California Tenant Rights

California landlord-tenant laws are derived from state statutes and court decisions. They address issues such as lease requirements, rent increases, entry rights, security deposits, eviction procedures, required disclosures, and habitability standards.

This page provides a general educational summary of California landlord-tenant law and does not constitute legal advice. Laws change frequently and may vary depending on the specific facts of a situation and local regulations. For advice regarding your particular property or tenancy, consult a qualified California attorney.

Introduction to California Landlord Tenant Law

There are many good reasons to become a landlord but there are also many responsibilities and questions too.

Do security deposits accrue interest? Is it illegal at all times to smoke marijuana in a rental unit? What are a tenants rights if they believe to be a victim of discrimination? Are building and living conditions included on a move in – move out form? How do I perform a proper tenant screening? What day should rent be due and what if they don’t pay until the next day? If the tenant didn’t pay rent, has moved, and there is damage, what should I do?

Find answers to many questions and more resources to help with Landlord Tenant Law California.

California Landlord Tenant Law – Official Rules and Regulations

• Cal. Civ Code §§ 1925 – 1954
• Cal. Civ Code §§ 1961 – 1962.7
• Cal. Code of Civil Procedure
• California Health and Safety Code
• California Landlords & Tenants – A Guide To Residential Rights & Responsibilities

Security Deposit

California security deposit rules set maximum amounts, require itemized deductions, and mandate return deadlines—often with stricter local add-ons.

• Security Deposit Maximum: For tenancies beginning on or after July 1, 2024, the maximum security a landlord may demand is generally one month’s rent. A small landlord exception may allow up to two months’ rent if the landlord is a natural person (or an LLC with all natural-person members) and owns no more than two residential rental properties totaling no more than four units, subject to statutory eligibility requirements and exceptions. Local ordinances may be stricter, and the cap applies to the total “security” (including any refundable pet deposit). (Civ. Code §§ 1950.5.)
• Security Deposit Interest: No state statute, but some rent controlled jurisdictions require interest (e.g., Los Angeles, San Francisco, Berkeley). Check local laws.
• Separate Security Deposit Bank Account: No state statute.
• Pet-related charges: Refundable deposits are generally treated as part of “security” under Civ. Code §1950.5 and must follow the same rules (limits, itemization, 21-day return). (Check local ordinances for additional limits.) A lease or rental agreement must not characterize any security as “nonrefundable.” (Civ. Code § 1950.5(n).) 
• Deadline for Returning Security Deposit: 21 calendar days after the tenant vacates. (Civ. Code §§ 1950.5(h).)
• Security Deposit Can be Withheld:
  • For unpaid rent;
  • For cleaning the rental unit after the tenant vacates the premises, but only to ensure the unit is as clean as it was at the point when the tenant took control of the premises;
  • For repair of damages (outside of normal wear and tear) caused by the tenant their guests; and
  • If the lease agreement permits it, for the cost of restoring or replacing furniture or other personal property (including keys), outside of normal wear and tear.
• Require Written Description/Itemized List of Damages and Charges: Yes. The landlord must provide an itemized statement and generally must include copies of documentation supporting deductions for repairs/cleaning (receipts/invoices, or if the landlord/employee did the work, a description of work, time spent, and hourly rate). This documentation requirement does not apply if repairs and cleaning together do not exceed $125 (though the tenant may request documentation within statutory timeframes). (Civ. Code § 1950.5(h)(2)–(6).)
• Photos for Repair/Cleaning Deductions (effective January 1, 2026): For deductions for repairs or cleaning, landlords must provide specified photographs documenting the condition of the unit at move-in (if available), move-out, and after repairs or cleaning are completed, subject to statutory requirements and exceptions. (Civ. Code § 1950.5(g); § 1950.5(h)(2)(D).)
• Record Keeping of Deposit Withholdings: No state statute.
• Bad-faith retention: Bad-faith retention of security may subject the landlord (or successor) to statutory damages of up to twice the amount of the security, in addition to actual damages. (Civ. Code §§ 1950.5(m).)

Lease, Rent & Fees

These rules cover rent caps and exemptions, rent due dates, increase notice periods, late fees, and how advance payments are treated under California law.

