Is it legal to rent a basement apartment in California?

Yes, basement apartments are legal if they have the proper permits and follow state and local safety standards. Always verify with your local building department.

What if my basement rental doesn’t have permits?

You still have tenant rights under California law, but may be at risk of needing to move if local authorities require the landlord to vacate the unit.

How can I check if my basement apartment is up to code?

Contact your city or county’s building department for inspection records or to request a building code compliance inspection.

What should I do if repairs aren’t being made?

Submit a written repair request to your landlord. If unresolved, contact city code enforcement or your local health department.

Can my landlord evict me from a basement apartment?

Your landlord must follow California's legal eviction process, including proper notice, as with all rental units.

Basement Apartment Rentals: Key California Laws for Tenants

Special Housing Types & Situations California published June 21, 2025

Looking to rent a basement apartment in California? While these units can be an affordable and unique option, it's important to understand the legal framework that applies to such rentals. Basement apartments have specific state and local requirements regarding safety, habitability, and rental rights. This guide explains the essential California laws and tenant protections every renter should know before moving in or signing a lease.

What Makes a Basement Apartment Legal in California?

Basement apartments, sometimes called accessory dwelling units (ADUs) or 'granny flats,' must comply with both state and local housing laws. In California, a unit is considered legal if it:

Is built with the required permits and passes local building inspections
Meets minimum standards for ventilation, natural light, and escape routes (egress)
Is compliant with California Health and Safety Code requirements for rental housing
Is approved by both your city or county’s planning and building departments

If you’re uncertain whether your potential unit is legal, ask your landlord for documentation or check with the California Building Standards Commission or your local city building department.

Your Rights Under California Law

As a renter of any approved basement apartment, you have the same protections as tenants in regular units under the state's main rental housing legislation: the California Civil Code Section 1940-1954 (Tenant Protections).

Habitability: The landlord must maintain safe, livable conditions, including working heat, plumbing, and smoke/carbon monoxide detectors. Even for a basement unit, the same habitability standards apply.
Privacy: Landlords must provide at least 24 hours' written notice before entering for repairs or inspections, except in emergencies.
Rent Increases: For most basement apartments built before January 1, 2005, statewide rent control applies under the California Tenant Protection Act. Landlords must follow legal limits and provide written notice before increasing rent. Learn more at the California Tenant Protection Act resource page.
No discrimination: Fair housing rules protect against discrimination based on race, gender, disability, family status, or other protected categories.

What If the Basement Apartment Is "Unpermitted"?

Some basement units in California may be rented without building permits. Renting or living in an "illegal" or unpermitted unit poses risks:

The unit may not meet health or safety codes
The local building department could order the unit vacated at any time
Tenants may face eviction if the city requires the landlord to stop renting the unit

However, even if the unit isn’t permitted, you are still recognized as a tenant and have rights under the California Civil Code. You cannot be evicted without following lawful procedure.

Health and Safety Standards for Basement Units

Basement apartments must meet minimum safety standards. Key requirements include:

Proper ventilation and windows for light and egress
Working smoke and carbon monoxide detectors
No standing water or mold hazards
Safe electrical wiring and heating

If you have concerns about conditions, you can file a complaint with your city or county code enforcement office or the California Department of Public Health's Healthy Housing program.

Important Forms and How They Work

30-Day or 60-Day Notice to Terminate Tenancy (Form: No official number)
Landlords must give renters at least 30 days’ written notice (or 60 days if you have lived there one year or longer) to end most month-to-month tenancies. Example: If your landlord needs the basement apartment vacated due to city orders, they must serve this notice properly. Sample Notice from California Courts.
Request for Repair (Written Communication, No official form)
If repairs are needed in your basement unit (like a broken heater), submit a dated written request to your landlord. This protects your rights if you need to file a complaint later. Find guidance via California's Tenant Repair Resources.
Unlawful Detainer (Eviction) Answer (Form UD-105)
If you are served an eviction lawsuit, use Form UD-105 to respond within five days. For example, if the city declares your unit illegal and you face eviction, you must file this answer to avoid a default judgment. Download Form UD-105 and get more information about the process at the California Courts Self-Help site.

Which Agency Handles Rental Disputes?

Rental disputes are handled by the California Superior Court system (for evictions and other legal housing matters). Local housing departments and code enforcement agencies can also assist if you have complaints about apartment safety or legality.

FAQ: Renting a Basement Apartment in California

Is it legal to rent a basement apartment in California?
Yes, if the apartment has permits and meets building, health, and safety standards. Always check local regulations and ask for proof of permits.
What if my basement rental doesn’t have permits?
You still have tenant rights under California law, but you may be at risk if the local authority orders the unit vacated. Contact your local housing department for guidance.
Can my landlord evict me from a basement apartment?
Yes, but your landlord must follow legal eviction procedures and provide the required written notice, as with any California rental.
What should I do if repairs aren’t being made?
Submit a written repair request to your landlord. If the issue continues, contact city code enforcement or local health authorities.
How can I check if my basement apartment is up to code?
Contact your city or county’s building department and request an inspection or records search to verify legality and code compliance.

Summary and Key Takeaways

California basement apartment rentals are legal if permitted and follow safety standards
All renters have basic rights under the California Civil Code, including for unpermitted units
File written requests for repairs and learn about your protections before signing a lease

Staying informed helps protect your rights and ensures a safe and legal home.

Need Help? Resources for Renters

California Department of Public Health – Healthy Housing
California Department of Housing and Community Development: Renter Resources
California Courts Self-Help – Eviction and Tenant Issues
California Civil Rights Department – Housing Discrimination
Your local city or county housing, building, or code enforcement agency