California Landlord Tenant Rights

Last Updated: October 8, 2025 by Rukshani Lye

California landlord-tenant laws provide clear rules for both property owners and renters. The guidelines encompass a range of topics, including lease agreements, property access, repair obligations, rent limits, and eviction procedures. Understanding these laws helps tenants know their protections and landlords stay compliant, reducing the risk of costly disputes arising in the future.

Note: Rights described by law cannot be waived regardless of what the rental agreement says, unless the law provides a specific exception.

Landlord Responsibilities in California 

State law imposes clear obligations on landlords in California to ensure that rental housing is safe and habitable (CA Health & Safety Code § 17920.3). These duties come from the state’s implied warranty of habitability.

At a minimum, landlords must:

• Provide reliable plumbing, heating, and hot water.
• Ensure electrical systems and lighting are safe and functional.
• Weatherproof the unit, including working windows and doors.
• Supply adequate garbage bins, safe stairways, and common areas.
• Maintain adequate ventilation and reasonable protection against mold.
• Install smoke detectors in every unit and carbon monoxide detectors where required.
• Keep the property free of vermin and pests.

Landlords must also make timely repairs when problems pose a threat to the health or safety of tenants.

Renter’s Rights for Repairs in California 

Tenants have the right to request repairs when something essential breaks or creates unsafe living conditions. If a landlord ignores repair requests, California law gives renters specific remedies:

Repair and deduct: Tenants may pay for a necessary repair and subtract the cost from rent, up to two times per year, with each repair capped at 1 month’s rent (CA Civ Code § 1942(a)).

Rent withholding: In some cases, tenants may withhold rent until the landlord completes the repair. However, they should take this step cautiously and with the guidance of legal advice (CA Civ Code § 1942(a)).

Reporting to authorities: Tenants may contact local building or health inspectors to enforce code compliance.

Legal action: Tenants may sue in small claims court for damages or seek a court order requiring repairs.

Tenants should submit repair requests to their landlords in writing and retain copies of all communications. Having documentation can be critical if a dispute escalates.

California landlords may only evict tenants for legally recognized reasons, often referred to as “just cause” (AB 1482). State law sets specific procedures depending on the type of violation (CA Civ. Code § 1161).

Landlords in California may evict tenants for the following reasons:

Nonpayment of rent: If a tenant fails to pay rent by the due date, the landlord may serve a 3-Day Notice to Pay or Quit. If rent is still not paid after 3 days, the landlord can file an unlawful detainer lawsuit to begin the eviction process.

Lease violations: For lease violations such as keeping unauthorized pets or subletting without permission, the landlord may issue a 3-Day Notice to Cure or Quit. If the tenant fails to rectify the problem within the specified notice period, the landlord may initiate eviction proceedings.

End of lease or no lease: If a tenant remains in the property after a rental term expires, the landlord may proceed with eviction.

• Month-to-month tenants: A 30-day notice is required if the tenant has lived in the unit for less than 1 year, and a 60-day notice if they have lived there 1 year or longer.
• Fixed-term leases: Landlords generally do not need to give additional notice once the lease expires, unless otherwise specified.
• Employment-related: If the tenant’s job includes housing and the tenant loses or quits the job, the landlord may not need to provide additional notice.

Foreclosure: If a foreclosure occurs on the rental property, the new owner must provide tenants with a 90-Day Notice to Quit before requiring them to vacate.

Illegal acts: If a landlord has documentation of illegal activity in the unit, they may issue a 3-Day Unconditional Notice to Quit (Cal. Civ. Code § 3486(a)&(c)). California law does not define every illegal act that qualifies, but examples may include drug activity or violence on the property.

It is illegal for landlords to use self-help eviction methods, like changing locks or shutting off utilities, to force tenants out. They also cannot charge tenants fees for issuing termination notices (CA Civ. Code § 1946.1(i)). Formal eviction always requires going through the courts.

Important note: Many California rental properties are subject to federal law, which requires at least 30 days’ notice before eviction for nonpayment of rent or other charges. The protection originated under the federal CARES Act and still applies to covered properties.

Landlord Retaliation in California

California law prohibits landlords from retaliating against tenants who exercise their legal rights (Civ. Code § 1942.5). The law presumes retaliation when a landlord takes negative actions, such as raising the rent, reducing services, or threatening eviction, after a tenant has:

• Reported health or safety violations to government authorities.
• Requested repairs under the warranty of habitability.
• Joined a tenants’ rights organization or union.

If proven, retaliation can serve as a defense for tenants in eviction proceedings, and landlords may be liable for damages.

Security Deposits in California 

California places strict rules on the collection, holding, and return of security deposits (Civ. Code § 1950.5).

Collections and Holdings

Maximum amounts: Landlords can collect up to 2 months’ rent for unfurnished units and 3 months’ rent for furnished units (Civ. Code § 1950.5).

