California landlord-tenant law gives renters some of the strongest protections in the country and holds landlords to detailed duties around rent, deposits, repairs, and eviction. The Tenant Protection Act caps annual rent increases on most units, security deposits are limited to one month’s rent for most landlords as of July 2024, and a landlord generally needs just cause to end a tenancy of 12 months or more. On the other side, tenants are expected to pay rent, keep the unit in reasonable condition, and allow lawful entry. What follows is a plain walk through the rules that decide who can do what.
Habitability and Repairs
Every California landlord has to keep a rental unit safe and livable. Civil Code Section 1941.1 sets the floor. A unit is not habitable if it lacks weatherproofing (a sound roof, exterior walls, and unbroken windows and doors), hot and cold running water connected to approved sewage disposal, working heat, functional electrical wiring and lighting, clean common areas free of trash and vermin at move-in, or sound floors, stairways, and railings.1California Legislative Information. California Code Civil Code CIV 1941.1 These are minimums, not aspirations.
Repair-and-Deduct
When you tell your landlord about a habitability problem and they do not fix it within a reasonable time, you have two self-help options under Civil Code 1942. You can hire someone to make the repair and deduct the cost from your next rent payment, as long as the repair costs no more than one month’s rent. You can use this remedy up to twice in any 12-month period. Or you can treat the failure as a serious breach and move out, which ends your obligation to keep paying rent.2California Legislative Information. California Civil Code 1942 A 30-day wait after notice is presumed reasonable, though urgent problems can justify a shorter wait. Repair-and-deduct is not available if you caused the condition yourself.
Withholding Rent
Tenants sometimes hear they can just stop paying rent when repairs go undone. The option exists in theory, but the California Attorney General’s office warns that withholding rent puts you at risk of eviction. Get legal advice before you try it.3California Department of Justice. Know Your Rights as a California Tenant
Rent Increase Limits Under AB 1482
The Tenant Protection Act of 2019, known as AB 1482, caps annual rent increases on covered units at 5% plus the local rate of inflation, or 10%, whichever is lower, measured over any 12-month period. The increase is calculated against the lowest rent charged during the 12 months before it takes effect. Discounts or concessions you accepted are excluded from that baseline, so a temporary move-in discount does not permanently lower the cap.4California Legislative Information. California Civil Code 1947.12 The statewide cap is currently set to expire on January 1, 2030.5California Legislative Information. California Assembly Bill 1482 – Tenant Protection Act of 2019
What Is Exempt
Not every rental is covered. AB 1482 exempts units with a certificate of occupancy issued within the last 15 years, single-family homes and condos where the owner is a natural person (not a corporation or REIT) and has given the tenant written notice of the exemption, and units already covered by a local ordinance with a stricter cap. If you rent a single-family home, check your lease. Without the written AB 1482 exemption notice, the landlord cannot claim the exemption.
Notice for an Increase
A rent increase is not valid without proper advance written notice. Increases of 10% or less within a 12-month period require 30 days’ notice. Increases above 10% require at least 90 days. Since AB 1482 caps covered units at 10%, landlords of covered properties will almost always give 30 days.
Several cities go further. Los Angeles limits annual increases on rent-stabilized units to 3% through June 2027, with the formula recently amended to range between 1% and 4% depending on the Consumer Price Index.6Los Angeles Housing Department. Renter Protections San Francisco’s Residential Rent Stabilization and Arbitration Ordinance typically covers buildings built before 1979. When a local cap is lower than the state cap, the local rule controls.
Security Deposits After the 2024 Change
This is where the law shifted sharply. Since July 1, 2024, most California landlords can charge a maximum security deposit of one month’s rent, whether the unit is furnished or unfurnished. The older two-month and three-month limits are gone.7California Legislative Information. California Civil Code 1950.5
A narrow small-landlord exception remains. An individual owner (or an LLC where every member is a natural person) who owns no more than two rental properties totaling four or fewer units can still charge up to two months’ rent. That exception disappears if the tenant is a servicemember, in which case the one-month limit applies no matter how many units the landlord owns.
Getting the Deposit Back
After you move out, the landlord has 21 days to return the deposit with an itemized statement of any deductions. If deductions total $125 or more, the landlord must include detailed documentation: for work the landlord did personally, a description of the work, time spent, and hourly rate; for outside contractors, a copy of the invoice. If repairs cannot be finished within 21 days, the landlord must send a good-faith estimate by the deadline and then a final accounting with any remaining balance within 14 days of finishing.8California Office of the Attorney General. Know Your Rights as a California Tenant – Security Deposits
Deductions are limited to four categories: unpaid rent, cleaning the unit to its move-in condition, repairing damage caused by the tenant or guests beyond normal wear and tear, and replacing or restoring landlord-owned personal property such as furniture when the lease specifically allows it. Ordinary wear, like minor scuff marks or carpet worn thin from years of normal use, is not deductible.
