California Elder Laws

calbar.ca.gov, May 11, 2006

Can a landlord turn me down as a tenant because I am a senior?
No. It is illegal for landlords to discriminate against anyone simply because he or she is 62 years old or older. Nor is it legal to discriminate against a prospective home buyer based on his or her age. (California Fair Employment and Housing Act, CC § 51.2; GC § 12955(d))

Can my landlord evict me for any reason at all?

If you have a long-term lease, your landlord cannot evict you during the lease term unless you violate one of the lease provisions, such as failing to pay your rent. With a month to month lease, your landlord, in general, simply needs to give you 30 days’ notice and, in most cities, does not have to give a reason. (CC § 1946) There are, however, exceptions. For example, your landlord cannot evict you in retaliation for filing certain legal complaints. Nor can your landlord discriminate against you based on your age or various other personal characteristics. And if you live in a mobile home park (CC § 798.55) or in a community with a rent control ordinance, it could be more difficult to evict you. If, however, you fail to pay rent, or you destroy or severely damage the property, use it for unlawful purposes (selling drugs), substantially interfere with the rights of other tenants or violate any other provision in the lease agreement, you could receive a written notice to move out in three days.

Can I install grab bars, lower my countertops or make other needed modifications against my landlord’s  objections?
Yes, you have the legal right to do so if you have a medical condition or disability, and the modifications are necessary for your “full enjoyment of the premises.” You may have to promise that you’ll return the apartment to its original state when you move out, but your landlord cannot prohibit such changes. (CC § 54.1) You can file a complaint with the California Department of Fair Employment and Housing or HUD. And for more information on your rights, you could call the Department of Consumer Affairs for a referral to a local tenants rights office or check the department’s Web site for an online list of such offices (see Resources). The Department of Consumer Affairs’ online publication California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities may assist you as well.