Rental law questions
Every answer here is a direct link to the government guide or law that decides it, so what you read is the source itself. Bundesen Property Management doesn't interpret the law or give legal advice.
If a source is hard to read, or you cannot find what you need, call 707-762-7777 or email rentals@bundesen.com and we will point you to the right official source. We cannot interpret it or give legal advice.
Applying and signing a lease 15
Can a fee be charged for a rental application?
- California's landlord and tenant guide: the state's plain-language handbook; its applications chapter covers screening fees and holding deposits.
- Civil Code §1950.6: the screening-fee law itself.
What happens when an application is turned down over a credit report?
- California's landlord and tenant guide: plain-language coverage of credit checks in the application process.
- The Fair Credit Reporting Act (§1681m): the federal law on the notices owed after a decision based on a credit report.
Can an applicant be turned away for paying with a housing voucher?
- The California Civil Rights Department's housing page: how source-of-income protection works and where complaints go.
- Government Code §12955: the state law that names source of income among protected characteristics.
What has to be disclosed before a lease is signed?
- California's landlord and tenant guide: its moving-in chapter walks through the statewide disclosure list.
- The federal lead-paint disclosure rule (40 C.F.R. 745, subpart F): disclosure at lease signing for older homes.
What's the difference between a fixed-term lease and a month-to-month agreement?
- California's landlord and tenant guide: its rental-agreement chapter and glossary explain the agreement types.
Can a screening fee be charged when no rental is available?
- Civil Code §1950.6: the screening-fee law addresses unit availability directly.
Does paying a screening fee come with a receipt or a copy of the report?
- Civil Code §1950.6: the law's provisions on receipts and applicant copies of reports.
How do holding deposits work before a lease is signed?
- California's landlord and tenant guide: its applications chapter covers holding deposits in plain language.
Does information about flood risk come with a rental agreement?
- California's landlord and tenant guide: its landlord-disclosures chapter includes a flood-hazard section.
- Government Code §8589.45: the flood-hazard disclosure section for residential rentals.
Is renting a room inside someone's home the same as renting a whole house?
- California's landlord and tenant guide: its opening chapter covers who counts as a landlord or a tenant, with a section on lodgers, hotel and motel stays, residential hotels, and transitional housing.
- Civil Code §1946.5: the section covering a lodger who rents a room in a home the owner lives in.
How does a criminal record factor into a rental application?
- California's fair housing and criminal history fact sheet: the state civil rights agency's plain-language sheet on criminal history in housing decisions (PDF).
- California's landlord and tenant guide: its chapter on looking for a rental covers the screening process, including criminal history.
- California's fair housing regulations as adopted in 2019: its Article 24 covers the use of criminal history information in housing (PDF).
What rules cover companies that charge a fee for rental listings?
- California's landlord and tenant guide: its chapter on looking for a rental covers prepaid rental listing services.
- the state real estate department's prepaid rental listing service page: the licensing program covering these businesses.
- Business and Professions Code §10167.9: the section on contracts between these services and prospective tenants.
What happens when a rental agreement is negotiated in a language other than English?
- California's landlord and tenant guide: its chapter on agreeing to rent covers translated rental agreements.
- Civil Code §1632: the section on contracts negotiated in certain languages, including rental agreements.
Does a rental agreement have to be in writing?
- California's landlord and tenant guide: its chapter on agreeing to rent covers written and oral rental agreements.
- Civil Code §1624: California's statute of frauds section, which covers leases among other contracts.
Can smoking be restricted in a rental home?
- Civil Code §1947.5: the section on no-smoking policies in residential rentals and how they reach an existing tenancy.
- Civil Code §827: the general law on changing the terms of a periodic tenancy.
Rent and payments 13
Is there a statewide limit on rent increases?
- California's landlord and tenant guide: plain-language coverage of rent increases and the notices that go with them.
- Civil Code §1947.12: the statewide rent-increase law: limits, exemptions, and notices.
What notice comes before a rent increase?
- California's landlord and tenant guide: how rent-increase notices work, in plain language.
- Civil Code §827: the notice-and-delivery law for rent changes.
- Petaluma Municipal Code §6.60.040: the City's added notice rules for rentals inside Petaluma, hosted by the city's contracted code publisher.
