What are the Bedroom Laws in California?
In California, it is important to understand the legal requirements of what constitutes a legal bedroom in order to avoid any conflicts with current or future tenants. Current law establishes strict regulations that landlords must follow as far as safety compliance, privacy and overall ability to reside within individual units . These regulations also extend to cities and counties as they dictate how many people can be housed in these spaces. This section provides insight into bedroom laws, including their definitions and elements. This section also explains the impact of violating these laws and general requirements for seeking legal assistance for conflict resolution.
Bedroom Defined
In California, a legal bedroom has some very specific requirements that may not be immediately obvious. Most people consider a legal bedroom as simply having a window, but there is actually a minimum size requirement as well. A legal bedroom must be a habitable space of no less than 70 square feet, and must have a window (an operable opening in the wall of a structure that provides a direct passageway to the outdoors) with a minimum area of three and a half square feet measured from the interior side of the frame. In a two-family dwelling, each bedroom must have a minimum of 120 square feet of floor space. Within a unit of a hotel/motel, a legal bedroom must be a minimum of 120 square feet. If the bedroom is located in a basement it must have at least a 24-foot long horizontal dimension, without any components of the unit encroaching into this space.
In addition to these requirements, the California Department of Health (CDPH) and the California Housing Code, Chapters 12-14 of the California Code of Regulations speaks to the health and safety requirements relating to legal bedrooms. For example: If a room is missing one of these features, that room is not considered a legal bedroom.
Egress Requirements for Bedrooms
All bedrooms must have an emergency escape and rescue opening that provides direct access to the outside of the building without having to go through the house. For a bedroom window, the window will need to be operable from the inside without the use of tools, and must be large enough to let in light and air, and to allow a person to exit the opening and to allow a rescue to take place through the window to that person who is on the outside of the building.
The window must be at least 2.5 square feet. For windows that are required to be large enough for two rescue or escape openings, the total net clear opening must be at least 3.6 square feet. The minimum net clear opening height dimension needs to be at least 24 inches. Then the minimum net clear width dimension must be at least 20 inches. So for a window that is 36 inches wide, the height will just need to exceed 24 inches or vice versa.
For bedroom doors, the door must allow for direct egress to the outside without going through the house and be operable from the inside without the use of tool, will not be blocked by furniture or other obstacles, and will be reasonably accessible from the outside should a rescue have to take place through the door.
Ventilation and Light Requirements
In addition to some of the other requirements for legal bedrooms, California building code imposes natural light and ventilation requirements for bedrooms. Fortunately, these requirements are fairly straightforward. Bedrooms of new residential dwellings built after 1992 are required to have a window or an exterior door leading directly outside to provide natural light and ventilation. (Of course, in most new dwelling construction, the windows and doors will not be leading directly outdoors, but will be leading to a patio or balcony.) The window or door shall have the minimum net glazing area of two square feet. At least half (½) of this required area shall open directly to the outdoors. But, if the window has a minimum net glazed opening area of 1 ½ square feet, then only one-fifth of the glazed area is required to be operable. Thus, for most cases, you can comply by using a window with 1 square foot of net opening that is operable. These requirements can be found in the California Building Code (CBC), Title 24, Part 2. The legal requirement is Section 1207.8, and the CBC has a helpful explanatory chart:
Ceiling Height Requirements
California Building Code Section R305 contains specifications for minimum ceiling heights based on occupancy use. To qualify as a bedroom, a room must be at least 70 inches tall, be not less than 7 feet 6 inches on average, and have an average of not less than 8 feet in width and length over at least 50 percent of the area. Outside of BSRC (Building Standards & Revisions Commission) building areas, at least half of the area of habitable rooms and habitable attics must have a vertical clearance of not less than 7 feet above the floor. The following are examples of acceptable vertical elements: The California Building Code notes, however, that decorations , skylights, friezes, and other persisting elements with a height not more than 6 inches below the required plane may project into the room area. An area with a sloped ceiling may be used as a habitable room provided that the ceiling height is at least 7 feet for three-fourths of the area. Priacy must also be maintained; to this end, sill heights of windows or glazed doors should be at least 42 inches, measured vertically above the adjacent finish floor or ground elevation, to a height of 1 foot beyond either edge of the window or glazed door. This is often missed where the window is set back or angled in corners, or where the door is in a nook or recess.
