Landlord Rights and Responsibilities
Giving notice
If you want your tenant to move out, you are legally required to give them written notice. If they are doing something wrong or violating the terms of the rental agreement, you need to tell them what the issue is and how to remedy it. If the tenant will not fix the problem or move out voluntarily, you will need to go through the court to get an order for them to move out.
Reasonable accommodations
Landlords must grant requests for reasonable accommodations in housing for tenants with disabilities. This may include a change to a rule or policy, like modifying a pet policy to allow an assistance animal. Or it can be a structural change (known as a modification), like the installation of a ramp.
Rent increases
As a landlord, you must give advance written notice of any rent increase. There are also limits to how much and how often you can raise the rent.
Repairs and livable conditions
As a landlord, you are responsible for providing and maintaining your rental unit in a safe and habitable condition. Landlords must follow state and local building and health codes. This includes things like working smoke and carbon monoxide alarms, plumbing, and heating. Your tenant is responsible for taking reasonable care of the unit, and repairing any damage they have caused.
Security deposits
As a landlord, you can require tenants to pay a security deposit before moving in. When your tenant moves out, you have 21 days to either return the entire deposit or return the deposit minus deductions for damage/repairs. If you are deducting from the deposit for damage, you must provide an itemized statement listing what was deducted and why. Santa Cruz Municipal Code also requires landlords to pay interest on a tenant’s security deposit.
Terms of rental agreements
A rental agreement is a binding legal document that outlines the rights and responsibilities of the landlord and tenants. This document should include basic information such as names of tenants, rental price, when and how rent is to be paid, term of tenancy, and security deposits and fees. You may wish to include other information, such as where to park, whether pets are allowed, or when quiet hours begin. California landlords are also required to make disclosures, including lead-based paint, bed bugs, asbestos, and Megan’s Law.
Looking for rental agreements? You can download rental agreement templates, required disclosures, and other useful forms on the Landlord Resources page.
Tenant privacy rights and property access
Under California law, landlords are required to give tenants written notice at least 24 hours before entering rental property, except in the case of an emergency.
Unlawful discrimination
Tenants have a protected civil right to seek and hold housing free from unlawful discrimination. As a landlord, you cannot refuse to rent to a tenant or provide unequal terms to a tenant for a discriminatory purpose. California law protects certain classes, including (but not limited to) race, religion, gender, sexual orientation, and veteran status.
Transient Occupancy Tax
If you are offering and charging guests or students for overnight accommodations in Santa Cruz, you may be required to register and file monthly tax forms to the City for collection of a Transient Occupancy Tax (TOT). If your property is subject to the TOT, you must register with the City within 30 days of commencing business, and file monthly TOT returns to avoid significant fines and penalties.