Can I update my rental unit without my landlord’s consent? What California law requires

Angela Rodriguez
·4 min read
2

When it comes to remodeling a California rental property, what guidelines do tenants have to follow?

There are limited circumstances in which a tenant can update the unit without the landlord’s explicit sign off.

Before moving into a rental property, tenants should read their rental agreement lease carefully to understand all of its terms, according to the California Landlord Tenant Guidebook.

“For instance, what does the lease agreement say with respect to modifications/improvements,” Christina Jimenez, a spokesperson for the California Department of Real Estate, wrote in an email to The Sacramento Bee.

Jimenez said a tenant can make improvements to their rental property in the following situations:

When can I make improvements to my California rental unit?

If a tenant sees that something is making the unit “uninhabitable,” they must first inform the landlord and give them “reasonable time,” or 30 days, to address the issue.

Once time has passed and the landlord has not yet made the repair, the tenant can make the repair and deduct the cost from their rent, according to California Civil Code 1942.

“A tenant may make improvements to leased premises that are uninhabitable and deduct the costs of such improvements from their rent,” Jimenez said.

When is a unit deemed uninhabitable?

According to the California Civil Code and Health and Safety Code, a rental unit can be considered uninhabitable if it lacks any of the following standards:

  • Effective waterproofing for the exterior of the unit, including windows and doors.

  • Working plumbing system, including running hot and cold water, furnished with fixtures and connected to a sewage disposal system.

  • Working gas system.

  • Working heating system.

  • An electric system with operable lighting and wiring.

  • Clean and sanitary grounds.

  • Working trash containers.

  • Repaired floors, stairways and railing.

  • A locking mail system for each unit.

Rental units must also provide each of the following to be deemed habitable:

  • A working bathroom with a toilet, sink, and bathtub/shower in a ventilated, private room.

  • A kitchen with a sink that is made of a non-absorbent material.

  • Windows in each room that provide natural lighting and must at least open halfway for ventilation, unless there is a mechanical fan.

  • Safe and clean fire/emergency exits that lead outside the unit.

  • Working deadbolt locks or security devices on main entry doors and windows.

  • Working smoke alarms. Apartment complexes must have smoke detectors in shared stairwells.

  • Working carbon monoxide devices in each unit that includes a burning heater appliance, fireplace, or attached garage.

  • Functioning ventilating equipment.

Can a tenant make an improvement to the unit if something is outdated?

If the rental unit is deemed “habitable” by California law, can a tenant still request an improvement if something is outdated?

Debra Carlton, an executive vice president at the California Apartment Association, said there is no specific law that addresses how a tenant should address improvements to outdated features of a rental unit.

“The tenant’s ability to buy something new or alter the premises is going to be limited by the rental agreement with the exception of repairs,” Carlton said.

When a tenant wishes to make an improvement to the unit, Carlton said the tenant should first contact either the landlord or resident manager. Then, the landlord must approve of the alteration, and both parties can decide who will handle the cost.

“A lot of tenants commonly ask if they can paint, and that is something that has to be agreed upon with the landlord,” Carlton said.

The law allows the landlord to keep all or part of the tenant’s security deposit if the tenant has made an alteration to the unit not previously approved by the landlord or if the unit is not returned to its original state, according to the California Tenants Guide.

Can my landlord raise my rent if the property’s value has increased?

If the landlord feels the property’s value has gone up as a result of an updated alteration, Carlton said there is no law stating whether or not the landlord can raise the rent for the unit.

“Usually landlords will have a schedule for when to increase the rent, because there is a rent cap in California,” Carlton said.

Rent increase could happen for something “more substantial such as a roof repair,” Carlton said.

In California, a landlord can only increase your rent in California once in a 12-month period by 5% plus inflation rate or by 10%, whichever is lower, for units covered by the Tenant Protection Act of 2019.

According to the California Department of Justice, the Tenant Protection Act applies to most rental units. However, some units, including dorms, mobile homes and units built in the past 15 years, are not subject to these rent increase laws.

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