California Landlord-Tenant Law
The rules for renting in California — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for California
- Security deposit limit
- One month's rent, in addition to the first month's rent. Small-landlord exception: up to two months' rent if the landlord is a natural person (or an LLC whose members are all natural persons) who owns no more than two residential rental properties with no more than four units in total. The exception does not apply if the prospective tenant is a service member. Cal. Civ. Code § 1950.5(c)(1), (c)(5)
- Deposit return deadline
- No later than 21 calendar days after the tenant vacates. The landlord must return the remaining deposit with an itemized statement. Cal. Civ. Code § 1950.5(h)(1)
- Notice for unpaid rent
- 3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due. Cal. Civ. Proc. Code § 1161(2)
- Ending a month-to-month lease
- Landlord: 30 days' written notice if the tenant has lived there less than one year, 60 days if one year or more. Tenant: notice at least as long as the rental period, usually 30 days for month-to-month. Where the AB 1482 Tenant Protection Act applies (after 12 months of occupancy, non-exempt property), the landlord also needs a just cause stated in the notice. No-fault just cause requires relocation assistance. Cal. Civ. Code §§ 1946, 1946.1, 1946.2
- Landlord entry notice
- Reasonable written notice, presumed to be 24 hours, or 6 days if mailed. The notice states the date, approximate time, and purpose. Entry must be during normal business hours, and only for emergencies, repairs or services, showing the unit, inspections, court orders, or after abandonment. No notice is needed in an emergency, when the tenant is present and consents, or after abandonment. Cal. Civ. Code § 1954
- Rent control / increase limits
- Statewide cap (AB 1482, Tenant Protection Act): within any 12 months, rent may rise by no more than 5% plus the local CPI change, or 10%, whichever is lower, in no more than two increments. Exemptions include housing with a certificate of occupancy issued within the past 15 years, deed-restricted affordable housing, dorms, and qualifying single-family homes and condos not owned by a REIT, corporation, or corporate-member LLC, if the required exemption notice was given. Local rent control is allowed, within the limits of the Costa-Hawkins Act (Civ. Code § 1954.50 et seq.). Cal. Civ. Code § 1947.12
Last verified against official sources: 2026-10-22
Security Deposits in California
| Security deposit limit | One month's rent, in addition to the first month's rent. Small-landlord exception: up to two months' rent if the landlord is a natural person (or an LLC whose members are all natural persons) who owns no more than two residential rental properties with no more than four units in total. The exception does not apply if the prospective tenant is a service member. AB 12 (2023) cap applies to security collected on or after July 1, 2024 (§ 1950.5(c)(6)). Advance payment of 6+ months' rent is allowed on leases of 6 months or longer. Since April 1, 2025, a landlord who charges a service member a higher deposit must explain why in writing and return the extra after 6 months if rent is current. 'Nonrefundable' deposits are prohibited (§ 1950.5(n)). |
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| Deposit return deadline | No later than 21 calendar days after the tenant vacates. The landlord must return the remaining deposit with an itemized statement. AB 414 (Stats. 2025, ch. 340, effective January 1, 2026): if the tenant paid the deposit or rent electronically, the refund must generally be made electronically to an account the tenant designates, unless the parties agree in writing to another method. Source: Cal. Civ. Code § 1950.5(h)(1) |
| Itemized deductions | The landlord must give an itemized statement of deductions. For deductions over $125, it must include copies of receipts or invoices, or the landlord's own time and hourly rate. If work cannot be finished within 21 days, a good-faith estimate is allowed, with documents due within 14 days of completion. Deductions for repairs or cleaning must include photographs. The tenant may also request a pre-move-out initial inspection, at which the landlord lists proposed deductions so the tenant can fix them. Photo rules from AB 2801 (2024): since April 1, 2025, photos are required at move-out (before repairs) and again after repairs. For tenancies beginning on or after July 1, 2025, photos are also required at move-in. Deductions are not allowed for ordinary wear and tear or for conditions that existed before the tenancy. |
| Interest on deposits | No statewide requirement to pay interest on security deposits. The statewide deposit statute contains no interest requirement. Some cities require interest by local ordinance; those ordinances were not reviewed. Source: Cal. Civ. Code § 1950.5 |
| Penalty for withholding | Bad-faith retention can bring statutory damages of up to twice the amount of the deposit, plus actual damages. A landlord who in bad faith fails to comply with the itemization and documentation rules may claim no part of the deposit. The landlord bears the burden of proving the deductions were reasonable. Deposit suits may be filed in small claims court (§ 1950.5(o)). |
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Eviction in California
| Notice for unpaid rent | 3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due. A landlord may not issue a 3-day pay-or-quit notice when a housing inspector's written repair order has gone unabated for more than 35 days on a substandard unit (Civ. Code § 1942.4). After 12 months of occupancy, AB 1482 just-cause rules also apply (§ 1946.2). § 1161 was last amended by SB 611 (Stats. 2024, ch. 287), operative February 1, 2025. Source: Cal. Civ. Proc. Code § 1161(2) |
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| Notice for lease violations | 3-day notice to perform the lease covenant or quit, where the breach can be cured. Weekends and court holidays do not count. For a serious violation that cannot be cured (such as nuisance, waste, or illegal use), a 3-day notice to quit, counting every day. Where just cause applies (§ 1946.2), the landlord must first give written notice and an opportunity to cure a curable violation. CCP § 1161(3): a 3-day written notice, excluding Saturdays, Sundays and judicial holidays, to perform the lease condition or give up possession; the tenant (or a subtenant, mortgagee or other interested person) can save the lease by performing within those 3 days. If the broken condition cannot be performed afterward, no notice demanding performance is required. CCP § 1161(4): assigning or subletting against the lease, waste, nuisance or unlawful use ends the lease on a 3-day notice to quit. Section as amended by Stats. 2024, ch. 287 (SB 611), operative Feb. 1, 2025. |
| Lockouts & utility shutoffs | Prohibited when done to force the tenant out: willfully cutting utilities (water, heat, light, electricity, gas, telephone, elevator, refrigeration), changing locks, removing doors or windows, or removing the tenant's belongings. The tenant may recover actual damages plus up to $100 per day of violation, with a minimum of $250 per cause of action, and reasonable attorney's fees. Only the sheriff may remove a tenant, after a court judgment and writ. Source: Cal. Civ. Code § 789.3 |
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Notice to Vacate in California
| Ending a month-to-month lease | Landlord: 30 days' written notice if the tenant has lived there less than one year, 60 days if one year or more. Tenant: notice at least as long as the rental period, usually 30 days for month-to-month. Where the AB 1482 Tenant Protection Act applies (after 12 months of occupancy, non-exempt property), the landlord also needs a just cause stated in the notice. No-fault just cause requires relocation assistance. A 30-day landlord notice is allowed for a qualifying sale of a separately alienable unit to an owner-occupant buyer (§ 1946.1(d)). § 1946.2 was amended by AB 1529 (Stats. 2025, ch. 203), effective January 1, 2026, and sunsets January 1, 2030. Some cities have stronger just-cause ordinances. |