• AB 1482 Statewide rent cap (Tenant Protection Act): For covered properties, annual rent increases are limited to 5% plus the applicable regional Consumer Price Index (CPI), up to a maximum of 10% in any 12-month period, and may not be imposed more than twice in any 12-month period. (Civ. Code §1947.12).
• Rent cap exemptions: Certain properties, including qualifying single-family homes and condominiums not owned by corporations, REITs, or certain LLCs, may be exempt if the landlord provides the required written exemption notice. Additional statutory conditions and exclusions apply. (Civ. Code §1947.12(d)).
• AB 1482 Exemption Notice: To qualify for certain exemptions from the statewide rent cap and just-cause requirements, landlords must provide specific written notice language in the lease or rental agreement informing the tenant of the exemption. Failure to provide the required notice may result in loss of the exemption. (Civ. Code § 1947.12(d) and 1946.2(e))
• Rent is Due: Unless the rental agreement states otherwise, rent is payable at the end of each month. Many leases specify that rent is due on the 1st of the month. (Civ. Code §§ 1947.) 
• Rent Increase Notice: At least 30 days’ written notice is required if the cumulative rent increase in the preceding 12 months is 10 percent or less; at least 90 days’ written notice is required if the cumulative increase exceeds 10 percent. (Civ. Code §§ 827(b)(2-3).)
• Late Fees: Permitted if specified in the lease and not prohibited by local ordinance. Late fees must be reasonable and reflect a reasonable estimate of the landlord’s actual damages; excessive penalties may be unenforceable. (Civ. Code § 1671)
• Application Screening Fee: Application screening fees are regulated by Civil Code § 1950.6. A landlord may charge no more than the actual out-of-pocket costs of gathering information about an applicant (including a reasonable value of time spent), up to the statutory maximum (adjusted periodically for inflation). Landlords may not charge a screening fee if they know or should know that no rental unit is available. An itemized receipt is required, and applicants must be provided copies of any consumer reports obtained within the statutory timeframe. If no screening report is obtained, the landlord may not retain the screening fee. (Civ. Code § 1950.6)
• Advance rent: Landlords may collect advance rent if specified in the lease. Advance rent must be distinguishable from refundable security deposits and may not be structured to evade the statutory security deposit limits under Civ. Code § 1950.5.
• Attorney’s fees are generally recoverable only if a statute allows them or the lease includes an attorney-fee clause; contractual fee clauses are typically reciprocal under Civ. Code § 1717.
• Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: Yes. (Civ. Code § 1951.2.)

Evictions and Just Cause

California’s Tenant Protection Act and related laws limit when tenancies can be terminated and define “at-fault” and “no-fault” just-cause grounds.

• Just cause eviction (Tenant Protection Act): Just Cause Eviction (Tenant Protection Act): For many covered tenancies, once a tenant has occupied the unit for 12 months (or when two or more tenants have occupied the unit for 12 months in the aggregate), termination requires “at-fault” or specified “no-fault” just cause.(Civ. Code §1946.2).
• Owner/relative move-in (SB 567, effective April 1, 2024): As amended by SB 567, termination based on owner or qualifying relative move-in requires strict compliance with Civil Code § 1946.2, including occupancy within 90 days, use as a primary residence for at least one year, required written disclosures in the notice, and other statutory conditions and restrictions.
• Relocation Assistance (No-Fault Termination): For covered properties, certain no-fault terminations (such as owner or relative move-in or withdrawal from the rental market) require the landlord to provide relocation assistance equal to one month’s rent or waive the final month’s rent. Relocation assistance must generally be provided within 15 calendar days of service of the termination notice, subject to statutory conditions. (Civ. Code § 1946.2(d).)
• Exemptions: Not all properties are covered by the Tenant Protection Act. Certain owner-occupied duplexes, qualifying single-family homes and condominiums, and other specified properties may be exempt if statutory conditions and written notice requirements are satisfied. (Civ. Code §§ 1946.2(e); 1947.12(d).)

Habitability

California habitability standards require safe, livable housing and provide tenant remedies when essential conditions or required appliances are missing or broken.