Closets in Bedrooms Required
Your typical Realtor will show you a bedroom and, based on the closet size, you may be surprised or even indignant that it qualifies as a bedroom. I know that I’ve begged the question when my client is taken aback by the smallish closet: "How do find all that stuff in your bedroom?" Your startling answer might just be a variation of, "I don’t have much stuff." However, the Realtor may try to save face by deferring to the California code that requires bedrooms to have certain amenities.
Code does not require bedrooms, but does require habitable spaces to contain a minimum of 70 square feet in area, with a minimum dimension of 7 feet in any horizontal direction or at least a width equal to its height. Note that bedroom is not among the identified types of habitable space requiring compliance.
The same building code sections also require dwelling units containing habitable spaces to be provided with a closet adjacent to each bedroom. Does that mean the closet must be able to hold the contents of an entire home?
In In Re Marriage of Bartkewitz, a family law case (more on that in a moment), the well-timed witness asked, "Is this a legal bedroom?" The witness then asserted that closet space was required to qualify a room as a legal bedroom. How big does a closet need to be to satisfy this requirement?
Interestingly, as a legal matter, a closet does not even need to exist. See Reyes v. Superior Court (1967) 67 C2d 552. In this case the California Supreme Court made clear that a closet is merely "convenient and desirable, but not indispensable to a room’s being a bedroom." Id. at 555.
Legally speaking, the most important rooms are identified in the Building Code. Here is the list of requirements for those spaces:
In sum, a closet is not an express requirement for every California bedroom or habitable space. In fact, the only legal requirements for a bedroom or a habitable space are:
Now, try to convince your next Realtor that the bedroom really does not need to have a closet.
Enforcement and Penalties
Failure to comply with legal bedroom requirements may lead to enforcement action by the local code enforcement agency and/or action by affected residents or property owners. Enforcement actions may result in cost recovery orders, fines, stop work orders, or even mandatory demolition or other relief.
The judicial remedies available for a violation of a local building or zoning law or ordinance include injunctive relief, writ relief, civil penalties, or abatement.
Daily fines of up to $1000 are allowed for most municipal code violations, which makes a $500,000 fine for 500 days of violation possible for various municipal code violations, such as failure to obtain a permit for work performed, or using a property for an illegal purpose. Fines of $10,000 per day may be assessed for violations of the planning and zoning provisions of the Government Code Sections 65000 et seq., including requirements for permits for the construction or placement of habitable structures on vacant land, or for land use contrary to the local general plan.
If a condition exists that creates an imminent peril to life, property or public health it is a nuisance per se, and without notice a public agency may issue an abatement order requiring the dangerous nuisance to be removed by the owner or others in possession or control of the premises or structures. (Government Code Sec. 38771.) Enforcement actions require notice and a hearing before costs are incurred by the public agency, except where there exists an urgent necessity. (Gov. Code Sec. 38773.)
A record recorded pursuant to an abatement order takes priority over all prior claims, liens or rights against the property, except for special assessments or fees pledged to pay bonds or other indebtedness. (Gov. Code Sec. 38773.3.)
If a violation is willful, the trial court may award any party aggrieved by the willful violation reasonable attorneys’ fees and costs recovered based on the hourly rate of those engaging in similar legal work. (Code Civ. Proc., Sec. 1021.5.). If the willful violation is in bad faith or demonstrated a complete disregard for the law, the court may award the prevailing party up to the amount of any fine imposed for the violation. (Gov. Code Sec. 53069.4.)
Legal Resources
Determining and confirming compliance with California’s legal bedroom requirements can be a complicated and time-consuming process. Fortunately, there are a number of resources available to help homeowners and landlords ensure compliance and to navigate the potential complications that may arise in rental situations.
Renters who believe they may be in an illegal or non-compliant unit or home should reach out to the City’s Department of Building and Safety ("DBS") for information about how to properly resolve the situation. Tenants may also contact the State Building Code of California website for additional information.
For homeowners and landlords seeking legal assistance regarding whether their units are legal and/or compliant with California’s requirements, there are numerous online resources and guides available . For example, the Los Angeles County Department of Regional Planning provides a practical guide to residential development standards.
Additionally, the California Department of Consumer Affairs offers a comprehensive guide entitled "A Guide to Residential Permits" that highlights the different types of California residential permits and clarifies when and how the different permits apply.
Lastly, homeowners and landlords who have further questions about their particular situations or believe they may be facing a dispute with a tenant should consult with an attorney who can offer further legal advice and guidance. Failure to understand the law and received proper guidance leaves homeowners and landlords open to legal liability.