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Landlord Entry in California
| Landlord entry notice | Reasonable written notice, presumed to be 24 hours, or 6 days if mailed. The notice states the date, approximate time, and purpose. Entry must be during normal business hours, and only for emergencies, repairs or services, showing the unit, inspections, court orders, or after abandonment. No notice is needed in an emergency, when the tenant is present and consents, or after abandonment. Oral notice of 24 hours is allowed for showing to buyers if the tenant was told in writing within the last 120 days that the property is for sale. A significant, intentional § 1954 violation meant to make the tenant leave can bring a civil penalty of up to $2,000 per violation (§ 1940.2). Source: Cal. Civ. Code § 1954 |
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Repairs & Habitability in California
| Repair and deduct | If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice (presumed 30 days), the tenant may repair and deduct the cost, up to one month's rent, or move out. The remedy may be used no more than twice in any 12-month period. Not available if the tenant caused the condition (§§ 1929, 1941.2). Untenantable conditions are defined in § 1941.1. Source: Cal. Civ. Code § 1942 |
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| Withholding rent | By statute, a landlord may not demand or collect rent, raise rent, or serve a 3-day pay-or-quit notice when all of these are true: the unit is substantially substandard, a housing inspector has given the landlord written notice to repair, and the conditions remain unabated 35 days later without good cause. The tenant can recover actual damages plus $100 to $5,000 in special damages and attorney's fees. California's broader common-law rent-withholding defense (warranty of habitability, from case law) was not verified from an official source. Source: Cal. Civ. Code § 1942.4 |
| Retaliation protection | A landlord may not evict, raise rent, or reduce services within 180 days after the tenant, in good faith, gives a repair notice under § 1942, reports a suspected bed bug infestation, complains about habitability, complains to a housing agency, or takes part in a related inspection, lawsuit, or arbitration. This applies only if the tenant is not behind on rent, and a tenant may invoke it once per 12 months. Retaliation for organizing or joining a tenants' association, or for exercising other legal rights, is also unlawful. Threatening to report a tenant to immigration authorities counts as retaliation. Remedies include actual damages plus punitive damages of $100 to $2,000 per retaliatory act for fraud, oppression, or malice (§ 1942.5(h)). Source: Cal. Civ. Code § 1942.5 |
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Rent Increases & Late Fees in California
| Rent control / increase limits | Statewide cap (AB 1482, Tenant Protection Act): within any 12 months, rent may rise by no more than 5% plus the local CPI change, or 10%, whichever is lower, in no more than two increments. Exemptions include housing with a certificate of occupancy issued within the past 15 years, deed-restricted affordable housing, dorms, and qualifying single-family homes and condos not owned by a REIT, corporation, or corporate-member LLC, if the required exemption notice was given. Local rent control is allowed, within the limits of the Costa-Hawkins Act (Civ. Code § 1954.50 et seq.). § 1947.12 was re-enacted by SB 567 (Stats. 2023, ch. 290), operative April 1, 2024, and is repealed January 1, 2030. The initial rent for a new tenancy is not capped (§ 1947.12(b)). Source: Cal. Civ. Code § 1947.12 |
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| Late fees | No statutory dollar cap or grace period. Late fees in residential leases are treated as liquidated damages, which are void unless it would be impracticable or extremely difficult to fix the landlord's actual damages and the amount is a reasonable estimate of them. How courts apply § 1671 to residential late fees comes from case law, which was not reviewed. Local ordinances may set additional limits. Source: Cal. Civ. Code § 1671(c)(2), (d) |
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Breaking a Lease in California
| Ending a lease: domestic violence | A tenant may end a lease if the tenant, a household member, or an immediate family member was the victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent-adult abuse, or a crime that caused bodily injury or death or involved a deadly weapon or force or the threat of force. The tenant gives written notice with one of these attached: a protective or restraining order, a police report, a qualified third-party statement (from a counselor, advocate, or licensed health practitioner, in the form set out in the statute), or other documentation that reasonably verifies the act. Notice must be given within 180 days of the order, report, or incident. The tenant owes rent for no more than 14 days after giving notice (prorated if the unit is re-rented sooner) and is not treated as having breached the lease. The deposit may not be forfeited because of the termination. If the victim is a family member who did not live with the tenant and the act did not happen within 1,000 feet of the unit, the tenant must also attach a statement explaining the relocation. Landlords must keep the information confidential and may not refuse to rent to someone because the person used this right. Violations carry actual damages plus $100 to $5,000 in statutory damages. Related: since Jan. 1, 2025, Civ. Code § 1946.9 (SB 1051) bars adverse screening decisions based on a prior lease breach caused by abuse against the tenant, on being a victim, or on having summoned emergency help. Other co-tenants remain bound by the lease (§ 1946.7(g)). Text verified via the Legislative Counsel pubinfo database. |
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Squatters & Abandoned Property in California
| Squatters / unauthorized occupants | California has no special fast-track squatter-removal statute. Entering and occupying property without the consent of the owner, the owner's agent, or the person in lawful possession is misdemeanor trespass. Refusing to leave property that is not open to the public, after the owner or a peace officer acting at the owner's request asks the person to leave, is also trespass. An owner can file one notarized request on the police agency's form so officers can act against trespassers for up to 12 months (or a shorter period set by local ordinance) while the owner is absent or the property is closed and posted. The request may be submitted electronically and ends if the property is sold. If police will not act (for example, because the occupant claims to be a tenant), the owner must go to court with an unlawful detainer or forcible detainer case (CCP 1159 et seq.). The occupant has 10 court days to respond after being served. A single lodger in an owner-occupied home who stays after a proper Civ. Code 1946.5 notice expires commits an infraction and may be arrested and removed. Whether police will remove a particular occupant is a local enforcement decision. Lodger rule: Penal Code § 602.3; https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=602.3 |
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| Belongings left behind | When belongings are left after a tenancy ends and the tenant has moved out, the landlord must give written notice to the tenant and to anyone the landlord reasonably believes owns the property. The notice must describe the property, say where it can be claimed, say that reasonable storage costs may be charged, and set a claim deadline at least 15 days after personal delivery or 18 days after mailing. Notice goes by personal delivery or first-class mail to the last known address, with a copy mailed to the vacated unit; email may also be used if the tenant provided an address. The landlord must keep the property on the premises or in safe storage with reasonable care. Property reclaimed within 2 days of move-out from the dwelling must be released without storage charges. Unclaimed property must be sold at a public sale advertised in a newspaper, with leftover proceeds paid to the county, where the owner can claim them within 1 year. If the landlord reasonably believes the total resale value is under $700, the landlord may keep or dispose of it. Property left after a sheriff's eviction lockout follows the same notice, storage, and disposal rules. Model notice forms appear in Civ. Code §§ 1984 (to the former tenant) and 1985 (to other owners). The chapter does not apply to commercial property other than self-storage (§ 1980.5, as amended by AB 1916, Stats. 2024). Text verified via the Legislative Counsel pubinfo database. |
