Your guide to the tenant rights and laws in Los Angeles

Learn about tenant rights in Los Angeles, including eviction laws, annual rent increases, and security deposits in Los Angeles.

Ivandzhelin

7 minute read
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Updated on 24 Sep 2024
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Renting

Understanding your tenant rights in LA is essential if you're a tenant in LA or about to search for homes for rent in Los Angeles. Some of them will be outlined in your rental agreement, like length of tenancy and amount of rent due. Aside from these, there are other renter’s rights provided by Los Angeles, even if they aren’t included in your contract.

In this guide, we'll cover the ins and outs of tenant laws in LA, rental leases, eviction processes, and security deposits. We’ll also answer some frequently asked questions about renter's rights in Los Angeles.

Tenant rights in Los Angeles

Tenant rights in Los Angeles outline renters’ legal rights and protections. As LA is located in the state of California, some of these laws apply state-wide, and some are specific to the city and county of Los Angeles. The administration and enforcement of these laws are overseen by the Los Angeles Housing Department (LAHD).

Here's a list of the renter's rights in Los Angeles:

Fair housing and safeguards from discrimination

Tenants cannot be refused accommodation based on their age, where they come from, immigration status, ethnicity or religious beliefs, gender identity and sexual orientation, disability, or whether they have children or marital standing.

Protection from harassment

Your landlord can’t can’t retaliate against you for filing a complaint or joining a tenant's association. They are prohibited from engaging in harassment practices, such as terminating your tenancy, raising your rent, refusing repairs, or limiting the availability of services, like heating or hot water.

Habitable housing conditions

According to LA’s tenant's rights, your rented property must comply with California and LA health codes. This covers a list of items the unit needs to have or be secured against, like:

  • Working plumbing
  • Windows or skylights that can be opened and closed
  • Heating and hot water
  • Deadbolts on entrance doors
  • Be vermin, bed bug and pest-free
  • Working gas and electrical installations
  • Smoke detectors
  • Have ceilings, walls, and floors intact

Regarding bed bugs, landlords are obliged to disclose if there has been an infestation in the past year.

Right to privacy

Landlords must provide proper notice before entering a rental unit for inspections or repairs, typically 24 hours in advance. Only in cases of emergency (e.g., fire, flooding or gas leaks) can they enter the property without notice.

Protection against low-income renting discrimination

Landlords can’t deny housing to tenants who are part of housing assistance programs, like Low income housing tax credits, or who get Section 8 vouchers (paying rent with the aid of federal programs).

Right to rent control

Certain rental units in Los Angeles, usually those built before October 1978, have the right to rent control and eviction protection as part of the Rent Stabilization and Tenant Protection Ordinance (RSTPO).

Specifically, LA's Rent Stabilization Ordinance is a law limiting annual rent increases for rent-stabilized units. This is set at 4% in 2024.

If you're unsure, you can check if your rental is rent-controlled on the LA city’s Zimas portal. > To learn more about Tenant harassment protections and how to get assistance in such cases, check out the LAHD’s website.

Tenant responsibilities in Los Angeles

In the state of California, the most common tenant responsibilities are:

  • Keeping the rental property in safe and liveable conditions
  • Making sure you or your guests aren’t disturbing your roommates or neighbors
  • Fixing small repairs, like broken lightbulbs or unclogging the drain
  • Paying rent by the due date on the rental agreement
  • Comply with additional rental agreement clauses

Call the Los Angeles tenant rights hotline at 866-557-7368 if you have any concerns, are in need of housing assistance, or have any additional questions.

Security deposits in Los Angeles

A security deposit is used to ensure that the landlord can cover unpaid rent or any damages caused by the tenant during the tenancy. From 1st July 2024, all security deposits in Los Angeles are equal to 1 months’ rent.

Security deposits are refundable and have to be returned to the tenant within 3 weeks (21 days) of moving out. If repairs are to be made at the end of the tenancy, the landlord has to provide an itemized list of repairs and their costs.

Your landlord can also ask you to pay a pet deposit if you're renting with a pet.

Can I earn interest on my security deposit in LA?

Only tenants of RSO units can earn interest on their deposit if they’ve been renting the place for over 1 year. The current security deposit interest rate in the City of Los Angeles is 0.04%.

Tenants can choose when to receive the interest: during the tenancy, at the end of the lease, or at the end of the landlord’s ownership of the property.

Early termination of the rental lease in Los Angeles

Early termination of a rental agreement is always possible. The process of ending the lease depends on the type of tenancy:

  • Month-to-month rental leases (occupancy without a specific end date): The tenant or the landlord must provide a written notice that the tenancy will be terminated in 30 days. Tenants who have resided at the property for over 1 year are entitled to a 60-day notice by the landlord.