Notable exceptions: Certain small-scale landlords and servicemember tenants may be subject to different rules. For example, landlords may be able to collect an additional deposit from servicemembers with poor credit or housing history under limited circumstances (Civ. Code § 1950.5(4)(1)).

Inventory requirement: Landlords are not required to document the rental unit’s condition at move-in to collect a deposit, although many do so to avoid disputes.

Interest requirement: California state law does not require landlords to pay tenants interest on security deposits. However, some local ordinances, such as those in San Francisco, Oakland, and Berkeley, require landlords to pay annual interest.

Returns and Deductions

Allowable deductions: Landlords may deduct for unpaid rent, damages beyond normal wear and tear, cleaning costs, and reasonable expenses needed to restore the unit to its original condition.

Tenant inspection right: Before moving out, tenants may request an initial inspection, which allows them to correct issues and maximize the refund of their deposit.

Time limit for return: Landlords must return security deposits within 21 days after the tenant moves out, along with an itemized list of deductions. Include receipts for repairs if deductions exceed $125 (Civ. Code § 1950.5(4)(A)).

Penalties for late return: If a landlord wrongfully withholds or fails to return a deposit on time, tenants may sue for up to twice the amount of the deposit in small claims court.

Lease Termination in California

Tenants and landlords in California are required to follow specific rules when terminating a lease. The required notice will depend on the type of rental agreement and whether the tenant is ending the lease early.

Notice Requirements

Tenants on a periodic lease (such as month-to-month) must provide written notice before moving out. The notice period depends on how often the tenant pays rent:

Rent Payment Frequency	Notice Needed
Week-to-Week	7 Days
Month-to-Month	30 Days (or 60 days if tenancy is over 1 year)
Quarter-to-Quarter	No specific statute
Year-to-Year	No specific statute

Early Termination

California tenants may legally end a lease early under certain circumstances, including:

• Early termination clause: A clause in the lease that allows for early exit under specific conditions.
• Active military duty: Under the federal Servicemembers Civil Relief Act (SCRA), servicemembers may terminate a lease when called to active duty.
• Uninhabitable conditions: If the unit violates the state’s habitability standards, and the landlord fails to fix the issues.
• Landlord harassment or privacy violations: If the landlord engages in harassment, unlawful entry, or other serious violations.

In other cases, tenants who break a lease early may still be liable for rent through the end of the lease term.

Cost of Breaking a Lease in California 

When a tenant breaks a lease early, California law requires landlords to mitigate damages by making reasonable efforts to re-rent the unit (Civ. Code § 1951.2). Once a new renter moves in, the original tenant is no longer responsible for the remaining rent.

While landlords can deduct unpaid rent or repair costs that exceed normal wear and tear, they cannot retain the entire security deposit simply because the tenant breached the lease. Landlords must return any remaining balance within 21 days.

Some lease agreements will also include early termination clauses (often with a fee equal to 1 or 2 months’ rent) that outline the cost of ending a lease before its expiration.

Rent Increases in California 

California regulates how and when landlords can raise rent, both under state law and, in some cases, under local rent control ordinances.

Statewide Rent Control

Most residential rental properties built before January 1, 2005, are covered by the AB 1482 – Tenant Protection Act of 2019. Under this law, there are caps on rent increases, the lower of which is 5% of the current rent plus the local inflation rate (CPI) or 10% of the current rent.

Other key rules include:

• Rent may only increase twice in any 12-month period.
• Landlords cannot increase rent during a fixed-term lease unless the agreement specifically allows it.
• Some properties are exempt, including newer buildings (15 years old or less), single-family homes and condominiums owned by individuals (with proper lease notice), dormitories, and certain types of affordable housing.

Notice Requirements for Rent Increases

California law requires written notice before any rent increase takes effect:

• 30 days’ notice for increases of 10% or less within 12 months (Civ. Code § 827(2)).
• 90 days’ notice for increases of more than 10% within 12 months (Civ. Code § 827(3)(A)).

Housing Discrimination in California

Both federal and state laws in California protect renters from discrimination. These laws apply broadly to rental housing, though limited exemptions exist for owner-occupied units or religious organizations providing housing.

Under the federal Fair Housing Act, landlords are prohibited from discriminating based on race, color, sex, religion, national origin, familial status, or disability.

California extends protections further under the Fair Employment and Housing Act (FEHA). Additional protected categories include ancestry, citizenship or immigration status, mental disability, gender identity and expression, marital status, military or veteran status, primary language, sexual orientation, and source of income (including housing vouchers).

Examples of discriminatory acts: The Civil Rights Department (CRD) of the state of California identifies the following as unlawful when directed at a protected group:

• Refusing to rent, lease, or sell a property on a bona fide offer.
• Falsely stating that a rental unit is unavailable.
• Canceling or terminating a rental agreement for discriminatory reasons.
• Creating or enforcing policies that limit equal access to housing.
• Offering inferior lease terms, conditions, or privileges.
• Refusing to make reasonable accommodations or modifications for tenants with disabilities.
• Imposing stricter rules for families with children, such as restricting where children may play.