Can a late fee be charged when rent is paid late?
- California's landlord and tenant guide: its rent chapter includes a section on late fees and dishonored check fees.
- Civil Code §1671: the Civil Code section on damages agreed to in advance, which reaches leases of a dwelling.
Can rent be required in cash, or paid electronically?
- Civil Code §1947.3: California's law on payment forms, third-party payments, and dishonored checks.
Which homes are exempt from the statewide rent-increase limit?
- Civil Code §1947.12: the exemptions are listed in the rent-increase law itself.
- California's landlord and tenant guide: plain-language coverage of rent increases.
What happens when a rent check bounces?
- Civil Code §1947.3: the payment-forms law, including its cash-payment rules after a dishonored check.
- Civil Code §1719: the section on service charges for a check returned for insufficient funds.
Can on-time rent payments count toward a credit history?
- Civil Code §1954.07: California's rent-reporting law: opting in and out, fees, and interruptions.
What rent rules apply to mobilehome parks in Petaluma or Sonoma?
- Petaluma's tenant rights and protections page: the City's own overview of its rental programs.
- Petaluma Municipal Code chapter 6.50: the mobilehome space-rent stabilization program itself, hosted by the city's contracted code publisher.
- HCD: Your rights as a mobilehome park resident: the state housing department's plain-language page for park residents.
- Sonoma's Mobilehome Park Rent Control page: the City of Sonoma's own program page.
- Sonoma Municipal Code Chapter 9.80: the space-rent protection chapter itself, hosted by the city's contracted code publisher.
How does it work when water is billed separately from rent?
- California's landlord and tenant guide: its rental-agreement chapter covers water meters, submeters, and utility billing.
- Civil Code §1954.204: the section on written disclosure before a lease where a rental has a water submeter.
- Civil Code §1954.201: the opening section of California's water-submetering article.
What happens when internet service is bundled into a rental?
- Civil Code §1942.8: the section on third-party internet subscriptions offered in connection with a tenancy.
What rules apply to rent increases after a declared emergency such as a wildfire?
- the California Attorney General's price gouging page: the state's plain-language guide to pricing during declared emergencies, including rental housing.
- Penal Code §396: the price gouging law itself.
What happens when only part of the rent is paid?
- California's landlord and tenant guide: its chapter on living in the rental covers partial rent payments.
- the California courts' guide to eviction defenses: it covers partial rent payments in the setting of a pay-or-quit notice.
Security deposits 7
Is there a limit on the size of a security deposit?
- The California Courts' security-deposit guide: the courts' plain-language walkthrough of deposit rules.
- Civil Code §1950.5: the deposit law itself, including amount limits.
When does a security deposit come back after moving out?
- The California Courts' security-deposit guide: return timing, accounting, and what to do at each step.
- Civil Code §1950.5: the law on itemized accounting and return.
What can be deducted from a security deposit?
- The California Courts' security-deposit guide: deductions and itemized accounting, in plain language.
- Civil Code §1950.5: the deduction rules in the law's own words.
Can there be a walkthrough inspection before move-out?
- The California Courts' security-deposit guide: how the pre-move-out inspection works.
- Civil Code §1950.5: the inspection provisions in the deposit law.
Where do security-deposit disputes get decided?
- The California Courts' security-deposit guide: demand letters and small-claims steps, start to finish.
- Code of Civil Procedure §116.221: the small-claims court jurisdiction law.
What documentation comes with deposit deductions?
- The California Courts' security-deposit guide: the accounting and letters that go with deductions, in plain language.
- Civil Code §1950.5: the itemized-accounting provisions in the deposit law.
Is last month's rent treated the same as a security deposit?
- California's landlord and tenant guide: its moving-out chapter includes a section on advance payment of last month's rent.
- Civil Code §1950.5: the security-deposit law itself.
Repairs, safety, and entry 19
What counts as a livable rental home under the law?
- Civil Code §1941.1: the state's own checklist: plumbing, heat, wiring, weatherproofing, sanitation, locks.
- California's landlord and tenant guide: its repairs-and-habitability chapter, in plain language.
What can be done when needed repairs aren't happening?
- California's landlord and tenant guide: its resolving-problems chapter lays out the lawful paths.
- Civil Code §1942: the law on remedies for serious repair problems, with its limits and exceptions.
