In 2025, California enacted several significant changes to landlord-tenant laws to enhance tenant protections and promote fair housing practices. Here's an overview of the key legislative updates:
1. Security Deposit Regulations (AB 2801): Effective July 1, 2025, landlords are required to:
- Photograph rental units immediately before or at the start of a tenancy.
- Within a reasonable time after a tenant vacates, but before any cleaning or repairs for which deductions will be made, photograph the unit again.
- After completing repairs or cleaning, take additional photographs.
- Provide these photographs, along with itemized statements of deductions, to departing tenants.
Non-compliance prohibits landlords from making claims against the tenant's security deposit.
2. Positive Rental Payment Reporting (AB 2747): Starting April 1, 2025, landlords must offer tenants the option to have their positive rental payment information reported to at least one nationwide consumer reporting agency. This initiative aims to help tenants build their credit histories. Key points include:
- For leases entered into on or after April 1, 2025, the offer must be made at the time of the lease agreement and at least once annually thereafter.
- For existing leases as of January 1, 2025, the offer must be made no later than April 1, 2025, and at least once annually thereafter.
- Landlords may charge tenants a fee to cover actual costs, not exceeding $10 per month, for this service.
This law excludes owners of residential rental buildings with 15 or fewer units, unless certain conditions apply.
3. Regulation of Application Screening Fees (AB 2493): Enacted to ensure fairness in the tenant application process, this law stipulates that landlords or their agents may charge a potential tenant an application screening fee only if:
- They accept applications in the order received.
- They approve the first applicant who meets the established screening criteria.
- The screening criteria are provided to the applicant in writing along with the application.
This measure aims to prevent discrimination and promote transparency in tenant selection.
4. Limitation on Additional Rental Fees (SB 611): Effective April 1, 2025, this law addresses various fees that landlords might charge tenants, often referred to as "junk fees." Key provisions include:
- Landlords must be transparent about the maximum amount a tenant could be charged for certain services.
- Prohibits landlords from imposing fees when tenants deliver legal notices to them and when tenants pay their security deposits by check.
This legislation aims to enhance transparency and fairness in rental agreements.
5. Extended Response Time for Eviction Notices (AB 2347): Starting January 1, 2025, tenants now have a 10-day window to respond to eviction notices, providing them with additional time to address or contest eviction proceedings. 6. Lock Change Protection for Abuse Victims (SB 1051): Effective January 1, 2025, this law enhances protections for tenants who are victims of abuse or violence. Key provisions include:
- Landlords are required to change the locks of a tenant's dwelling unit within 24 hours of receiving a written request, accompanied by appropriate documentation, indicating that the tenant or a member of their household is a victim of domestic violence, sexual assault, or stalking.
- If the landlord fails to change the locks within the specified time frame, the tenant is permitted to change the locks themselves and must notify the landlord within 24 hours, providing a key to the new lock.
- The landlord is responsible for covering the cost of changing the locks. If the tenant incurs the expense, the landlord must reimburse the tenant within 21 days.
- The law also prohibits landlords from denying or terminating a tenancy based on the tenant's status as a victim of abuse or for requesting lock changes under this provision.
This legislation aims to provide timely and necessary security measures for survivors of abuse, ensuring they can feel safe in their homes without undue financial or procedural burdens.