As of 2024, state law also allows local jurisdictions to require that certain ground-floor units be available to tenants with mobility-related disabilities, expanding accessibility at the local level (Civ. Code § 1954.53(4)).

Landlords found guilty of housing discrimination may face civil penalties, damages, and orders to make housing available.

Additional Landlord-Tenant Regulations in California

Beyond general rules governing repairs, rent, and security deposits, California law encompasses several additional regulations that impact day-to-day landlord-tenant relationships. These cover areas like property access, storage, rent collection, disclosures, and more.

Landlord’s Right To Entry in California

California landlords have the right to enter a rental unit for certain lawful purposes, including maintenance, inspections, and property showings. They must give at least 24 hours’ written notice before entering an occupied unit, and the entry must occur during regular business hours (Civ. Code § 1954).

Notice is not required in emergencies, when the tenant is present and consents, or when the tenant has abandoned the property.

Micromobility Storage in California 

Beginning in 2024, California law prohibits landlords from preventing tenants from owning or storing at least one “micromobility device” per occupant on the premises (Cal. Civ. Code § 1940.41). Covered devices are either human-powered or electric motor-powered, and can transport one adult, or one adult with up to three minors.

Its broad definition includes rollerblades, bicycles, scooters, e-bikes, and some electric mopeds. Instead of allowing tenants to store devices inside units, landlords may offer secure, common-area storage with electrical outlets for charging.

Rent Collection and Related Fees in California 

The following rules govern how landlords can collect rent and charge related fees:

• Grace period: None required. Rent is late the day after it’s due.
• Maximum late fee: No statutory cap, but fees must be “reasonable.”
• Payment methods: Landlords must accept at least one form of payment other than cash or electronic transfer. They cannot charge fees for check payments (CA Civ. Code § 1947.3(b)).
• Rent receipts: Required upon request (CA Civ Pro Code § 2075).

Small Claims Court in California 

Many landlord-tenant disputes seek resolution in small claims court, an informal legal process designed to be quicker and less expensive than higher courts.

Individuals may file claims up to $10,000. If the landlord is filing as a company, like an LLC, there is a $5,000 claim limit. Cases typically take 1 to 2 months to resolve. And, neither party is required to hire an attorney.

Mandatory Disclosures in California 

Landlords must provide specific disclosures to tenants at the start of tenancy when applicable. These include:

• Lead-based paint: For housing built before 1978.
• Bed bugs: Written information on reporting infestations (Civ. Code § 1954.603).
• Mold: Documentation of any known mold conditions (CA Health & Safety Code § 26147).
• Common utilities: How tenants divide utilities (Civ. Code § 1940.9).
• Asbestos: For buildings constructed before 1979, where the landlord has knowledge of asbestos (CA Health & Safety Code § 29515.5 (a)).
• Meth & fentanyl contamination: Required if contamination is known and remediation is incomplete (CA Health & Safety Code § 25400.28 (b)).
• Sex offender registry: Notice of the tenant’s right to access registry information (Civ. Code § 2079.10a).
• Demolition permits: When demolition plans will affect tenancy (Civ. Code § 1940.6 (a)(1)(A).
• Military ordnance: For properties within one mile of a known ordnance site (Civil Code § 1102.15).
• Death: Disclosure of any non–HIV/AIDS-related death in the unit within the past 3 years (Civ. Code § 1710.2).
• Pest control: When a unit has pesticide treatment (Civ. Code § 1940.8).
• Flood zone: If the property is in a designated flood hazard area (§ 8589.45 (a)).
• Smoking policy: If any smoking rules apply to the property (Civ. Code §1947.5 (b 1)).

How to Report a California Landlord for Unsafe Living Conditions 

If a landlord fails to maintain a rental property in accordance with state or local housing codes, tenants can file complaints with the local code enforcement or health department. Renters may request inspections to document unsafe or substandard conditions. These reports can support legal action or remedies such as repair orders or rent withholding.

Changing the Locks in California

Lockouts are illegal in California. A landlord can’t change the locks to remove a tenant, even if there’s a dispute. Tenants who are survivors of domestic violence, sexual assault, stalking, or elder abuse may request a lock change at any time, and the landlord is required to follow through within a reasonable timeframe.

Leasing Language 

Landlords in California have the option to write leases in English, Spanish, Chinese, Tagalog, Vietnamese, or Korean. Therefore, if lease negotiations are in one of these languages, the landlord must provide a written translation of the lease in that same language to ensure the tenant fully understands the agreement.

