Tenant Rights
General rights of tenants include:
The tenant has the right to expect a livable rental unit. Livability means that the unit should:
- be weather and waterproof
- have working plumbing
- provide enough hot and cold running water
- have a working heating system
- have an electrical system in good working order
- be free from infestations of insects and rodent
- have sufficient trash cans
- have floors, stairways and railings in good repair
- have natural lighting in every room
- have working windows that open at least halfway or mechanical ventilation
- have safe fire or emergency exits leading to street or hallway
- have a working deadbolt lock on main entrance
- have working security devices on windows
- have working smoke detectors
Tenants have a right to written 24-hour advance notice of the owner's intent to enter the property, except in case of an emergency.
When a tenant has provided a written request for repairs to the landlord, he/she has the right to a prompt response.
Tenants must receive 30 days written notice of a rent increase under 10%. The tenant must receive 60 days written notice for a rent increase over 10%.
Tenants must receive the return of their security deposit within 21 days of vacating a unit. They have a right to an itemized statement of any money withheld by the landlord.
Department of Consumer Affairs: California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities http://www.dca.ca.gov/publications/landlordbook or Download the guide (PDF)
Nolo Press Law Center - Landlords & Tenants
www.nolo.com/encyclopedia/lt_ency.htmlLegal Aid Society of San Mateo County's PDF guides: 3-Day Notices | 30 and 60-Day Notices | Eviction Process | Habitability | Lockouts | Rent Increases | Repair and Deduct | Security Deposits
New Security Deposit Law, from TCAA Walk-Through Inspection Process for Landlords and Tenants (PDF)
Landlord and Tenant Information and Referral Collaborative Landlord and Tenant Rights, Responsibilities, and Resources, in San Mateo County (PDF)
Peninsula Conflict Resolution Center, Brochure and Tip Sheet
Legal Aid Society of San Mateo County, www.legalaidsmc.org
800-381-8898La Raza Centro Legal, South San Francisco only , www.lrcl.org
866-4-LARAZA (toll free)Bay Area Legal Aid, San Mateo County Regional Office, www.baylegal.org
650-358-0745Stanford Community Law Clinic, www.law.stanford.edu/clinics/sclc
650-475-0560Community Legal Services in East Palo Alto, www.clsepa.org
650-326-6440
THESE ORGANIZATIONS PROVIDE SERVICES TO TENANTS AND LANDLORDS:
Project Sentinel - Free and confidential services regarding housing discrimination, first-time homebuyers, mortgage default and delinquincy, credit counseling, and below market rate housing availabilities.
www.housing.org
888-FAIR-HOUSING (888-324-7468)Northern California Senior Legal Hotline, www.seniorlegalhotline.org
800-222-1753Lawyer Referral Service, San Mateo County Bar Association - For a nominal fee, the staff arranges an appointment with an attorney, www.smcba.org/community/lrs.htm
650-369-4149San Mateo County Environmental Health's Housing Program inspects and monitors over 5,000 apartments, motels, hotels, mobile home parks, and labor camps and institutions to ensure safe housing conditions. If you have a complaint about habitability (leaking roofs, mold, mildew, plumbing, poor heating, electrical problems, or vermin) you can register your complaint by calling 650-599-1112, or by filling in the Online Complaint Form.
Peninsula Conflict Resolution Center, www.pcrcweb.org
650-513-0330East Palo Alto Rent Stabilization Program - For residents of East Palo Alto
2200 University Avenue, East Palo Alto, CA 94303
650-853-3114Small Claims Mediation Program
www.sanmateocourt.org/director.php?filename=./adr/smallclaims/index.html
This program provides on-site mediation services. If a case settles in mediation, the court will not proceed with the small claims hearing, but rather will note in the court file that the parties reached a mediated settlement.
650-573-3907