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Rental Fees in California
| Application / screening fees | An application screening fee is capped at the landlord's actual out-of-pocket costs and the value of time spent, and may not exceed $30 per applicant, adjusted annually by CPI since 1998. Guarantors and cosigners count as applicants. A landlord may not charge a fee when it knows or should know that no unit is or will soon be available. Since January 1, 2025 (AB 2493), a fee is allowed only if the landlord either (A) considers completed applications in the order received under written screening criteria given with the application, approves the first qualified applicant, and charges no fee until an application is actually considered (fees collected by mistake must be refunded within 7 days), or (B) refunds the full fee to every applicant who is not selected, within 7 days of selecting a tenant or 30 days after the application, whichever comes first. The landlord must give an itemized receipt and, if a fee was paid, a copy of the credit report within 7 days of receiving it. Any part of the fee not spent on screening must be refunded. If a landlord chooses to accept a reusable tenant screening report (prepared within the last 30 days at the applicant's expense), it may not charge an application fee or a fee to access that report. Section 1950.6 was last amended by AB 1170 (Stats. 2025, ch. 67, effective Jan. 1, 2026); the AB 2493 process rules are in subdivision (c). The current CPI-adjusted dollar figure is not published in the statute. Landlords are not required to accept reusable reports (§ 1950.1(h)). Text verified via the Legislative Counsel pubinfo database. Source: Cal. Civ. Code §§ 1950.6, 1950.1 |
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| Other rental fees | Any fee charged at the start of a tenancy to cover the cost of processing a new tenant counts as 'security'. It therefore falls under the deposit cap and refund rules, and no part of it may be labeled nonrefundable. Application screening fees are regulated separately. A landlord must accept at least one form of rent payment that is neither cash nor electronic funds transfer, and may not charge a fee for paying rent or deposit by check. Since January 1, 2025 (SB 611), a landlord may not charge a fee for serving, posting, or delivering a termination notice. If a tenant opts into positive rent reporting to credit bureaus, the landlord may charge no more than the lesser of its actual cost or $10 per month, and nothing if it has no cost. Positive rent reporting offer: Civ. Code § 1954.07 (AB 2747, Stats. 2024, ch. 279). Whether the general 'drip pricing' ban in the Consumer Legal Remedies Act (SB 478, 2023) reaches residential rent was not verified. Local ordinances may add limits. Text verified via the Legislative Counsel pubinfo database. |
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Section 8, Records & Right to Counsel in California
| Section 8 / source of income | Yes. Statewide, owners may not discriminate in housing because of source of income, or advertise a preference based on it. Source of income means lawful, verifiable income paid to the tenant or a representative, or paid to the landlord for the tenant. It includes federal, state, and local public assistance and housing subsidies, including Section 8 vouchers. HUD-VASH vouchers are expressly included. When there is a government rent subsidy, the owner may not apply income standards to the full rent rather than the tenant's share. Since January 1, 2024 (SB 267), the owner also may not use credit history without offering the applicant the option to show ability to pay the tenant's share with alternative evidence (such as benefit records, pay records, or bank statements), and must reasonably consider that evidence. Current § 12927(i) text (last amended by Stats. 2019, ch. 601, SB 222) verified. Exemptions under FEHA (for example, certain owner-occupied single-roomer situations) were not re-verified. Text verified via the Legislative Counsel pubinfo database. |
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| Eviction record sealing | Masking is automatic and statutory. For the first 60 days after an unlawful detainer case is filed, the court file is open only to the parties and their attorneys, to anyone who gives the clerk the name of a plaintiff, the name of a defendant, and the unit address, to residents of the premises, and to anyone with a court order for good cause. After that, the record becomes public only if the landlord wins a judgment against all defendants: either within 60 days of filing, or after a trial held more than 60 days after filing. If the tenant wins, or the case is dismissed or settled without a landlord judgment, the record stays masked. Nonpayment cases filed between March 4, 2020 and September 30, 2021 stay masked. Post-foreclosure cases under CCP 1161a become public only after a trial judgment. The parties may also agree by stipulation that the court bar access to the record. There is no separate statutory expungement procedure. Within 24 to 48 hours of filing, the clerk mails the defendant a notice explaining the 60-day restriction and listing referral numbers (§ 1161.2(c)). If a default is set aside more than 60 days after filing, the 60-day clock restarts from that date. Text verified via the Legislative Counsel pubinfo database. |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. The Sargent Shriver Civil Counsel Act funds Judicial Council grant programs in selected courts that appoint counsel for low-income parties in housing and other civil matters, subject to funding. Some cities have their own right-to-counsel ordinances. Shriver programs are limited, funding-dependent pilots, not a statewide entitlement. Local ordinances (e.g., San Francisco) were not reviewed. Text verified via the Legislative Counsel pubinfo database. Source: Cal. Gov. Code §§ 68650-68651 |
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Mold, Pests, Heat & AC in California
| Mold | Visible mold growth, as determined by a health officer or code enforcement officer, and dampness of habitable rooms are listed as substandard housing conditions, which make a unit untenantable under the landlord's repair duty. Minor mold on surfaces that can collect moisture during normal use is excluded. The Toxic Mold Protection Act also requires landlords to give written mold disclosures and a state mold booklet to tenants, but those duties do not start until the Department of Public Health adopts mold exposure standards, guidelines and the booklet. Official code not freely readable online; text verified on a public code mirror (code year 2026, current as of January 1, 2026). Tenants may use repair-and-deduct or other remedies for untenantable conditions (Civ. Code § 1942). |
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| Pests & bed bugs | The landlord must keep the building, grounds and all areas it controls clean and free of rodents and vermin, and insect, vermin or rodent infestation is a substandard condition. Under the bed-bug law, the landlord may not show or rent a vacant unit it knows has a current bed-bug infestation, must give every new tenant a written bed-bug information notice (all existing tenants since January 1, 2018), and must notify tenants in writing within two business days of a pest control operator's findings for inspected units (and all tenants for confirmed common-area infestations). Tenants must cooperate with inspections. Official code not freely readable online; text verified on a public code mirror (code year 2026). The landlord has no duty to inspect for bed bugs without notice of a suspected infestation, but an infestation evident on visual inspection counts as notice (§ 1954.602(b)). The statutes do not say who pays for treatment; local codes may. |