When can a landlord enter an occupied home?
- California's landlord and tenant guide: plain-language coverage of entry and the notices that go with it.
- Civil Code §1954: the entry law: purposes, notice, timing, showings, and emergencies.
What happens when there is mold in a rental home?
- California's landlord and tenant guide: its repairs and habitability chapter covers mold conditions in a rental.
- Health and Safety Code §17920.3: the substandard building list, which names dampness and visible mold growth.
Who takes care of smoke alarms and carbon monoxide alarms in a rental?
- California's landlord and tenant guide: its repairs and habitability chapter covers safety devices in rental units.
- Health and Safety Code §13113.7: the state's smoke alarm law as it reaches rental property.
- Health and Safety Code §17926: the carbon monoxide device law for dwelling units.
Does a rental home come with a refrigerator or other appliances?
- Civil Code §1941.1: the state's habitability list, in the law's own words. Its stove and refrigerator paragraphs cover leases entered into, amended, or extended on or after January 1, 2026, along with their exceptions.
- California's landlord and tenant guide: its repairs chapter discusses other appliances such as washing machines. It was written before the 2026 stove and refrigerator paragraphs above.
Who takes care of a broken appliance that came with the home?
- Civil Code §1941.1: the state's habitability list. Its 2026 stove and refrigerator paragraphs describe keeping those appliances in good working order.
- California's landlord and tenant guide: its section on responsibility for other kinds of repairs covers other appliances supplied with a rental.
What happens when an amenity like a washer or parking spot is taken away?
- California's landlord and tenant guide: the same repairs chapter covers agreements about amenities and what happens to them.
Can the home be shown to buyers or new renters while someone still lives there?
- California's landlord and tenant guide: plain-language coverage of entry and notices.
- Civil Code §1954: the entry law's provisions on showings.
Can locks be changed or utilities shut off to force a move-out?
- The California Courts' landlord-tenant self-help center: the lawful process for ending a tenancy, step by step.
- Civil Code §789.3: the law on lockouts, utility interruption, and property removal.
What protections exist after someone reports a problem or exercises a right?
- Civil Code §1942.5: California's retaliation law: covered actions, remedies, and defenses.
What protections cover threats to report someone's immigration status?
- Civil Code §1942.5: the retaliation law's provisions on immigration-related reporting.
Are balconies, decks, and stairways subject to required inspections?
- Health and Safety Code §17973: California's inspection law for balconies, decks, and walkways at apartment buildings.
What rules apply to renovations that might disturb lead paint?
- The federal renovation, repair, and painting rule (40 C.F.R. 745, subpart E): training, certification, and work practices for older buildings.
What notice comes before a pest control treatment at a rental?
- California's landlord and tenant guide: its landlord-disclosures section covers periodic pest control treatments.
- Civil Code §1940.8: the section on passing the pest control company's notice to tenants.
- Business and Professions Code §8538: the notice a registered structural pest control company gives to owners and tenants.
What rules apply to towing a vehicle from a rental property?
- Vehicle Code §22658: the section on removing vehicles from private property, with provisions written for residential rentals.
Can a resident install an electric-vehicle charging station?
- Civil Code §1947.6: the section on charging-station installations in rental dwellings.
Do water-conservation standards apply to plumbing fixtures in a rental?
- Civil Code §1101.5: the water-conserving fixture section for multifamily and commercial property.
- Civil Code §1101.4: the single-family counterpart, tied to building alterations and improvements.
What happens when bed bugs turn up in a rental?
- California's landlord and tenant guide: its chapter on deciding to rent covers bed bug notices and inspections.
- Civil Code §1954.605: part of the Civil Code's bed bug chapter, covering inspection findings.
- Civil Code §1954.603: the bed bug notice that goes with a new tenancy.
Fair housing and equal treatment 12
Which kinds of housing discrimination are against the law?
- The California Civil Rights Department's housing page: the protected characteristics and the state's housing guides.
- The federal Fair Housing Act: the nationwide law.
- Government Code §12955: California's own, broader list.
How is a housing-discrimination complaint filed?
- The California Civil Rights Department: the state's complaint process, start to finish.
- HUD's fair-housing page: the federal complaint intake.
- Petaluma People Services Center: free local counseling and complaint help.
