What are the laws governing tenant screening and eviction?

In California, tenant screening and eviction laws are governed by the California Civil Code. Landlords must use a written rental or lease agreement and provide a copy to the tenant when renting a property. Prior to accepting a tenant, landlords are required to perform a background check and a credit check. A landlord may not reject a tenant solely based on race, gender, or any other protected class. Landlords must also provide potential tenants with copies of any tenant screening policies and procedures. Eviction laws in California require that a landlord provide a tenant with a written three-day “Pay Rent or Quit” notice and an additional 30-day notice if the tenant has resided in the rental unit for less than a year. If a tenant has resided in the unit more than one year, the landlord must provide the tenant with a 60- day eviction notice. If a tenant fails to pay rent or violates the terms and conditions of the lease, a landlord may be able to evict the tenant without notice and without a court hearing. In the event a landlord does proceed to court for an eviction, the judge may award up to one year’s rent to the landlord in damages. Landlords must follow strict laws and regulations when screening tenants and evicting tenants in California. When these laws are not followed, a tenant may be able to file a lawsuit against the landlord.

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