Just Cause Eviction
AB 1482 did more than cap rent. It also created statewide just cause eviction protections for tenants who have lived in a unit for 12 months or more. A landlord in a covered property cannot simply decline to renew or ask the tenant to leave. There must be a legally recognized reason, and that reason falls into one of two categories.9California Legislative Information. California Civil Code 1946.2
At-Fault Grounds
At-fault causes involve something the tenant did: unpaid rent after proper notice, breach of a material lease term after written notice to cure, creating a nuisance or damaging the property, criminal activity on the property or criminal threats against the owner or their agent, unauthorized subletting, refusing lawful entry, or refusing to sign a new lease with substantially similar terms after a written request. For at-fault causes, the landlord generally must give notice and an opportunity to cure before filing an eviction case.
No-Fault Grounds
Sometimes the landlord needs the unit back for reasons unrelated to tenant conduct. No-fault grounds include the owner or a close family member moving in, withdrawing the unit from the rental market, demolishing or substantially remodeling, or complying with a government order that requires the tenant to vacate.
No-fault evictions come with a cost. The landlord must provide relocation assistance equal to one month’s rent, paid within 15 days of the termination notice, or waive the tenant’s final month of rent. The notice must specify which option the landlord is using, and if the landlord fails to provide the assistance, the notice is void.
The same exemptions that apply to the rent cap also apply here. Qualifying single-family homes, condos with proper written notice, and buildings less than 15 years old are outside the just cause rules.
The Eviction Process
Even with valid grounds, California requires a specific process. Skipping steps can sink the case.
The Notice
The type of notice depends on the reason. A 3-day notice to pay rent or quit is used for unpaid rent and must state the exact amount owed, the rental periods covered, and the payment method accepted. Those three days count only court days, so weekends and judicial holidays do not count. For lease violations, a 3-day notice to perform or quit gives the tenant three days to fix the problem. For no-fault evictions, the landlord provides 30 days’ notice if the tenant has lived in the unit less than a year, or 60 days if a year or more.
Unlawful Detainer
If the tenant does not comply by the deadline, the landlord files an unlawful detainer lawsuit. This is the only lawful way to force a tenant out. Changing locks, shutting off utilities, or removing a tenant’s belongings without a court order is illegal no matter how strong the landlord’s case looks.10California Courts. Eviction Cases in California
Court and Enforcement
The tenant has a limited window to file a response. No response, and the landlord can seek a default judgment. If the tenant responds, either side can request trial. Common defenses include improper notice, retaliation, discrimination, and the landlord’s failure to maintain habitable conditions. If the landlord wins, the court issues a writ of possession directing the sheriff to remove the tenant. The sheriff posts a notice to vacate giving a few final days before a physical lockout. The whole process usually runs at least several weeks and can stretch to months if contested.
Ending a Month-to-Month Tenancy
Outside the just cause framework, California sets specific notice rules for ending a month-to-month rental. A tenant can terminate by giving 30 days’ written notice, regardless of how long they have lived in the unit. For landlords, the period depends on the tenant’s length of stay: less than a year requires 30 days; a year or more requires 60 days. Once a tenant has crossed the 12-month threshold, AB 1482’s just cause rules also apply in covered properties, so the landlord needs both proper notice and a recognized reason.
Landlord Entry and Privacy
Your landlord does not have an open invitation to walk in. California law limits entry to making repairs, showing the unit to prospective tenants or buyers, conducting agreed-upon inspections, or responding to emergencies. Outside of emergencies, the landlord must give written notice at least 24 hours in advance stating the date, approximate time, and reason for entry, and the visit must happen during normal business hours.11California Legislative Information. California Code Civil Code 1954 – Right of Entry The statute explicitly bars using the right of access to harass a tenant. Repeated unnecessary entries, entries without notice, or entries at unreasonable hours all cross the line.