• New tenantability requirement (AB 628): For leases entered into, amended, or extended on or after January 1, 2026, a dwelling is not “tenantable” unless it includes a working stove and refrigerator (with statutory exceptions). (Civ. Code § 1941.1, as amended by CA AB628)
• Exceptions & Lease Documentation: A tenant may provide their own refrigerator if both parties agree in writing at the time the lease is entered into and the agreement clearly states that the landlord is not responsible for maintenance or replacement of the tenant-provided appliance. If an appliance covered by the statute is subject to a manufacturer recall, the landlord must repair or replace it within 30 days, subject to statutory conditions. Other appliance failures must be addressed within a reasonable time under California’s general habitability standards.
• Habitability exemptions: Certain licensed residential care facilities, assisted living facilities, and units with lawful communal kitchen facilities may be excluded from the stove and refrigerator requirement, subject to statutory conditions.
• Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Potentially, under the implied warranty of habitability, if the landlord fails to repair substantial habitability defects after reasonable notice and opportunity to cure. Tenants must comply with statutory requirements before withholding rent. For more information click here.
• Tenant Allowed to Repair and Deduct Rent: Under Civil Code § 1942, a tenant may make necessary repairs and deduct the cost (not exceeding one month’s rent) if the landlord fails to repair substantial habitability defects after reasonable notice and opportunity to cure. This remedy may generally be used no more than twice in a 12-month period. (Civ. Code §§ 1942)

Notices and Entry

California law sets minimum notice periods for ending tenancies, requires specific notices before most evictions, such as a notice to vacate  and limits when and how landlords may enter an occupied unit.

• Notice to Terminate Tenancy – Fixed End Date in Lease: If the tenancy is covered by California’s just-cause law (Civ. Code § 1946.2), once a tenant has occupied the unit for 12 months (or when two or more tenants have occupied the unit for 12 months in the aggregate), a landlord may not terminate a tenancy solely because a fixed-term lease expires; a lawful “at-fault” or “no-fault” just cause is required. If the tenancy is exempt, the lease may expire according to its terms.
• Notice to Terminate a Periodic Tenancy – 1 Year or More: If a tenant has resided in the unit for one year or more (or if multiple tenants have resided in the unit for one year in the aggregate), the landlord generally must provide 60 days’ written notice to terminate a periodic tenancy (subject to just-cause requirements if applicable). (Civ. Code § 1946.1)
• Notice to Terminate a Periodic Tenancy – Month-to-Month: A landlord must provide 30 days’ written notice if the tenant has resided for less than one year, and 60 days’ written notice if the tenant has resided for one year or more (subject to just-cause requirements where applicable) (Civ. Code § 1946.1)
• Notice to Terminate a Periodic Tenancy – Week-to-Week: Landlord generally must provide 7 days’ notice; tenant generally must provide 7 days’ notice. (Civ. Code §1946)
• Sale of Property: The sale of a rental property does not automatically terminate an existing tenancy. If the property is covered by California’s just-cause law (Civ. Code § 1946.2), a landlord must have a lawful “at-fault” or “no-fault” reason to terminate, and relocation assistance may be required in certain no-fault situations. Owner move-in rules and local ordinances may impose additional requirements.
• Notice of Date/Time of Move-Out Inspection: 48 hours. (Civ. Code § 1950.5(f))
• Eviction Notice for Nonpayment: 3 days excluding Saturdays, Sundays, and judicial holidays (Civ. Proc. Code § 1161(2))
• Eviction Notice for Lease Violation: 3 days excluding Saturdays, Sundays, and judicial holidays to cure the breach (or the landlord may file an eviction if not cured). (Civ. Proc. Code § 1161(3))
• Required Notice Before Entry (Non-emergency): At least 24 hours’ written notice stating the date, approximate time, and purpose of entry; entry must occur at a reasonable time, generally during normal business hours, unless otherwise agreed. (Civ. Code § 1954)
• Entry Allowed with Notice for Maintenance and Repairs (Non-emergency): 24 hours. (Civ. Code § 1954)
• Emergency Entry Allowed Without Notice: Yes. (Civ. Code § 1954)
• Entry Allowed During Tenant’s Extended Absence: Not generally, unless the landlord reasonably believes the unit has been abandoned or entry is otherwise permitted under Civ. Code § 1954.
• Notice to Tenants for Pesticide Use: When a licensed structural pest control operator applies pesticides, written notice with specified disclosures is required under Business and Professions Code § 8538. Landlord-applied treatments and local ordinances may impose additional requirements. (Bus. & Prof. Code § 8538)
• Lockouts Allowed: No, except as authorized by court order. (Civ. Code § 789.3)
• Utility Shut-offs Allowed: No, except as authorized by court order. (Civ. Code § 789.3)