| Heat | Yes. A unit is untenantable if it substantially lacks heating facilities that met code when installed and are kept in good working order, and lack of adequate heating is a substandard condition. State housing regulations (Title 25) require dwelling units to be able to maintain a minimum indoor temperature. Official code not freely readable online; text verified on a public code mirror (code year 2026). For leases entered into, amended or extended on or after January 1, 2026, a working stove and refrigerator are also habitability requirements (Civ. Code § 1941.1(a)(10)-(11), added by AB 628 of 2025). |
| Air conditioning | No state requirement to provide air conditioning and no state maximum indoor temperature for rentals. The state housing department has recommended that the Legislature consider a maximum safe indoor air temperature of 82°F for dwellings, but that recommendation is not law. Some cities and counties have their own cooling rules; local codes were not reviewed. Legislation may follow the HCD report. |
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Privacy, Guests & Animals in California
| Cameras & privacy | No landlord-specific camera statute. It is a crime to view or record, by camera, phone or other device, the interior of a bedroom, bathroom or other area where the occupant has a reasonable expectation of privacy with intent to invade privacy. Recording a confidential conversation requires the consent of all parties. A landlord may enter only for listed reasons and, except in emergencies, generally with 24 hours' written notice. Official code not freely readable online; text verified on a public code mirror (code year 2026). Because California requires all-party consent to record confidential conversations, cameras that capture audio raise added legal risk. |
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| Guests & occupants | No statute — lease governs. California has no statewide guest-versus-tenant rule or roommate statute for private rentals. The tenant is responsible for damage caused by the tenant's guests or licensees. Occupancy limits come from local housing codes and state housing law. Overly strict limits can violate fair housing law (familial status). Local rent and just-cause ordinances may protect replacement roommates; not reviewed. Source: Cal. Civ. Code § 1950.5(b)(2) |
| Service & support animals (state law) | A landlord may not refuse to rent to, or refuse to let keep, a person with a disability who uses a guide, signal or service dog; lease terms may reasonably regulate the dog, and the tenant remains liable for proven damage. For emotional support dogs, a health care practitioner may provide documentation only if licensed, in a client-provider relationship for at least 30 days (waived for verified homeless individuals), after a clinical evaluation, and after warning about the penalty for fraud. Knowingly and fraudulently representing an emotional support dog as a service dog carries civil penalties of $500, $1,000 and $2,500 for first, second and later violations. These rules do not reduce reasonable-accommodation rights under state and federal fair housing law. Official code not freely readable online; text verified on a public code mirror (code year 2026). The documentation rules come from AB 468 (2021), effective January 1, 2022. The Civil Rights Department's fair housing regulations also address assistance animals. |
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How eviction works in California
Eviction cases are heard in: Superior Court of California (unlawful detainer), in the county where the property is located.
- Landlord serves a written notice: 3-day pay or quit, 3-day perform or quit, 3-day quit, or 30/60/90-day notice, with just cause stated where AB 1482 or local law applies
- Landlord files an Unlawful Detainer complaint and the tenant is served with the summons and complaint
- Tenant files a response (usually an Answer) within 10 days, excluding Saturdays, Sundays, and judicial holidays (5 more court days if served by mail through the Secretary of State's address confidentiality program)
- If the tenant answers, a trial is set (per the courts, usually about a month after the request); if not, the landlord can get a default judgment
- Judgment for possession; landlord obtains a Writ of Execution and delivers it to the sheriff
- Sheriff serves a Notice to Vacate giving the tenant 5 days, then performs the lockout
10 days to respond, excluding weekends and judicial holidays (CCP § 1167, as amended by AB 2347, effective January 1, 2025; previously 5 court days).
Source: Cal. Civ. Proc. Code §§ 1161, 1167; California Courts Self-Help Guide
What surprises people about California rental law
- Since July 1, 2024, most landlords may collect a security deposit of only one month's rent; small landlords with two or fewer properties and four or fewer units may take two months (Civ. Code § 1950.5(c), AB 12).
- Landlords must photograph the unit at move-out and after repairs (since April 1, 2025), and at move-in for tenancies starting July 1, 2025 or later, or risk deposit deductions (Civ. Code § 1950.5(g), AB 2801).
- From January 1, 2026, a deposit paid electronically must generally be refunded electronically (Civ. Code § 1950.5(h), AB 414).
- Tenants now have 10 days (excluding weekends and holidays) to answer an eviction lawsuit, up from 5 (CCP § 1167, AB 2347, effective January 1, 2025).
- The statewide rent cap (5% + CPI, max 10%) and just-cause rules sunset January 1, 2030 unless extended (Civ. Code §§ 1947.12(o), 1946.2(n)).
- Threatening to report a tenant to immigration authorities is unlawful retaliation (Civ. Code § 1942.5(c)).
Federal law that also applies in California
These federal rules apply on top of California law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in California
These cities add their own tenant protections on top of state law:
- Anaheim landlord-tenant rules
- Bakersfield landlord-tenant rules
- Berkeley landlord-tenant rules
- Fresno landlord-tenant rules
- Glendale landlord-tenant rules
- Long Beach landlord-tenant rules
- Los Angeles landlord-tenant rules
- Mountain View landlord-tenant rules
- Oakland landlord-tenant rules
- Pasadena landlord-tenant rules
- Riverside landlord-tenant rules
- Sacramento landlord-tenant rules
- San Diego landlord-tenant rules
- San Francisco landlord-tenant rules
- San Jose landlord-tenant rules
- Santa Ana landlord-tenant rules
- Santa Monica landlord-tenant rules
- West Hollywood landlord-tenant rules
Eviction by county in California
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Los Angeles County (Los Angeles, Long Beach)
- Eviction in San Diego County (San Diego)
- Eviction in Orange County (Santa Ana, Anaheim, Irvine)
- Eviction in Santa Clara County (San Jose)
- Eviction in Alameda County (Oakland, Fremont, Hayward)
- Eviction in San Bernardino County (San Bernardino, Fontana, Rancho Cucamonga)
- Eviction in Riverside County (Riverside, Moreno Valley)
- Eviction in Sacramento County (Sacramento)
- Eviction in City and County of San Francisco
- Eviction in Fresno County (Fresno)
- Eviction in Contra Costa County (Concord, Richmond, Antioch)
- Eviction in Kern County (Bakersfield)
- Eviction in San Mateo County (San Mateo, Redwood City, Daly City)
- Eviction in Ventura County (Oxnard, Thousand Oaks, Ventura)
- Eviction in San Joaquin County (Stockton)
- Eviction in Sonoma County (Santa Rosa)
- Eviction in Santa Barbara County (Santa Maria, Santa Barbara)
- Eviction in Stanislaus County (Modesto)
- Eviction in Monterey County (Salinas)
- Eviction in Tulare County (Visalia)
- Eviction in Solano County (Vallejo)
- Eviction in San Luis Obispo County (San Luis Obispo)
- Eviction in Placer County (Roseville)
- Eviction in Merced County (Merced)
- Eviction in Santa Cruz County (Santa Cruz)
- Eviction in Marin County (San Rafael)
- Eviction in Butte County (Chico)
- Eviction in Yolo County (Davis)
For landlords
How to evict a tenant in California — steps, cost, timeline and forms.
