905 – Tenants are responsible for deterioration of the property when it results from their lack of ordinary care. Tenant cannot utilize the property for any other purpose than its intended purpose. (Civil Code Section 1929)
1930 – California becomes the nation’s number one agricultural state
1959 – Individuals who wish to purchase and operate rental property are protected against discrimination by banks and brokers because of their sex, race, color, religion, ancestry, national origin, or disability. Tenants also protected against discrimination by rental property owners. (Civil Code Section 51)
1967 – Full-time California Legislature goes into session
1967 – Residential rental property managers are exempted from the real estate broker requirements. (Business and Professions Code Section 10131.01)
1968 – Individuals with disabilities explicitly entitled to full and equal access to accommodations. (Civil Code Section 54.1)
1970 – California becomes the most populous state Demographics = 78 percent non-Hispanic White, 2 percent Latino, 7 percent African-American, 3 percent Asian.
1980 Rent Control Passes
- Oakland Rent Control Ordinance passed
- Hayward Rent Control Ordinance passed
- Los Gatos Rent Control Ordinance passed
- Palm Springs Rent Control passed by voters
- Thousand Oaks Rent Control Ordinance passed
1981 – Family day care homes granted the ability to operate in rental housing without property owner’s consent. (Health and Safety Code Section 1597.40)
1982 – California Appellate Court makes three significant rulings:
- Rental property owners cannot discriminate against an individual because of their sexual preference. Hubert vs. Williams c.A.3d Supp.1, 184 car. 161
- Rental property owners cannot discriminate against anyone on the basis of marital status. Hess vs. Fair Employment and Housing Commission 138 C.A.3d 232, 187 c.R. 712
- Rental property owners cannot arbitrarily discriminate against families with children. Marina Point, Ltd. vs. Wolfson 30 c.3d 721, 180 C.R. 496
1983 – Owners allowed to collect a penalty when a tenant writes a check on insufficient funds. (Civil Code Section 1983)
1983 – East Palo Alto Rent Control Ordinance passed
1984 – Smoke detectors required in all dwelling units intended for human habitation. (Health and Safety Code Section 13113.7)
1984 – Senior housing is explicitly excluded from the anti-discrimination laws. Property owners with housing that meets specified criteria are allowed to offer housing exclusively to seniors. (Civil Code Section 51.2, 51.3, 51.4)
1985 – West Hollywood Rent Control Ordinance passed
- Rental property owners cannot discriminate against anyone on the basis of marital status. Hess vs. Fair Employment and Housing Commission 138 c.A.3d 232, 187 C.R. 712
- Rental property owners cannot arbitrarily discriminate against families with children. Marina Point, Ltd. vs. Wolfson 30 C.3d 721, 180 c.R. 496
1984 – Smoke detectors required in all dwelling units intended for human habitation. (Health and Safety Code Section 13113.7)
1984 – Senior housing is explicitly excluded from the anti-discrimination laws. Property owners with housing that meets specified criteria are allowed to offer housing exclusively to seniors. (Civil Code Section 51.2, 51.3, 51.4)
1985 – West Hollywood Rent Control Ordinance passed
California Apartment Association – caanetorg – California rental property management seL Page 5 of 8
1985 – Ellis Act signed by Governor, allowing rental property owners to leave the rental housing business without interference from local governments (Government Code Section 7060)
1986 – Owners are not liable for failure to disclose the occurrence of an occupant’s death upon the property where the death occurs more than three years prior to the sale or lease, or that an occupant of the property was afflicted with, or dies of HIV or AIDS. (Civil Code Section 1710.2)
1986 – Proposition 65 passed by the electorate; prohibits anyone from knowingly and intentionally exposing anyone to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to the individual. (Health and Safety Code Section 25249.6)
1986 – California Appellate Court rules that a rental property owner’s occupancy standard that is imposed to prevent overcrowding is legal so long as it is based on objective criteria, such as square footage, facilities, or open space. Park Redlands vs. Simon 266 c.R.199, 181 c.A.3d 87
1986 – California Legislature passes, and Governor signs, first Childhood Lead Poisoning Prevention Act, directing the Department of Health Services to study the extent of childhood lead poisoning in California.
1988 – Any owner who negotiates with a tenant in Spanish must include a rental contract in Spanish. (Civil Code Section 1632)
1989 – Water heaters must be braced, anchored, or strapped. (Health and Safety Code Section 19211)
1989 – California Legislature directs the State Department of Health Services to test children for blood lead levels. Department directed to adopt regulations governing he abatement of lead paint and standards for enforcement, testing, and abatement.
1990 – Special procedure and form (prejudgment claim of right to possession) established for owners to serve an eviction notice on all tenants – known and unknown who may reside in the unit. (CCP Section 1174.25 and 1174.3)
1990 – Los Angeles replaces New York as the nation’s busiest port
1990 – Proposition 140 passes: Term Limits for State Legislators
1991 – Unlawful detainer court records sealed from public few in order to stop “eviction delay mills” from obtaining names of tenants. (CCP Section 1161.2)
1991 – Owners required to install and maintain one usable telephone jack in each rental unit. (Civil Code Section 1941.4)
1991 – California Supreme Court upholds rental property owner’s ability to use income standards. Harris vs. Capital Growth Investors 52 c.3d 1142, 278 C. R. 614
1992 – California Appellate Court outlaws local community occupancy ordinances that are more stringent than California’s Uniform Housing Code unless the city or county can justify the local ordinance with topographical, geological, or climatic factors. Briseno vs. City of Santa Ana 8 c.R.2d 486, 6 c.AAth 1378
1992 – Congress passes the Residential Lead-Based Paint Hazard Reduction Act. Owners with buildings construction before 1978 mandated to provide prospective tenants with information about lead poisoning.
1993 – “Unlawful detainer assistants” defined and they are required to register with local authorities and must be bonded. The largest and most evasive eviction delay mills go out of business as a result of this law. (Business and Professions Code Section 6400, et.seq.)
1995 – The Costa-Hawkins Rent Control Act is chaptered. Strict rent control ordinances outlawed in local communities. (Civil Code Section 1954.50 et. seq.)
1995 – Water districts prohibited from collecting from a property owner the water charges or penalties owed by a tenant. (Public Utilities Code Section 12822.6)
1995 – California Supreme Court rules that its previous ruling in Becker v. IRM Corp (1985) incorrectly imposed liability for injuries caused by defects that the landlord had not created, that would not have been disclosed by a reasonable inspection, and of which the landlord had
1996 – Owners explicitly granted the right to collect a screening fee from each prospective tenant. (Civil Code Section 1950.6)
1996 – California Appellate Court rules that rental property owners cannot refuse to rent to an unmarried couple based upon the owner’s religious beliefs. Smith vs. Fair Employment and Housing Commission 51 c.R.2d 700, 12 CAth 1143, 913 P.2d.
1997 – Owners required to install deadbolts on rental property doors and windows. (Civil Code Section 1941.3)
1998 – Law requires rental property owners to provide tenants with information about California’s sex offender database. (Civil Code Section 2079.10a)
1999 – Law prohibits rental property owners from discriminating against prospective tenants and existing tenants because of the source of their income. In addition, owners cannot use an income standard that fails to account for the aggregate income of persons residing together or proposing to reside together. (Government Code Section 12955)