Rent Payment Methods 

Landlords cannot require tenants to pay rent solely in cash or via electronic funds transfer. Thus, landlords must accept at least one alternative payment method, like a check or money order. If a tenant attempts to pay with a dishonored check, landlords may require cash payments for up to 3 months, provided they give written notice of the change.

Landlord’s Sale of a Rental Unit 

If a landlord sells a rental property while still occupied, existing tenants generally have the right to remain until the end of their lease term. The new owner may issue proper notice if they wish to terminate a month-to-month tenancy, but they inherit the obligations of the previous landlord, including returning security deposits.

Local Laws in California 

In addition to statewide landlord-tenant regulations, many California cities have their own local ordinances that provide additional renter protections. These laws often address rent control, eviction procedures, relocation assistance, and registration requirements, and in many cases are stricter than state law.

Los Angeles Landlord-Tenant Rights 

In Los Angeles, most rental buildings constructed before October 1, 1978 fall under the city’s Rent Stabilization Ordinance (RSO). The law limits annual rent increases and requires landlords to have a valid reason, known as “just cause,” to evict a tenant. It also provides relocation assistance in certain no-fault eviction cases.

Landlords are required to register their units with the Los Angeles Housing Department annually and comply with the city’s notice and filing requirements.

San Francisco Landlord-Tenant Rights

San Francisco has some of the strongest rent and eviction controls in the country. The San Francisco Rent Ordinance applies to most buildings constructed before June 13, 1979. It includes: annual rent increase limits set by the Rent Board, additional eviction protections beyond state law, and strict rules for owner move-in evictions and temporary relocations for capital improvements. Landlords must also provide interest on tenant security deposits on an annual basis.

San Jose Landlord-Tenant Rights

San Jose’s Apartment Rent Ordinance covers multi-family units built before September 7, 1979. Key elements include annual rent increase limits (tied to CPI, capped at 5%), just cause termination requirements, and relocation benefits for tenants affected by certain types of evictions. San Jose also has a Tenant Protection Ordinance that applies to newer buildings not covered by the rent ordinance.

Sacramento Landlord-Tenant Rights

Sacramento’s Tenant Protection and Relief Act applies to most rental properties built before February 1, 1995. It limits annual rent increases, requires just cause for eviction after the first 12 months of tenancy, and provides relocation assistance for certain no-fault evictions.

Long Beach Landlord-Tenant Rights

Long Beach passed local tenant protection measures in 2019 that require relocation payments for tenants displaced by no-fault evictions, mandate written notices for rent increases exceeding 10% in a 12-month period, and provide some just cause eviction protections.

Oakland Landlord-Tenant Rights 

Oakland’s Rent Adjustment Program (RAP) governs most rental properties built before 1983. It caps annual rent increases according to the Consumer Price Index, imposes just cause requirements for eviction, and mandates the registration of covered rental units. Landlords must also pay annual interest on tenant security deposits and follow city procedures when increasing rent.

Additional Resources for California Renters

California tenants have access to a variety of resources to help them understand their rights, resolve disputes, and file complaints if necessary. These organizations provide legal guidance, mediation, enforcement, and educational materials. See the resources below for quick reference, and also check your local county and municipality for additional landlord-tenant regulations.

California Department of Housing and Community Development

California Tenant Protection Act AB 1482 Tenant Advocacy Tool Kit

California Landlord-Tenant Laws FAQs

What are the landlord-tenant laws in California?

California landlord-tenant laws help to govern rental agreements, habitability standards, rent increases, evictions, and anti-discrimination protections. State law sets minimum requirements for safe housing, notice periods for rent increases and entry, and “just cause” rules for ending tenancies. Many cities have their own ordinances that expand these protections through rent control and additional eviction restrictions..

What are three rights tenants have in California?

California law gives tenants three essential rights. They’re entitled to safe and habitable housing, meaning the property must meet basic health and safety codes. They also have a right to privacy, which generally requires landlords to give 24 hours’ notice before entering the unit unless there’s an emergency. And they’re protected from unlawful eviction. Landlords must have just cause and follow legal procedures to end a tenancy.

What is illegal for a landlord to do in California?

California landlord-tenant laws strictly prohibit specific actions. Landlords cannot evict tenants without proper cause or notice, nor can they shut off utilities or change locks to force a tenant out. Retaliation against tenants who exercise their rights is also illegal.

Additionally, landlords are prohibited from discriminating based on race, religion, family status, disability, or any other protected class. Violations may lead to legal action, financial penalties, and court-ordered remedies.

What not to say to a landlord?

Tenants should avoid statements that could weaken their position or create unnecessary conflict. For example, admitting to breaking lease terms, such as keeping an unauthorized pet, making threats during disagreements, or verbally agreeing to changes in rent or lease without written confirmation, can all cause problems later.

The best approach is to maintain respectful, professional, and documented communication and to follow up any verbal agreements with written confirmation.