Common California questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How California compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| California | One month's rent, in addition to the first month's rent. Small-landlord exception: up to two months' rent if the landlord is a natural person (or an LLC whose members are all natural persons) who owns no more than two residential rental properties with no more than four units in total. The exception does not apply if the prospective tenant is a service member. Cal. Civ. Code § 1950.5(c)(1), (c)(5) | No later than 21 calendar days after the tenant vacates. The landlord must return the remaining deposit with an itemized statement. Cal. Civ. Code § 1950.5(h)(1) | 3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due. Cal. Civ. Proc. Code § 1161(2) |
| Arizona | One and one-half months' rent, counting all security however labeled, including prepaid rent. A tenant may still voluntarily prepay more rent. A.R.S. § 33-1321(A) | Within 14 days, excluding Saturdays, Sundays, and legal holidays, after the tenancy ends, possession is delivered, and the tenant demands the deposit. A.R.S. § 33-1321(D) | 5-day written notice of nonpayment stating that the landlord will terminate the rental agreement if rent is not paid within that time. Before an eviction is filed, paying all past-due rent plus a reasonable late fee set in a written lease reinstates the agreement. After filing, reinstatement also requires paying attorney fees and court costs. After judgment, reinstatement is at the landlord's discretion. A.R.S. § 33-1368(B) |
| Nevada | Security deposit plus any surety bond may not total more than 3 months' periodic rent. NRS 118A.242(1) | 30 days after termination of the tenancy. NRS 118A.242(4) | Written notice to pay rent or surrender by the close of business on the 7th judicial day after service (summary eviction). For rent reserved weekly or less where the tenancy has lasted 45 days or less: by noon on the 4th full day after service. NRS 40.253(1) |
| Oregon | No statutory cap on the amount of a security deposit. ORS 90.300 | 31 days after the tenancy terminates and the tenant delivers possession. ORS 90.300(12)-(13) | Week-to-week: at least 72 hours' written notice, served no sooner than the 5th day of the rental period. Other tenancies: either at least 10 days' notice served no sooner than the 8th day of the rental period, or at least 13 days' notice served no sooner than the 5th day. Notice must state the amount due and the deadline to pay. ORS 90.394 |
California landlord-tenant FAQ
How much can a landlord charge for a security deposit in California?
One month's rent, in addition to the first month's rent. Small-landlord exception: up to two months' rent if the landlord is a natural person (or an LLC whose members are all natural persons) who owns no more than two residential rental properties with no more than four units in total. The exception does not apply if the prospective tenant is a service member. (Cal. Civ. Code § 1950.5(c)(1), (c)(5))
How long does a landlord have to return a security deposit in California?
No later than 21 calendar days after the tenant vacates. The landlord must return the remaining deposit with an itemized statement. (Cal. Civ. Code § 1950.5(h)(1))
Does a landlord have to pay interest on a security deposit in California?
No statewide requirement to pay interest on security deposits. (Cal. Civ. Code § 1950.5)
Does a landlord in California have to give an itemized list of deposit deductions?
The landlord must give an itemized statement of deductions. For deductions over $125, it must include copies of receipts or invoices, or the landlord's own time and hourly rate. If work cannot be finished within 21 days, a good-faith estimate is allowed, with documents due within 14 days of completion. Deductions for repairs or cleaning must include photographs. The tenant may also request a pre-move-out initial inspection, at which the landlord lists proposed deductions so the tenant can fix them. (Cal. Civ. Code § 1950.5(f), (g), (h)(2)-(5))
What happens if a landlord in California wrongfully keeps a security deposit?
Bad-faith retention can bring statutory damages of up to twice the amount of the deposit, plus actual damages. A landlord who in bad faith fails to comply with the itemization and documentation rules may claim no part of the deposit. (Cal. Civ. Code § 1950.5(h)(7), (m))
How much notice does a landlord have to give before evicting for unpaid rent in California?
3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due. (Cal. Civ. Proc. Code § 1161(2))
How much notice is required to evict for a lease violation in California?
3-day notice to perform the lease covenant or quit, where the breach can be cured. Weekends and court holidays do not count. For a serious violation that cannot be cured (such as nuisance, waste, or illegal use), a 3-day notice to quit, counting every day. Where just cause applies (§ 1946.2), the landlord must first give written notice and an opportunity to cure a curable violation. (Cal. Civ. Proc. Code § 1161(3)-(4); Cal. Civ. Code § 1946.2)
How much notice is needed to end a month-to-month lease in California?
Landlord: 30 days' written notice if the tenant has lived there less than one year, 60 days if one year or more. Tenant: notice at least as long as the rental period, usually 30 days for month-to-month. Where the AB 1482 Tenant Protection Act applies (after 12 months of occupancy, non-exempt property), the landlord also needs a just cause stated in the notice. No-fault just cause requires relocation assistance. (Cal. Civ. Code §§ 1946, 1946.1, 1946.2)
Can a landlord enter without notice in California?
Reasonable written notice, presumed to be 24 hours, or 6 days if mailed. The notice states the date, approximate time, and purpose. Entry must be during normal business hours, and only for emergencies, repairs or services, showing the unit, inspections, court orders, or after abandonment. No notice is needed in an emergency, when the tenant is present and consents, or after abandonment. (Cal. Civ. Code § 1954)
Is there a limit on late fees in California?
No statutory dollar cap or grace period. Late fees in residential leases are treated as liquidated damages, which are void unless it would be impracticable or extremely difficult to fix the landlord's actual damages and the amount is a reasonable estimate of them. (Cal. Civ. Code § 1671(c)(2), (d))
Can a tenant repair and deduct from rent in California?
If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice (presumed 30 days), the tenant may repair and deduct the cost, up to one month's rent, or move out. The remedy may be used no more than twice in any 12-month period. (Cal. Civ. Code § 1942)
Can a tenant withhold rent for repairs in California?
By statute, a landlord may not demand or collect rent, raise rent, or serve a 3-day pay-or-quit notice when all of these are true: the unit is substantially substandard, a housing inspector has given the landlord written notice to repair, and the conditions remain unabated 35 days later without good cause. The tenant can recover actual damages plus $100 to $5,000 in special damages and attorney's fees. (Cal. Civ. Code § 1942.4)
Can a landlord retaliate against a tenant for complaining in California?
