When Does California’s Security Deposit Cap Start? Here Are 8 New Renter Laws to Know

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Changes involving housing laws will come to California in the new year, but not all of them will go into effect at the same time.

Gov. Gavin Newsom signed bills into law in 2023 that will go into effect throughout 2024, including new eviction laws, a security deposit cap and changes to credit history rules for renters and landlords.

Mike Nemeth, a spokesperson at the California Apartment Association, said lease agreements will be affected by the new laws depending on when laws go into effect and when your lease is signed. “Laws like the security deposit measure — which takes effect in the summer — would only affect new leases since a security deposit wouldn’t be collected on an existing lease,” Nemeth wrote in an email to The Sacramento Bee. Here are new laws California renters should know:

How does new California law limit security deposit costs?

On Oct. 11, Gov. Newsom approved Assembly Bill 12, which will prevent landlords from charging renters two to three times the amount of monthly rent as a security deposit, the bill states.

Renters in California can no longer be asked for a security deposit larger than one month’s rent for leases signed on or after July 1.

Already existing leases will not be affected by this new law.

How do new state laws change evictions?

Two new laws affect how evictions are handled in California. Senate Bill 567 will change the requirements for performing so-called “no fault just cause” tenancy terminations under existing law.

Beginning April 1, landlords will not be able to evict tenants with the hopes of moving in their own family members if there is no other space vacant on the landlord’s property.

If no other space is available, the landlord can lawfully evict a tenant but must prove they are moving in family members within 90 days after the tenant is evicted and that they will occupy the unit for at least one year.

Assembly Bill 1418 will prohibit a local government from having tenants evicted or penalized because of the tenant’s association with suspected criminal activity or other nuisance activity. This new law will go into effect Jan. 1.

Other California renter laws and when they start

CREDIT HISTORY

If someone applying for a lease has a government rental subsidy, such as Section 8, Senate Bill 267 prohibits rental property owners from using an applicant’s credit history to determine their financial eligibility without offering them the opportunity to provide evidence of legal means to pay rent instead.

Under the new law, if the applicant is able to verify that they can afford to pay rent, the landlord is required to consider them during the application process regardless of their credit history.

The bill will go into effect Jan. 1.

SCREENING FEE RECEIPTS

As opposed to hand-delivering or mailing a receipt for a screening fee, Assembly Bill 1764 will allow landlords and people applying to become tenants to use email as long as both parties agree.

This law will go into effect on Jan. 1.

MICROMOBILITY DEVICES

Senate Bill 712 prevents landlords from prohibiting their tenants from owning and charging electronic bikes and scooters in their apartments as long as the batteries comply with safety standards. If the device does not meet these standards, landlords can require the tenant to have insurance for the device and store it outside the unit.

These new regulations will take effect Jan. 1.

DISABILITIES

Assembly Bill 1620 allows local governments that have enacted rent control to maintain the same rent amount if the tenant requests to move to a more ideal or smaller unit due to a permanent disability related to mobility.

If there is no elevator on the floor of the tenant’s current rental unit, the landlord must allow the move as long as the new unit is in the same building, shares the same owner and does not require renovation to comply with California’s Health and Safety Code.

This law will go into effect Jan. 1.

TRESPASS LETTERS

Senate Bill 602 allows property owners to extend a “no trespass” letter from 30 days up to one year or for an amount of time determined by a local jurisdiction.

If a “no trespass” letter is on file, landlords won’t need to go to court to have law enforcement evict an individual who claims to be a legal tenant.

The bill will be effective Jan. 1.

Source: The Sacramento Bee