Retaliation and Discrimination
Tenants who complain about habitability problems, report code violations, or exercise any legal right are protected from landlord retaliation for 180 days after the protected activity. During that window, a landlord cannot raise your rent, reduce services, or try to evict you in response. The protection also covers tenants who organize or participate in tenant associations. Threatening to report a tenant or their associates to immigration authorities counts as illegal retaliation under the same statute.12California Legislative Information. California Civil Code 1942.5
Two overlapping laws protect renters from discrimination. The federal Fair Housing Act prohibits refusing to rent, setting different terms, or otherwise discriminating based on race, color, national origin, religion, sex, familial status, or disability.13U.S. Department of Justice. The Fair Housing Act California’s Fair Employment and Housing Act adds sexual orientation, gender identity, gender expression, marital status, ancestry, source of income, veteran status, and genetic information. The source-of-income protection matters for voucher holders: a California landlord generally cannot reject you solely because part of your rent comes from a government subsidy. Complaints can go to the California Civil Rights Department or to the U.S. Department of Housing and Urban Development.
Required Landlord Disclosures
Lead-Based Paint
Federal law requires landlords of properties built before 1978 to disclose known lead-based paint information before a tenant signs the lease. The landlord must provide the EPA pamphlet “Protect Your Family From Lead in Your Home,” share any records or reports on lead hazards, and include a lead warning statement in the lease. A signed copy of the disclosure must be kept for at least three years.14U.S. Environmental Protection Agency. Real Estate Disclosures about Potential Lead Hazards Short-term rentals of 100 days or less, certain senior and disability housing, and units certified lead-free are exempt.
Bed Bugs
California requires landlords to give every new tenant a written notice about bed bug identification, prevention, treatment, and how to report a suspected infestation. Landlords cannot show, rent, or lease a vacant unit they know is infested. If a tenant reports bed bugs, the landlord must respond within 48 hours and hire a licensed pest control operator. Inspection results must go to the tenant in writing within two business days, and treatment must begin within 24 hours after the tenant receives the findings.15California Department of Public Health. Bed Bug Infestation Guidance for Property Owners and Tenants Retaliating against a tenant who reports bed bugs is illegal under the same statute that protects habitability complaints.
Mold
Under the Toxic Mold Protection Act, landlords must give prospective tenants an informational booklet on dampness and mold before the lease is signed. California’s Health and Safety Code also classifies a dwelling as substandard when dampness or visible mold creates a health hazard, and the landlord must address the condition. Minor mold on surfaces that accumulate moisture during normal use, like shower tiles, is excluded.16California Department of Public Health. Information on Dampness and Mold for Renters in California
Assistance Animals and No-Pet Policies
A no-pets clause does not override your right to a service animal or emotional support animal if you have a disability. Under the federal Fair Housing Act, a landlord must grant a reasonable accommodation allowing an assistance animal when the tenant has a disability-related need. That includes waiving pet deposits and pet fees, because assistance animals are not pets under the law.17U.S. Department of Housing and Urban Development. Assistance Animals
The landlord can deny the accommodation only in narrow situations: the specific animal poses a direct threat to health or safety that other measures cannot reduce, the animal would cause significant property damage, or the accommodation would impose an undue financial burden. General breed restrictions and weight limits in a lease do not override these protections. If your disability and need for the animal are not obvious, the landlord can ask for reliable documentation from a licensed healthcare provider confirming the disability-related need, but cannot demand diagnostic details, medical records, or specific training or certification. Documentation from online services that issue letters based only on a questionnaire, with no live consultation, may not hold up.
Servicemember Protections
Active-duty military tenants have additional protections under the federal Servicemembers Civil Relief Act. A landlord generally cannot evict a servicemember or their dependents from a primary residence without a court order. In an eviction case, the court can stay proceedings for at least 90 days if the servicemember shows military duties prevent them from appearing, supported by a letter from a commanding officer. The court can also adjust lease terms and may order a garnishment of the servicemember’s pay to compensate the landlord during a stay.18United States Courts. Servicemembers Civil Relief Act (SCRA) These protections run alongside California’s state rules, not instead of them.
Tenant Responsibilities
Rights run both ways. Tenants are expected to pay rent on time, keep the unit reasonably clean, avoid damaging the property, and follow the terms of the lease, including noise, parking, and guest rules. Using the rental for illegal purposes is grounds for a 3-day eviction notice. Tenants also have to allow lawful access after proper notice; repeatedly blocking legitimate entry can itself become grounds for eviction. And while the landlord is responsible for structural maintenance, tenants are expected not to create the conditions that require it. If your own negligence causes a habitability issue, the repair-and-deduct remedy is off the table.2California Legislative Information. California Civil Code 1942