A landlord may not evict, raise rent, or reduce services within 180 days after the tenant, in good faith, gives a repair notice under § 1942, reports a suspected bed bug infestation, complains about habitability, complains to a housing agency, or takes part in a related inspection, lawsuit, or arbitration. This applies only if the tenant is not behind on rent, and a tenant may invoke it once per 12 months. Retaliation for organizing or joining a tenants' association, or for exercising other legal rights, is also unlawful. Threatening to report a tenant to immigration authorities counts as retaliation. (Cal. Civ. Code § 1942.5)
Is there rent control or a limit on rent increases in California?
Statewide cap (AB 1482, Tenant Protection Act): within any 12 months, rent may rise by no more than 5% plus the local CPI change, or 10%, whichever is lower, in no more than two increments. Exemptions include housing with a certificate of occupancy issued within the past 15 years, deed-restricted affordable housing, dorms, and qualifying single-family homes and condos not owned by a REIT, corporation, or corporate-member LLC, if the required exemption notice was given. Local rent control is allowed, within the limits of the Costa-Hawkins Act (Civ. Code § 1954.50 et seq.). (Cal. Civ. Code § 1947.12)
Can a landlord change the locks or shut off utilities in California?
Prohibited when done to force the tenant out: willfully cutting utilities (water, heat, light, electricity, gas, telephone, elevator, refrigeration), changing locks, removing doors or windows, or removing the tenant's belongings. The tenant may recover actual damages plus up to $100 per day of violation, with a minimum of $250 per cause of action, and reasonable attorney's fees. (Cal. Civ. Code § 789.3)
What is the small claims court limit in California for a deposit dispute?
$12,500 for natural persons. A plaintiff that is not a natural person (for example, a business) has a lower general limit under CCP § 116.220. (Cal. Civ. Proc. Code § 116.221)
How do you remove a squatter in California?
California has no special fast-track squatter-removal statute. Entering and occupying property without the consent of the owner, the owner's agent, or the person in lawful possession is misdemeanor trespass. Refusing to leave property that is not open to the public, after the owner or a peace officer acting at the owner's request asks the person to leave, is also trespass. An owner can file one notarized request on the police agency's form so officers can act against trespassers for up to 12 months (or a shorter period set by local ordinance) while the owner is absent or the property is closed and posted. The request may be submitted electronically and ends if the property is sold. If police will not act (for example, because the occupant claims to be a tenant), the owner must go to court with an unlawful detainer or forcible detainer case (CCP 1159 et seq.). The occupant has 10 court days to respond after being served. A single lodger in an owner-occupied home who stays after a proper Civ. Code 1946.5 notice expires commits an infraction and may be arrested and removed. (Cal. Penal Code § 602(m), (o) (as amended by SB 602, Stats. 2023, ch. 404); Cal. Penal Code § 602.3; Cal. Civ. Proc. Code § 1167 (as amended by AB 2347, Stats. 2024, ch. 512))
What can a landlord do with a tenant's abandoned property in California?
When belongings are left after a tenancy ends and the tenant has moved out, the landlord must give written notice to the tenant and to anyone the landlord reasonably believes owns the property. The notice must describe the property, say where it can be claimed, say that reasonable storage costs may be charged, and set a claim deadline at least 15 days after personal delivery or 18 days after mailing. Notice goes by personal delivery or first-class mail to the last known address, with a copy mailed to the vacated unit; email may also be used if the tenant provided an address. The landlord must keep the property on the premises or in safe storage with reasonable care. Property reclaimed within 2 days of move-out from the dwelling must be released without storage charges. Unclaimed property must be sold at a public sale advertised in a newspaper, with leftover proceeds paid to the county, where the owner can claim them within 1 year. If the landlord reasonably believes the total resale value is under $700, the landlord may keep or dispose of it. Property left after a sheriff's eviction lockout follows the same notice, storage, and disposal rules. (Cal. Civ. Code §§ 1983-1988; Cal. Civ. Proc. Code § 1174(e)-(l))
Is there a limit on rental application fees in California?
An application screening fee is capped at the landlord's actual out-of-pocket costs and the value of time spent, and may not exceed $30 per applicant, adjusted annually by CPI since 1998. Guarantors and cosigners count as applicants. A landlord may not charge a fee when it knows or should know that no unit is or will soon be available. Since January 1, 2025 (AB 2493), a fee is allowed only if the landlord either (A) considers completed applications in the order received under written screening criteria given with the application, approves the first qualified applicant, and charges no fee until an application is actually considered (fees collected by mistake must be refunded within 7 days), or (B) refunds the full fee to every applicant who is not selected, within 7 days of selecting a tenant or 30 days after the application, whichever comes first. The landlord must give an itemized receipt and, if a fee was paid, a copy of the credit report within 7 days of receiving it. Any part of the fee not spent on screening must be refunded. If a landlord chooses to accept a reusable tenant screening report (prepared within the last 30 days at the applicant's expense), it may not charge an application fee or a fee to access that report. (Cal. Civ. Code §§ 1950.6, 1950.1)
What rental fees are banned or limited in California?
Any fee charged at the start of a tenancy to cover the cost of processing a new tenant counts as 'security'. It therefore falls under the deposit cap and refund rules, and no part of it may be labeled nonrefundable. Application screening fees are regulated separately. A landlord must accept at least one form of rent payment that is neither cash nor electronic funds transfer, and may not charge a fee for paying rent or deposit by check. Since January 1, 2025 (SB 611), a landlord may not charge a fee for serving, posting, or delivering a termination notice. If a tenant opts into positive rent reporting to credit bureaus, the landlord may charge no more than the lesser of its actual cost or $10 per month, and nothing if it has no cost. (Cal. Civ. Code §§ 1950.5(b), (n); 1947.3(a)-(b); 1946(b); 1946.1(i); 1954.07(g))
Can a domestic violence survivor break a lease in California?
A tenant may end a lease if the tenant, a household member, or an immediate family member was the victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent-adult abuse, or a crime that caused bodily injury or death or involved a deadly weapon or force or the threat of force. The tenant gives written notice with one of these attached: a protective or restraining order, a police report, a qualified third-party statement (from a counselor, advocate, or licensed health practitioner, in the form set out in the statute), or other documentation that reasonably verifies the act. Notice must be given within 180 days of the order, report, or incident. The tenant owes rent for no more than 14 days after giving notice (prorated if the unit is re-rented sooner) and is not treated as having breached the lease. The deposit may not be forfeited because of the termination. If the victim is a family member who did not live with the tenant and the act did not happen within 1,000 feet of the unit, the tenant must also attach a statement explaining the relocation. Landlords must keep the information confidential and may not refuse to rent to someone because the person used this right. Violations carry actual damages plus $100 to $5,000 in statutory damages. (Cal. Civ. Code § 1946.7 (as amended by SB 1017, Stats. 2022, ch. 558))
Can an eviction record be sealed or removed in California?
