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About Landlord & Tenant Law in Campbell, United States

Landlord and tenant law governs the rental of residential and commercial property and defines the rights and responsibilities of both landlords and tenants. In Campbell, California (part of Santa Clara County), these laws are shaped by California state statutes, local ordinances, and federal regulations. The rules cover areas such as rent payments, security deposits, eviction procedures, repair obligations, and protections against discrimination. Understanding these legal requirements is critical to ensuring a stable and lawful rental relationship.

Why You May Need a Lawyer

There are many situations in which seeking legal advice is beneficial or necessary in landlord and tenant matters. These include disputes over unpaid rent, wrongful eviction, disagreements over the condition or repair of the property, issues related to security deposit returns, allegations of housing discrimination, and questions regarding lease agreements or their termination. A lawyer can help clarify your rights, represent you in court, negotiate settlements, and ensure compliance with all applicable laws to avoid costly mistakes.

Local Laws Overview

Landlord and tenant issues in Campbell are governed primarily by California state law, but local ordinances may add further requirements or protections. Key aspects include:

• Security Deposits: California limits security deposits to two months' rent for unfurnished units and three months for furnished units. Landlords must return the deposit within 21 days after the tenant moves out, minus any allowable deductions.
• Rent Control: While Campbell does not have its own rent control ordinance, certain properties may be subject to state rent caps under California’s Tenant Protection Act (AB 1482). This generally limits annual rent increases for some apartments built before January 1, 2005.
• Eviction Rules: Landlords must follow strict legal procedures to evict tenants, providing valid notice and, in many cases, a lawful reason ("just cause")—especially for properties covered by AB 1482.
• Repairs and Maintenance: Landlords are required by California law to keep rental units “habitable,” meaning safe and fit to live in. Tenants may have rights to withhold rent or make repairs if the landlord fails in this duty.
• Anti-Discrimination Protections: Both federal and state laws make it illegal for landlords to discriminate based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, or source of income.
• Notice Requirements: There are detailed rules for how much notice landlords and tenants must give each other regarding ending tenancies, increasing rent, or entering the property.

Frequently Asked Questions

What rights do tenants have if their rental is in need of repair?

Tenants have the right to request repairs necessary to keep the property habitable. If a landlord fails to make essential repairs after being notified, tenants may be able to withhold rent, pay for the repairs and deduct the cost from rent, or even move out without penalty, depending on the circumstances.

How much notice does a landlord need to give before entering my apartment?

In California, a landlord generally must give at least 24 hours’ written notice before entering a rental unit, except in emergencies or if the tenant consents to shorter notice.

Can my landlord evict me without a reason?

If your rental unit is covered by California’s just cause eviction laws (such as those under AB 1482), your landlord must provide a valid, legally recognized reason for eviction. Even where just cause does not apply, proper notice and legal procedures must still be followed.

Are there limits to raising the rent in Campbell?

While Campbell does not have a local rent control ordinance, state law (AB 1482) may limit annual rent increases for certain units. Increases are generally capped at 5% plus the local rate of inflation, up to a maximum of 10%.

How long does a landlord have to return my security deposit?

A landlord must return your security deposit, with a written statement of any deductions, within 21 days after you move out.

What happens if I don't pay my rent on time?

If you are late on rent, your landlord can serve a 3-day notice to pay or quit. If you do not pay within that time, the landlord can begin eviction proceedings. Communication and prompt payment are critical to avoid escalation.

Can a landlord refuse to rent to me based on my source of income?

No. California law prohibits discrimination based on source of income, including housing vouchers (such as Section 8).

What are my options if I believe I'm being discriminated against?

If you believe you have been discriminated against, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD), and you may wish to consult a lawyer.

Is my lease still valid if it’s not in writing?

Oral rental agreements for leases shorter than one year are generally enforceable in California. However, written agreements provide clearer documentation and are recommended.

What are my responsibilities as a tenant?

Tenants must pay rent on time, keep the property clean and in good condition, avoid damaging the premises, respect neighbors, and comply with all terms of the lease or rental agreement.

Additional Resources

Several organizations and governmental bodies offer information and assistance regarding landlord and tenant matters in Campbell and throughout California:

• California Department of Consumer Affairs (DCA): Offers the "California Tenants" guide and other resources.
• Santa Clara County Housing Department: Provides tenant and landlord information for local residents.
• California Department of Fair Employment and Housing (DFEH): Handles housing discrimination complaints.
• Legal Aid Society of Santa Clara County: Offers free or low-cost legal assistance to eligible individuals.
• LawHelpCA.org: A directory of legal aid resources focused on tenants' rights and housing.

Next Steps

If you need legal advice or intervention in a landlord and tenant matter in Campbell:

• Gather all relevant documents (leases, correspondence, payment receipts, notices, photos).
• Clearly identify the legal issue you are facing (e.g., eviction, repair dispute, discrimination).
• Reach out to a local lawyer specializing in landlord-tenant law, or contact a local legal aid organization if you cannot afford an attorney.
• Consider mediation services for non-emergency disputes before pursuing formal legal action.
• If your situation involves health or safety violations, contact the Santa Clara County Housing Department or code enforcement as appropriate.

Seeking timely legal guidance early in the process can help protect your rights, prevent escalation, and achieve a more favorable resolution.