Disclosures and Miscellaneous Notes

California requires specific lease disclosures and tenant protections (and many cities add more), so landlords should confirm both state and local requirements.

• Common Required Lease Disclosures: Depending on the property and circumstances, landlords may be required to provide disclosures including (but not limited to): lead-based paint disclosure for housing built before 1978 (federal law), bed bug information notice, flood hazard disclosure (if applicable), methamphetamine contamination notice (if applicable), and mold disclosure where known. Local ordinances may impose additional disclosure requirements.
• Tenant Selection Policies: While California law does not require landlords to accept the “first qualified applicant,” consistent, written screening criteria and uniform application procedures help reduce fair housing risk.
• Copy of Lease: Landlord must provide a copy of the rental agreement to the tenant within 15 days of the agreement’s execution by the tenant. (Civ. Code § 1962(4).)
• Utilities: Landlord is required to disclose if the utilities that service the tenant’s unit also service other areas (such as common areas), and disclose the manner in which costs will be fairly divided up. (Civ. Code § 1940.9)
• San Francisco Utilities: Landlords are required to provide heat that can maintain a minimum room temperature for a specific period of time. Verify with San Francisco Housing Code / Rent Board.
• Move-In Condition: Landlord is not obligated to provide a Move-In Condition Checklist for the Tenants to complete. We nevertheless recommended doing so, as it would be very helpful in the event you are required to go to court over physical damages in the unit.
• Mold: knowledge of mold that exceeds permissible exposure limits or that poses a health threat, if the landlord has actual knowledge of the condition. The landlord must also provide the state-required mold information booklet. (Health & Safety Code §§ 26147)
• Demolishment: If a landlord has applied for a permit to demolish a rental unit, the landlord must provide written notice to tenants as soon as practicable after applying for a demolition permit, including the approximate date demolition is expected to begin. (Civ. Code § 1940.6)
• Sexual Offenders: Landlords are required to include the following language in the lease:
  “Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.” (Civ. Code § 2079.10a)
• Pests Disclosures: At lease signing, the landlord must provide required bed bug and pest control disclosures, including copies of any applicable pest control service notices received. If the premises is being treated for pests, landlord must disclose the pesticides used and their active ingredients, and any warnings associated with them. (Civ. Code § 1940.8, and Business and Professional Code § 8538
• Smoking: If the landlord limits or prohibits smoking, landlord must include a clause that specifies the areas on or in the premises where smoking is prohibited. (Civ. Code § 1947.5)
• Proof of Domestic Violence Status: A landlord may request qualified third-party documentation if a tenant seeks statutory protections based on domestic violence, sexual assault, stalking, or abuse (Civ. Code § 1941.5, 1941.6, 1941.7)
• Locks: A landlord must change the locks upon written request and proper documentation from a qualifying victim of domestic violence, sexual assault, stalking, or abuse, subject to statutory conditions. (Civ. Code §§ 1941.5 and 1941.6)
• Special Treatment: A qualifying victim may terminate a tenancy with 30 days’ written notice and proper documentation as provided by statute. (Civ. Code § 1941.7) A landlord cannot end or refuse to renew a tenancy based upon the fact that the tenant or a member of the tenant’s household is a victim of a documented act of domestic violence, sexual assault, or stalking. (Civ. Procedure Code § 1161.3)
• Abandoned Property: The rules regulating this area of law are very lengthy and specific. Please refer to: Civ. Code §§ 1965, 1980 – 1991.
• Retaliation: The landlord may not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority, or who has been involved in a tenant’s organization, or who has exercised a legal right. A presumption of retaliation may arise if the landlord takes adverse action within 180 days after the tenant engages in protected activity. (Civ. Code § 1942.5) It will also be deemed retaliation if the landlord acts negatively within six months after any of the following:
  • Tenant uses the repair and deduct remedy, or tells the landlord that they will be using the repair and deduct remedy.
  • Tenant complains about the condition of the rental unit to the landlord, or to an appropriate public agency after giving the landlord notice.
  • Tenant files a lawsuit or begins an arbitration based on the condition of the rental unit.
  • Tenant causes an appropriate public agency to inspect the rental unit or to issue a citation to the landlord.