What are the rules for service and support animals?
- The California Civil Rights Department's housing page: accommodations, including assistance animals, in plain language.
- California's fair-housing regulations as adopted in 2019 (Title 2, §12185): the detailed rules on assistance animals, documentation, and fees.
Can pet rent or a pet deposit be charged for an assistance animal?
- The California Civil Rights Department's housing page: accommodations and assistance animals, in plain language.
- California's fair-housing regulations as adopted in 2019 (Title 2, §12185): the assistance-animal rules address fees directly.
How do disability-related accommodations or home modifications work?
- The California Civil Rights Department's housing page: how accommodation requests work and where to turn.
- The Fair Housing Act (§3604): the federal provisions on modifications and accommodations.
What rules cover rental advertising and the questions applicants can be asked?
- The California Civil Rights Department's housing page: the state's housing guides on discrimination.
- Government Code §12955: its provisions reach inquiries and advertising.
Are families with children protected in renting?
- The California Civil Rights Department's housing page: familial status is among the protected characteristics explained there.
- The Fair Housing Act's definitions (§3602): including familial status, in the law's own words.
Can military orders end a lease early?
- The DOJ's Servicemembers and Veterans Initiative: military housing rights and how to report a violation.
- The Servicemembers Civil Relief Act (§3955): the lease-termination provisions for covered orders.
Can a survivor of domestic violence or abuse end a lease early?
- Civil Code §1946.7: California's early-termination law for survivors: documentation, notice, and confidentiality.
- The federal protections (34 U.S.C. §12491): for covered federal housing programs.
What counts as sexual harassment in housing?
- the Civil Rights Department's fact sheet on sexual harassment and housing: a plain-language overview for renters and housing providers.
- Civil Code §51.9: the section listing the relationships a sexual harassment claim can cover, housing among them.
Can a licensed family child care home operate in a rental?
- the Civil Rights Department's fact sheet for child care providers: a plain-language overview of fair housing and licensed family child care homes.
- Health and Safety Code §1597.41: the section covering family daycare homes in rental property, notice to the owner, and the security deposit.
Can locks be changed after abuse, violence, or a restraining order?
- Civil Code §1941.5: the section on lock changes for a tenant affected by abuse or violence.
- Civil Code §1941.6: the companion section for when the restrained person lives in the same home.
Moving out, notices, and eviction 16
What happens after an eviction notice or court papers arrive?often time-sensitive
- The California Courts' landlord-tenant self-help center: notices, forms, filing, response, and trial, for both sides.
- Code of Civil Procedure §1167: the law governing response timing in eviction cases.
- Free or low-cost legal help: the courts' directory of legal aid and self-help centers.
What notice ends a month-to-month tenancy?
- California's landlord and tenant guide: its moving-out chapter covers termination notices in plain language.
- Civil Code §1946.1: the notice law for periodic tenancies.
- Civil Code §1946: the companion section on notice to end a periodic tenancy, including notice given by a tenant.
When is a specific reason needed to end a tenancy?
- Civil Code §1946.2: California's just-cause law: covered tenancies, causes, and exemptions.
- Petaluma's guide to tenant protections: the City's plain-language version of its own, stricter rules.
- Petaluma Municipal Code §6.60.050: the City's termination provisions, hosted by the city's contracted code publisher.
What happens when a renter moves out before a fixed-term lease ends?
- Civil Code §1951.2: the code section covering a lease that ends before its term is up.
- Civil Code §1951.4: the companion section it cross-references.
What happens to a lease and deposit when the property is sold?
- California's landlord and tenant guide: plain-language coverage of agreements, deposits, and notices through a sale.
- Civil Code §1946.1: the notice law, including its sale-related provisions.
- Civil Code §1950.5: what happens to the deposit when ownership changes.
Can an owner end a tenancy to move in themselves or to remodel?
- Civil Code §1946.2: the state just-cause law's at-fault and no-fault causes.
- Petaluma's guide to tenant protections: the City's plain-language version of its own rules.
- Petaluma Municipal Code §6.60.050: the City's provisions on owner occupancy, rental withdrawal, and substantial remodeling, hosted by the city's contracted code publisher.
When a tenancy ends through no fault of the tenant, does relocation assistance apply?