Masking is automatic and statutory. For the first 60 days after an unlawful detainer case is filed, the court file is open only to the parties and their attorneys, to anyone who gives the clerk the name of a plaintiff, the name of a defendant, and the unit address, to residents of the premises, and to anyone with a court order for good cause. After that, the record becomes public only if the landlord wins a judgment against all defendants: either within 60 days of filing, or after a trial held more than 60 days after filing. If the tenant wins, or the case is dismissed or settled without a landlord judgment, the record stays masked. Nonpayment cases filed between March 4, 2020 and September 30, 2021 stay masked. Post-foreclosure cases under CCP 1161a become public only after a trial judgment. The parties may also agree by stipulation that the court bar access to the record. There is no separate statutory expungement procedure. (Cal. Civ. Proc. Code § 1161.2(a) (as amended by AB 2304, Stats. 2024, ch. 711))
Can a landlord refuse Section 8 vouchers in California?
Yes. Statewide, owners may not discriminate in housing because of source of income, or advertise a preference based on it. Source of income means lawful, verifiable income paid to the tenant or a representative, or paid to the landlord for the tenant. It includes federal, state, and local public assistance and housing subsidies, including Section 8 vouchers. HUD-VASH vouchers are expressly included. When there is a government rent subsidy, the owner may not apply income standards to the full rent rather than the tenant's share. Since January 1, 2024 (SB 267), the owner also may not use credit history without offering the applicant the option to show ability to pay the tenant's share with alternative evidence (such as benefit records, pay records, or bank statements), and must reasonably consider that evidence. (Cal. Gov. Code §§ 12955(a), (c), (o) (as amended by SB 267, Stats. 2023, ch. 776); 12927(i))
Do tenants have a right to a free lawyer in eviction cases in California?
No statewide right to counsel in eviction cases. The Sargent Shriver Civil Counsel Act funds Judicial Council grant programs in selected courts that appoint counsel for low-income parties in housing and other civil matters, subject to funding. Some cities have their own right-to-counsel ordinances. (Cal. Gov. Code §§ 68650-68651)
What does a California notice to pay rent or quit have to include?
A written 3-day notice, not counting Saturdays, Sundays, or judicial holidays, demanding payment of rent or possession. It must state: the amount due; the name, phone number, and address of the person to pay; if payment can be made in person, the usual days and hours that person is available; or, instead, a bank account number with the institution's name and street address (within 5 miles of the unit), or a previously established electronic funds transfer procedure. If the address does not allow personal delivery, a tenant's mailed payment counts as received on the postmark date. The notice must be served within 1 year after the rent became due, and on any subtenant in occupation. Service is by personal delivery. If the tenant is absent from home and work, a copy may be left with a person of suitable age and discretion at either place, plus a copy mailed to the residence. If neither of those works, the notice may be posted in a conspicuous place, a copy given to a resident if one can be found, and a copy mailed to the property. (Cal. Civ. Proc. Code §§ 1161(2), 1162(a))
What does a California notice to end a month-to-month tenancy have to include?
Written notice. Either party may end a month-to-month tenancy with at least 30 days' notice. A landlord must give 60 days' notice if the tenant has lived in the unit 1 year or more, or 30 days if less than a year or in certain sales to an owner-occupant buyer. The notice may be served by any CCP 1162 method (personal delivery, substituted service plus mailing, or posting plus mailing) or by certified or registered mail. A landlord's notice must include, in substantially this form, the statutory statement that state law permits former tenants to reclaim abandoned personal property, subject to conditions and storage costs. The landlord may not charge a fee for serving or delivering the notice. Under the Tenant Protection Act, a landlord of a covered unit where the tenant has lived 12 months or more also needs a just cause, stated in the notice. (Cal. Civ. Code §§ 1946(a)-(b), 1946.1(b)-(f), (h)-(i); Cal. Civ. Proc. Code § 1162; Cal. Civ. Code § 1946.2)
What must a California security deposit itemization include?
Within 21 days after move-out, the landlord must give an itemized statement showing the basis for and amount of any deposit kept, and return the balance. For repair and cleaning deductions, it must include: for work by the landlord or an employee, a description of the work with the time spent and hourly rate; for outside work, a copy of the bill, invoice, or receipt, plus the vendor's name, address, and phone number if those are not on it; and receipts for materials. Since April 1, 2025, it must also include move-out photographs and post-repair photographs, with a written explanation of costs. If work cannot be finished within 21 days, the landlord may deduct a good-faith estimate and must send the documents within 14 days of completion. The documentation is not required when repair and cleaning deductions total $125 or less, or the tenant validly waived it, but the tenant can still request it within 14 days. The statement goes by personal delivery or first-class mail, or by email if agreed, to the address the tenant provided, or to the vacated unit if none. Since January 1, 2026 (AB 414), a refund must be made electronically if the tenant paid the deposit or rent electronically, unless the parties agree otherwise in writing. For multiple adult tenants, a single check payable to all is required unless they agree otherwise. A bad-faith failure to comply forfeits the landlord's right to keep any of the deposit. (Cal. Civ. Code § 1950.5(g), (h)(1)-(7) (as amended by AB 414, Stats. 2025, ch. 340))
How long does a landlord have to sue for unpaid rent in California?
4 years for an action on a contract founded on a written instrument, such as a written lease. 2 years for a contract not founded on a written instrument, such as an oral lease. (Cal. Code Civ. Proc. § 337(a); § 339(1))
Can a landlord accept rent during an eviction in California?
If a 3-day notice says the landlord may declare the lease forfeited, that forfeiture is canceled and the lease stays in effect if the tenant cures within 3 days after service, or if the landlord waives the breach after the notice is served. Accepting rent after the notice can be treated as such a waiver. No statute sets a general written-agreement exception for partial payments on residential tenancies. (Cal. Code Civ. Proc. § 1161.5)
Can you be evicted in the winter in California?
No statute. California has no statewide winter or cold-weather limit on evictions. (Cal. Civ. Code §§ 1940-1954.07 and Code Civ. Proc. §§ 1159-1179a (checked))
Can a landlord give notice by text or email in California?
Eviction notices (3-day and other § 1161 notices) must be served in one of three ways: (1) handed to the tenant personally; (2) if the tenant is away from home and work, left with a person of suitable age and discretion at either place, plus a copy mailed to the residence; or (3) if neither place can be found or no suitable person is there, posted in a conspicuous place on the property, given to a resident if one can be found, plus a copy mailed to the property. A 30- or 60-day notice to end a periodic tenancy may be served the same way or by certified or registered mail. A rent-increase notice must be handed over personally or mailed under Code Civ. Proc. § 1013. No statute provides for email or text service of these notices. (Cal. Code Civ. Proc. § 1162(a); Cal. Civ. Code § 1946; Cal. Civ. Code § 827(b)(1))
How much notice is required for a rent increase in California?