But if the early termination is caused by the property being sold and a new buyer needing to move in, the notice period is 30 days.

  • Fixed-term lease (occupancy with a specified end date): The notice period is agreed upon by the tenant and landlord, but it's typically 30 days. Tenants planning on ending the lease earlier have to consider whether they have a legally valid reason, like an early termination clause or breach of lease by the landlord.

If the tenant doesn't have a legally valid reason, they might have to pay "mitigating damages", which allow the landlord to collect rent from the tenant until the end of the contract period or until the landlord finds a new tenant.

Tenant rights and eviction laws in Los Angeles

Tenants can be evicted only for “at-fault” legal reasons, like unpaid rent, documented lease violations, and criminal activity, or “no-fault” reasons, like the landlord having to move into the rental unit.

The landlord has to provide the tenant with a valid eviction notice regardless of whether the rental agreement is oral or written. The notice period depends on whether the unit is rent-controlled:

  • RSO units: between 30 and 120 days (1–3 months) in most cases. But if the reason for eviction is non-payment of rent, the notice period is 3 days.

  • non-RSO units: 30 days (if the tenant has lived there under 1 year) or 60 days (if the tenant has lived there for over a year). In certain cases of “no-fault” evictions, the tenant may be entitled to relocation assistance from the landlord.

Los Angeles renter’s rights during major repairs

While renting, your place might experience damage because of an earthquake or your washing machine may break. This is why it’s good to know which issues are your responsibility and which are your landlord’s.

Who's responsible for rental repairs in Los Angeles?

Minor repairs and maintenance, such as changing light bulbs or the air conditioner filters, are the responsibility of the tenant.

Major repairs, like structural repairs (plumbing, electricity, leaking roof), repairs due to normal wear and tear, and compliance with the building code are the responsibility of the landlord. In major repairs, the tenant is responsible for informing the landlord.

What to do if my landlord won’t fix things in Los Angeles?

If you’ve informed your landlord about an issue, but they have failed to fix it and are unresponsive, you can report a code violation to the Housing and Community Investment Department (HCID). You can report the violation online, over the phone to the Los Angeles renters' rights hotline ((866) 557-RENT (7368), or in the office of HCID throughout the city.

Make sure to keep all correspondence with your landlord proving that they have been informed but have chosen to ignore the problem.

An HCID inspector will contact you within 72 hours to set up an appointment and assess the situation. If they find that the violation has occurred, they will issue an order to the landlord, giving them 30 days to fix the issue. After the month has passed, the HCID inspector will conduct a re-inspection check to see if the issue is fixed.

Should I stop paying rent if the landlord hasn’t fixed the issue?

The “Repair and Deduct Remedy” outlines that tenants are allowed to partially withhold rent if the landlord fails or refuses to make a significant repair on the property.

Yet, it’s not advisable to stop paying rent as you face eviction for non-payment. You can fix the issue and withhold the necessary amount from next month’s rent. Make sure you’ve informed your landlord before doing so, and keep all the receipts proving how much you’ve spent.

Annual rental increases in Los Angeles

No matter where you’re living, your rent will be subject to increase every year. In Los Angeles, the amount of your annual rental increase depends on what type of property you’re renting.

Rent-controlled properties

Between 1st February 2024 and 30th June 2024, there is a rent increase cap, and landlords can increase rent by 4% annually and add 1% for electricity and 1% for gas if the costs are included. Keep in mind that there are different rent control regulations depending on whether you’re a resident of LA county or the City of Los Angeles. So, it’s best to check the local councils for specific information.

Non-rent controlled buildings

Properties that aren’t rent-controlled don't have a local restriction on the maximum amount and frequency of rent increases. But according to California state laws, rent can be increased only with only 5% plus inflation, or 10%, depending on which amount is lower. This applies to all rental properties aside from:

  • Properties built in the last 15 years (but once the property is 15 years old, the rent increase limitations apply)
  • Student dorms
  • Properties falling under local RSOs
  • Duplexes that the tenant shares with the landlord
  • Mobile homes that aren’t owned by the manager or owner of the mobile home park
  • Residential properties for individual families that aren’t a property of or managed by a corporation
  • Properties receiving governmental subsidies for affordable housing

Should I receive a notice that my landlord is increasing my rent?

Yes, you should. For rental increases below 10%, the landlord is required to give a minimum of 30 days’ notice. Rental increases over 10% of the lowest amount paid in the last 12 months require landlords to give 60-day notice.

This article is for informational purposes only.

Please reach out to content @housinganywhere.com if you have any suggestions or questions about the content on this page. For legal advice or help with specific situations, we recommend you contact the appropriate authorities.

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