- Petaluma's guide to tenant protections: relocation assistance in the City, in plain language.
- Petaluma Municipal Code §6.60.080: the City's relocation-assistance rules, hosted by the city's contracted code publisher.
- Civil Code §1946.2: the state law's relocation provisions.
What happens to belongings left behind after a move-out?
- California's landlord and tenant guide: its moving-out chapter, in plain language.
- Civil Code §1946.1: includes the abandoned-property notice provisions.
- Civil Code §1983: the section on the notice a landlord gives about personal property left behind.
Where are the official court forms for an eviction case?
- The California Courts' landlord-tenant self-help center: the official forms for each step, for both sides.
What extra notices apply to rentals inside Petaluma city limits?
- Petaluma's tenant-protection details page: which notices apply, when, and the City's forms.
- Petaluma Municipal Code §6.60.040: the Notice of Tenant Rights rule itself, hosted by the city's contracted code publisher.
- The City's landlord resource page: the forms and instructions in one place.
What happens to a lease when the rental home is destroyed by a fire or other disaster?
- Civil Code §1933: the general law on how the hiring of property comes to an end, including destruction.
- Civil Code §1932: the companion section on ending a hiring before the end of the agreed term.
What happens to a tenancy when the property goes through foreclosure?
- the California courts' guide to tenants' rights in a foreclosure: a plain-language overview for renters in a property being foreclosed.
- Code of Civil Procedure §1161b: the section covering tenants in possession when a property sells in foreclosure.
Who can see the court file in an eviction case?
- California Courts' guide to looking up a court case: its court-basics section covers finding a case file, including eviction cases.
- Code of Civil Procedure §1161.2: the eviction case-record access law itself.
What happens to a rental agreement when the tenant dies?
- California's landlord and tenant guide: its moving-out chapter includes a section on a tenant's death.
- Civil Code §1934: the code section covering death or incapacity of a party to a hiring.
What happens to renters when a building is converted to condominiums?
- California's landlord and tenant guide: its chapter on dealing with problems includes a section on condominium conversions.
- Government Code §66427.1: the subdivision-map section covering conversion projects and their tenants.
What notice do renters get when an owner applies to demolish a building?
- California's landlord and tenant guide: its chapter on dealing with problems includes a section on demolition of a dwelling.
- Civil Code §1940.6: the law on notices about planned demolition.
Local rules and getting help 21
Do Petaluma's tenant protections cover a particular rental?
- Petaluma's guide to tenant protections: who the ordinance covers, in the City's own plain language.
- Petaluma Municipal Code §6.60.030: the applicability section, with its exceptions, hosted by the city's contracted code publisher.
Where can someone get free or low-cost help with a housing problem?
- The California Courts' legal-help directory: legal aid, self-help centers, and lawyer referral.
- Petaluma People Services Center: free local housing counseling.
- Petaluma's Housing Department: the City's housing contacts.
- Legal Aid of Sonoma County: free help for income-qualifying tenants across Sonoma County.
Who runs the housing voucher program in Sonoma County?
- Sonoma County's housing authority: the county division that runs the Housing Choice Voucher (Section 8) program.
- its rental assistance wait list page: the applicants section of the same authority.
- its property owners and managers page: the same authority's section for owners and managers.
- Santa Rosa's rental assistance page: the City of Santa Rosa runs its own voucher program inside city limits.
Where are the rental rules for nearby cities and Sonoma County?
- Sonoma County's tenant-protections page: for homes in unincorporated areas.
- Novato's tenant-protections overview: the City's page for its 2026 ordinance.
- Santa Rosa's city code: hosted by the city's contracted code publisher.
- Rohnert Park's municipal code: hosted by the city's contracted code publisher.
- Sonoma's city regulations: hosted by the city's contracted code publisher.
- Vacaville's municipal code: hosted by the city's contracted code publisher.
Do rentals in unincorporated Marin County have their own protections?
- Marin County's just-cause page: the county's own explanation, with its jurisdiction look-up tool.
- Marin County Code Chapter 5.100: the ordinance itself, hosted by the city's contracted code publisher.
- the Renting in Marin hub: rent increases, mediation, and housing help in one place.
Is there a mediation program for larger rent increases in Marin?