For month-to-month or shorter residential tenancies, written notice is required: at least 30 days if the increase, combined with any others in the past 12 months, is 10% or less, and at least 90 days if it is more than 10%. A 30-day rule applies when the increase results from a required income or family recertification. The notice must be handed over personally or mailed, and mailing adds time under Code Civ. Proc. § 1013. If another law or a regulatory agreement requires a longer notice, the longer notice applies. Statewide rent caps (Tenant Protection Act) and local rent control limit the amount separately. (Cal. Civ. Code § 827(b)-(c); § 1947.12 (amount cap))
Does a landlord have to give a copy of the lease in California?
Yes. The owner, or whoever signs for the owner, must give the tenant a copy of the lease within 15 days after the tenant signs it, and another copy once a year within 15 days if the tenant asks. The lease must disclose: the name, phone number and street address for personal service of the property manager and of the owner or the owner's agent for service and notices; the name, phone and address for rent payments, including days and hours if paid in person (or a bank account or electronic transfer details instead); and the accepted forms of payment. For an oral lease, the same information must be given in writing within 15 days. A successor owner or manager must comply within 15 days, and may not evict for nonpayment of rent that came due while it was not in compliance. (Cal. Civ. Code § 1962(a)-(d))
What are tenants' rights in a foreclosure in California?
When a rental is sold at foreclosure, a month-to-month or periodic tenant must get 90 days' written notice to quit before being removed. A tenant with a fixed-term lease signed before the sale may stay until the lease ends, and the lease survives the sale. The new owner may end it early with 90 days' notice only if: the buyer will live in the unit as a primary residence; the tenant is the borrower or the borrower's spouse, child or parent; the lease was not an arm's-length deal; or the rent is far below market (unless subsidized). The buyer must prove that an exception applies. Local just-cause ordinances still apply. When a sale is noticed, the trustee must post on the property, and mail to 'Resident', a statutory notice telling tenants about these rights. (Cal. Code Civ. Proc. § 1161b; Cal. Civ. Code § 2924.8)
Does a landlord have to fix mold in California?
Visible mold growth, as determined by a health officer or code enforcement officer, and dampness of habitable rooms are listed as substandard housing conditions, which make a unit untenantable under the landlord's repair duty. Minor mold on surfaces that can collect moisture during normal use is excluded. The Toxic Mold Protection Act also requires landlords to give written mold disclosures and a state mold booklet to tenants, but those duties do not start until the Department of Public Health adopts mold exposure standards, guidelines and the booklet. (Cal. Health & Safety Code § 17920.3(a)(11), (a)(13); Cal. Civ. Code § 1941.1(a); Health & Safety Code §§ 26147, 26148)
Who pays for pest control and bed bugs in California?
The landlord must keep the building, grounds and all areas it controls clean and free of rodents and vermin, and insect, vermin or rodent infestation is a substandard condition. Under the bed-bug law, the landlord may not show or rent a vacant unit it knows has a current bed-bug infestation, must give every new tenant a written bed-bug information notice (all existing tenants since January 1, 2018), and must notify tenants in writing within two business days of a pest control operator's findings for inspected units (and all tenants for confirmed common-area infestations). Tenants must cooperate with inspections. (Cal. Civ. Code §§ 1941.1(a)(6), 1954.602, 1954.603, 1954.604, 1954.605; Health & Safety Code § 17920.3(a)(12))
Does a landlord have to provide heat in California?
Yes. A unit is untenantable if it substantially lacks heating facilities that met code when installed and are kept in good working order, and lack of adequate heating is a substandard condition. State housing regulations (Title 25) require dwelling units to be able to maintain a minimum indoor temperature. (Cal. Civ. Code § 1941.1(a)(4); Health & Safety Code § 17920.3(a)(6); Cal. Code Regs., tit. 25, § 34)
Does a landlord have to provide air conditioning in California?
No state requirement to provide air conditioning and no state maximum indoor temperature for rentals. The state housing department has recommended that the Legislature consider a maximum safe indoor air temperature of 82°F for dwellings, but that recommendation is not law. (Cal. Civ. Code § 1941.1; HCD, Policy Recommendations: Recommended Maximum Safe Indoor Air Temperature (2025 Report to the Legislature, under AB 209 of 2022))
What can a landlord deduct from a deposit for cleaning or damage in California?
The statute does not define ordinary wear and tear, but the landlord may not charge for it, its effects, or conditions that existed before the tenancy, including the cumulative effects of wear across tenancies. Deductions are limited to reasonable amounts to repair damage caused by the tenant or the tenant's guests and to clean the unit back to its move-in level of cleanliness. Professional carpet or other professional cleaning may be charged only if reasonably necessary to restore move-in condition, excluding ordinary wear and tear. Landlords must photograph the unit at move-out (from April 1, 2025) and at move-in (tenancies beginning on or after July 1, 2025). (Cal. Civ. Code § 1950.5(b)(2)-(3), (e), (g))
Can a landlord put cameras in or around a rental in California?
No landlord-specific camera statute. It is a crime to view or record, by camera, phone or other device, the interior of a bedroom, bathroom or other area where the occupant has a reasonable expectation of privacy with intent to invade privacy. Recording a confidential conversation requires the consent of all parties. A landlord may enter only for listed reasons and, except in emergencies, generally with 24 hours' written notice. (Cal. Penal Code §§ 647(j)(1), 632(a); Cal. Civ. Code § 1954)
Can a landlord limit guests or roommates in California?
No statute — lease governs. California has no statewide guest-versus-tenant rule or roommate statute for private rentals. The tenant is responsible for damage caused by the tenant's guests or licensees. (Cal. Civ. Code § 1950.5(b)(2))
Can a landlord deny a service or emotional support animal in California?
A landlord may not refuse to rent to, or refuse to let keep, a person with a disability who uses a guide, signal or service dog; lease terms may reasonably regulate the dog, and the tenant remains liable for proven damage. For emotional support dogs, a health care practitioner may provide documentation only if licensed, in a client-provider relationship for at least 30 days (waived for verified homeless individuals), after a clinical evaluation, and after warning about the penalty for fraud. Knowingly and fraudulently representing an emotional support dog as a service dog carries civil penalties of $500, $1,000 and $2,500 for first, second and later violations. These rules do not reduce reasonable-accommodation rights under state and federal fair housing law. (Cal. Civ. Code § 54.1(b)(6); Health & Safety Code §§ 122317, 122318, 122319, 122319.5)
Official resources for California
- California Courts Self-Help Guide - Eviction (tenants)
- California Courts Self-Help Guide - Eviction notices
- California Courts Self-Help Guide - After losing an eviction case
- California Legislative Information - Civil Code § 1950.5 (security deposits)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.