About Landlord & Tenant Law in Daly City, United States
Landlord and tenant law in Daly City, California governs the relationship between property owners renting out residential or commercial properties and the individuals or businesses who lease those properties. These laws are based on California state law, local Daly City ordinances, and, in some cases, federal regulations. The primary goal is to ensure fair treatment for both landlords and tenants while providing a legal framework for resolving disputes over rent, security deposits, repairs, evictions, and other issues related to tenancy.
Why You May Need a Lawyer
Legal challenges can arise during any landlord-tenant relationship. You may need a lawyer if you encounter situations such as:
- Receiving or needing to issue an eviction notice
- Disputes over security deposit returns or deductions
- Problems with rental unit repairs and maintenance
- Alleged violations of your lease agreement
- Unlawful rent increases or disputes about rent control
- Claims of harassment or retaliation
- Fair housing or discrimination issues
- Complex commercial leases
An attorney can help you understand your rights, negotiate with the other party, and represent you in court if necessary.
Local Laws Overview
Daly City is subject to the landlord and tenant laws of California. Key aspects include:
- Rent Control: Daly City currently does not have its own rent control ordinance, but state laws such as California’s Tenant Protection Act may limit certain rent increases and evictions for many properties built before January 1, 2005.
- Just Cause Eviction: Under state law, many rentals require a specific reason, or "just cause," for eviction, such as nonpayment of rent or lease violations.
- Security Deposits: California limits residential security deposits to two months’ rent (three for furnished units). The landlord must return the deposit within 21 days of move-out, minus any legitimate deductions.
- Repair and Habitability: Landlords must keep rental units safe and in good repair, complying with state and local housing codes.
- Notice Requirements: Landlords must provide specific notices before entering the property, raising rent, or terminating the tenancy.
- Anti-Discrimination Laws: Both federal and state laws prohibit housing discrimination based on protected categories such as race, religion, disability, and familial status.
Be aware that some tenant protections may vary based on the type, location, and age of the property, so it is essential to verify your rights.
Frequently Asked Questions
What is the maximum amount a landlord can collect as a security deposit?
In California, a landlord can collect a security deposit of up to two months’ rent for an unfurnished unit and up to three months’ rent for a furnished unit. This applies to most residential properties in Daly City.
How much notice does a landlord need to give before increasing rent?
If the rent increase is 10 percent or less within a 12-month period, a landlord must provide at least 30 days’ written notice. For rent increases of more than 10 percent, at least 90 days’ notice is required.
Can a landlord enter the rental property without notice?
Except in emergencies, a landlord must generally provide at least 24 hours’ written notice before entering a rental unit for repairs or inspections.
How long does a landlord have to return my security deposit?
The landlord must return your security deposit, minus any lawful deductions, within 21 days after you move out.
What is considered a “just cause” eviction under California law?
Just cause includes reasons such as nonpayment of rent, lease violations, nuisance activities, or the landlord’s intention to occupy the property. Some no-fault evictions require relocation assistance.
Are there any rent control laws in Daly City?
Daly City does not have a local rent control ordinance, but many properties are covered by the California Tenant Protection Act, limiting annual rent increases for certain newer and older properties.
What should I do if my landlord refuses to make needed repairs?
You should notify your landlord in writing about the problem. If repairs are not made, tenants may have remedies such as repair and deduct, withholding rent, or contacting local code enforcement.
Can a landlord evict a tenant without a written lease?
Verbal tenancies are legal in California, but landlords must still follow lawful notice and eviction procedures, including stating just cause if required by state law.
What protections do tenants have against discrimination?
It is illegal for landlords to discriminate based on race, color, national origin, religion, sex, disability, familial status, sexual orientation, or other characteristics protected by law.
Do commercial tenants have the same protections as residential tenants?
Commercial leases are generally not covered by the same tenant protections as residential leases, and the terms are mostly governed by the rental contract. Consult a lawyer for details specific to commercial properties.
Additional Resources
If you need more information or assistance, consider the following resources:
- Daly City Code Enforcement: For habitability issues and code violations
- San Mateo County Department of Housing: For local housing programs and information
- California Department of Consumer Affairs: Provides guides to landlord and tenant rights
- Legal Aid Society of San Mateo County: Offers free or low-cost legal help for those who qualify
- California Courts Self-Help Center: For forms and legal guidance on eviction and small claims matters
Next Steps
If you are facing a legal issue related to a landlord or tenant matter in Daly City, consider taking the following steps:
- Review your lease or rental agreement and relevant California laws
- Document any important events, communications, and property conditions
- Communicate with the other party in writing whenever possible
- Contact a local legal aid organization or attorney for a consultation, especially if you are served with an eviction notice or face potential legal action
- If a dispute cannot be resolved informally, consider mediation or, as a last resort, filing a case in the appropriate court
Acting quickly and knowing your rights can help protect your interests whether you are a landlord or tenant in Daly City.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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