- Marin County's Mandatory Mediation page: the program's own page, which names the participating jurisdictions.
- Marin County Code Chapter 5.95: the dispute-resolution chapter itself, hosted by the city's contracted code publisher.
Does Novato have its own tenant protections?
- Novato's Tenant Protections Ordinance page: the City's own page, with notices, forms, and a comparison chart.
- Ordinance No. 1731: the ordinance text itself (PDF).
Where are San Rafael's rental rules?
- San Rafael's Cause for Eviction page: the City's own explanation, with its forms and guidelines.
- San Rafael Municipal Code Chapter 10.105: the eviction chapter itself, hosted by the city's contracted code publisher.
- San Rafael Municipal Code Chapter 10.100: the rental-dispute-resolution chapter itself, hosted by the city's contracted code publisher.
Does Fairfax have its own rent limits or eviction rules?
- Fairfax's Renter Protections page: the Town's account of the November 2024 ballot measure and where its rules now come from.
- Civil Code §1946.2: the statewide just-cause law.
- Civil Code §1947.12: the statewide rent-increase law.
Who runs the housing voucher program in Marin County?
- The Marin Housing Authority: the agency that runs the Housing Choice Voucher (Section 8) program in Marin.
Who runs the housing voucher program in Vacaville and Solano County?
- Vacaville Housing and Community Services' voucher pages: the city office that administers the program, including for the Solano County Housing Authority.
Where are the rental rules and local help for Vacaville and Solano County?
- Vacaville's municipal code: hosted by the city's contracted code publisher.
- Legal Services of Northern California's Solano office: free civil legal help for income-qualifying Solano County residents.
Can a rented home be listed as a short-term or vacation rental?
- California's landlord and tenant guide: its chapter on living in the rental covers subleases, assignments, and short-term rental use.
- Petaluma Implementing Zoning Ordinance §7.110: the city's zoning section on short-term vacation rentals, hosted by the city's contracted code publisher.
How are Petaluma's rental rules enforced?
- Petaluma's Housing Department: the City office behind the tenant-protection program.
- Petaluma Municipal Code §6.60.100: remedies, penalties, and enforcement in the ordinance, hosted by the city's contracted code publisher.
Do homes outside city limits have their own tenant protections?
- Sonoma County's tenant-protections page: the County's rules for unincorporated areas, with notices, forms, and relocation information.
- the County's get-help directory: its own list of legal-help organizations.
Where does official evacuation and disaster-recovery information for Sonoma County come from?
- Sonoma County's Department of Emergency Management: the county department for emergency preparedness, response, and recovery.
- DisasterAssistance.gov: the federal site for applying for assistance after a declared disaster.
Does managing a rental for an owner call for a real estate license?
- The state's license lookup: the Department of Real Estate's public search for licensees and companies.
- Business and Professions Code §10131: the section defining real estate broker activity, including renting and collecting rent for others.
- Business and Professions Code §10131.01: the companion section on exemptions, including resident managers.
Does renting out a home in Petaluma call for a business license?
- the City of Petaluma's business license and tax page: the city's information on business licensing and the business tax certificate.
Is there a way to settle a landlord-tenant disagreement without going to court?
- California Courts' guide to mediation in eviction cases: its self-help section covers how mediation works and how to get ready for it.
- California's landlord and tenant guide: its chapter on resolving landlord-tenant problems covers mediation and arbitration.
Is there help with court fees for someone who can't afford them?
- California Courts' guide to asking for a fee waiver: its self-help section covers the request and the forms involved.
- Government Code §68631: the initial fee-waiver law itself.
Can a renter invite someone in to talk about tenant rights?
- California's landlord and tenant guide: its chapter on dealing with problems includes a tenant-information section on visitors invited by an occupant.
- Civil Code §1942.6: the invited-visitor trespass law itself.
About these links. Links checked August 12, 2026. This page locates published laws, government guides, forms, and agency contacts for common rental questions. Guide links are the publishing government's own explanation of the law, not ours; each is paired with the official text it explains. The page does not provide legal advice, summarize a legal rule, or evaluate a situation. Read the linked material for its published text. Consult a qualified California attorney for advice about a specific situation.
Keeping up with all of this yourself? We manage rental homes across the North Bay, with full property management or tenant placement. See Owner Services.