Court Related Links

These resources link to California court guidance and small-claims information commonly used in landlord-tenant disputes.

• Small Claims Court Limits: $12,500 (a landlord, however, may not file a suit for over $2,500 more than twice a year). (Civ. Procedure Code §§ 116.110 to 116.950)
• Eviction Cases Allowed: No. (handbook)
• California Courts – Judicial Branch – Small Claims
• The Small Claims Court – A Guide to its Practical Use

Business Licenses

State law may not require a landlord business license, but many California cities and counties impose registration or licensing rules.

• Business License required: No state statute, but municipalities may have regulations. We recommend that you check with your local city and/or county governmental authorities.

Helpful Links

Use these official and practical resources for deeper guidance on California landlord-tenant law, agencies, and tenant protections.

• California Landlords & Tenants – A Guide To Residential Rights & Responsibilities
• California Attorney General
• State Bar of California
• California Department of Consumer Affairs – Small Claims
• U.S. Department of Housing and Urban Development – California
• HUD – California Tenant Rights, Laws, & Protections
• Tenant Rights Los Angeles & Protections
• California State Courts
• California Department of Insurance
• California Law Help
• California Department of Real Estate

Renters (and landlords) can also access a booklet provided by the California Department of Housing and Community Development: California Tenants—A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities. While it hasn’t been updated in some time, the booklet is a good resource on California Law for renters rights and covers a broad spectrum of landlord-tenant issues.

California Tenant Screening Background Checks

Landlord Tenant Laws in California do not require a tenant background check to be performed. However, the American Apartment Owners Association as well as other national and local organizations highly recommend properly screening your tenant. Learn more about California Tenant Screening Background Checks.

When screening your prospective tenant be sure you are following all California lease laws and especially the Fair Housing Act. For example, evictions can only be based on a violation of lease terms, not discrimination based on race, color, national origin, religion, sex, familial status, and/or disability. A reason this law is in place is to stop illegal discrimination, forbid sexual harassment, and prevent retaliation against anyone who has filed a complaint or helped with an investigation with fair housing.

If the applicant is paying an application fee or you choose to pay out of pocket, AAOA provides a long list of tenant screening services. Just enter the applicant’s name and email or get underwritten for immediate results. Here is a sample set of data points that we can return: credit report and score from Experian, TransUnion, and Equifax; criminal and eviction history; residential address history; work verification and employment history; sex offender; OFAC; Telecheck; SSN Fraud; and more.

California Landlord Forms

All states require a variety of forms to rent an apartment to a tenant and California is no exception. Check out American Apartment Owners Association’s California Landlord Forms now.

Nationwide Landlord Tenant Laws

Looking for landlord tenant laws outside of California? The American Apartment Owners Association offers helpful landlord tenant laws for all 50 states. Click on any of the states listed below and go directly to its landlord tenant laws page.

Disclosure and Disclaimer

The information on this page is provided for general educational purposes only and does not constitute legal, financial, or tax advice. California landlord-tenant laws change frequently and may vary based on local city and county ordinances, court decisions, and the specific facts of a situation. We do not guarantee the accuracy or completeness of the information presented.

Nothing on this website creates an attorney-client relationship. You should consult a qualified California attorney or other licensed professional for advice specific to your property, tenancy, or circumstances before making legal or financial decisions.

This website may contain links to third-party resources. We are not responsible for the content, accuracy, or data practices of external sites. All trademarks referenced remain the property of their respective owners, and no affiliation or endorsement is implied.

This content is a general summary and may not reflect the most recent statutory amendments, regulatory updates, or court interpretations. Reliance on this information without consulting a licensed California attorney is at your own risk.