California tenant rights include a statewide cap on annual rent increases, a one-month limit on most security deposits, a guarantee that your unit stays fit to live in, protection from retaliation and discrimination, and a requirement that your landlord have a specific legal reason and give proper written notice before evicting you. Many cities add stronger rules on top. The sections below walk through what applies, when, and what you can do when a landlord ignores the rules.
How Much Can Rent Go Up?
The Tenant Protection Act of 2019 (AB 1482) caps annual rent increases at 5% plus the local rate of inflation, or 10%, whichever is lower.1California Legislative Information. AB 1482 Tenant Protection Act of 2019 The cap covers most rental housing in the state, but a few categories are exempt:
- Units built within the last 15 years. This is a rolling window, so a building constructed in 2011 becomes subject to the law in 2026.
- Single-family homes and condos, if the owner is a natural person (not a corporation or REIT) and has given you written notice that the property is exempt.
- Owner-occupied duplexes, where the owner lives in one unit and rents the other.
AB 1482 is set to expire on January 1, 2030, unless the legislature extends it. Cities like Los Angeles and San Francisco have their own rent control ordinances with stricter caps and extra requirements such as relocation payments. When a local ordinance is more protective, the local rules apply.
Notice Before an Increase
Even a legal increase requires advance written notice. For an increase of 10% or less (measured over the prior 12 months), your landlord must give at least 30 days’ written notice. For anything above 10%, the required notice jumps to 90 days.2California Legislative Information. California Civil Code 827 An increase delivered with inadequate notice is not enforceable on the proposed date. Until the correct notice period runs, you owe only the prior rent.
Security Deposit Limits and Returns
Since 2024, most landlords can collect no more than one month’s rent as a security deposit, furnished or unfurnished.3California Legislative Information. California Civil Code 1950.5 A narrow exception lets small landlords charge up to two months: the owner must be a natural person (or an LLC whose members are all natural persons) and own no more than two rental properties with four or fewer units total. That exception does not apply when the tenant is an active-duty military service member.
After you move out, your landlord has 21 calendar days to either return the full deposit or send an itemized statement showing every deduction and the remaining balance. Deductions are limited to unpaid rent, cleaning needed to restore the unit to its move-in condition, and repairs for damage that goes beyond normal wear and tear.
Wear and Tear Versus Damage
This is where most deposit fights happen. Small scuffs on walls, paint faded by sunlight, and carpet thinned by ordinary use are wear and tear and cannot be deducted. Damage is something caused by negligence or misuse: large holes in walls, deep stains, cigarette burns, broken fixtures. Your landlord also cannot use your deposit to upgrade the property or pay for routine maintenance that would have been needed anyway. If a deposit is wrongfully withheld, you can sue in small claims court for up to $12,500.4California Courts. Guide to Security Deposits in California
Repairs and Livable Conditions
Every residential landlord in California must keep rental units fit for human occupancy. This duty, the implied warranty of habitability, was established in Green v. Superior Court and cannot be waived by lease terms.5Justia Law. Green v. Superior Court, 10 Cal. 3d 616 At a minimum, your landlord has to provide working plumbing, heating, and electrical systems, and a structure free of serious hazards like mold, pest infestations, and lead paint.
Put repair requests in writing. The landlord must act within a reasonable time after notice; 30 days is a commonly used guideline for non-emergency repairs, and urgent health and safety issues call for a faster response. If nothing happens, you have three options:
- Withhold rent until the repair is made.
- Hire someone to fix the problem and deduct the cost (up to one month’s rent) from your next rent payment. This repair-and-deduct remedy can only be used twice in any 12-month period.6California Legislative Information. California Civil Code 1942
- Vacate the unit and be released from further rent obligations.
When the Landlord Can Enter Your Home
Your landlord does not have unlimited access. Civil Code Section 1954 requires reasonable written notice before entering, including the date, approximate time, and purpose of the visit. Twenty-four hours is presumed reasonable, and entry should happen during normal business hours.7California Legislative Information. California Civil Code 1954
Permitted reasons include making repairs, showing the unit to prospective tenants or buyers, and inspections. For showings to buyers, oral notice is allowed, but only if the landlord first gave you written notice within the prior 120 days that the property is for sale. No notice is required in a genuine emergency, when you’re present and consent, or after you’ve abandoned the unit.
Just-Cause Evictions and Required Notices
Once you’ve lived in a unit for 12 months or more, AB 1482 requires your landlord to have a specific, legally recognized reason to evict you. The law sorts those reasons into two groups:
- At-fault causes: nonpayment of rent, breach of a material lease term, criminal activity on the property, refusing lawful access, or subletting in violation of the lease.
- No-fault causes: the owner or a close family member intends to move in, the owner is withdrawing the unit from the rental market, a government order requires the tenant to vacate, or the owner plans substantial renovations.
For a no-fault eviction, the landlord must either pay you relocation assistance equal to one month’s rent or waive the final month’s rent before it comes due. The written termination notice must state the specific just cause being relied on; a notice that fails to do so is defective.
How Much Notice You Must Get
- Nonpayment of rent: a three-day notice to pay or quit, excluding weekends and court holidays. The notice must state the exact amount owed and give you a name, phone number, address, and bank account or electronic payment information for paying.8California Legislative Information. California Code of Civil Procedure 1161
- Lease violations: a three-day notice to cure or vacate.
- No-fault termination, tenancy under one year: 30 days’ written notice.9California Legislative Information. California Civil Code 1946.1
- No-fault termination, tenancy of one year or more: 60 days’ written notice.
Notice has to be served the right way: personal delivery, leaving a copy with someone of suitable age at the property plus mailing a second copy, or posting the notice on the door and mailing a copy. A landlord who skips steps or uses the wrong notice period risks having the entire case dismissed.
Lockouts, Utility Shutoffs, and Retaliation
A landlord who wants you out must go through the courts. Changing the locks, shutting off utilities, removing your belongings, or taking doors or windows off their hinges to force you out is illegal under Civil Code Section 789.3, and that covers water, electricity, gas, heat, and phone service.10California Legislative Information. California Civil Code 789.3 You can sue for actual damages plus up to $100 for every day the violation continues, with a minimum award of $250 per incident, and the court must award attorney’s fees to the winning party.
California also presumes retaliation when a landlord moves against a tenant who has spoken up. Under Civil Code Section 1942.5, if your landlord raises the rent, cuts services, or tries to evict you within 180 days after you complain about habitability, report a code violation, or participate in a tenant organization, the law presumes the action is retaliatory.11California Legislative Information. California Civil Code 1942.5 The 180 days runs from the date of your complaint, a resulting inspection, or a judgment in your favor, whichever is latest. During that window, the landlord carries the burden of proving a legitimate, non-retaliatory reason. You can sue for damages and recover attorney’s fees.
Discrimination Protections
California’s Fair Employment and Housing Act goes beyond federal law. Under Government Code Section 12955, a landlord cannot refuse to rent, impose different lease terms, or provide unequal services based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information.12California Legislative Information. California Government Code 12955 The protections cover perceived membership in a protected class and association with someone who is a member.
The source-of-income protection matters for anyone using Housing Choice Vouchers (Section 8) or other government assistance. A landlord who refuses to rent to you because you plan to pay with a voucher is violating state law. Complaints can go to the California Civil Rights Department, or you can file a private lawsuit.13California Civil Rights Department. Housing
Ending a Lease Early
If you break a lease without a legal reason, you usually owe rent through the end of the term, but your landlord has a duty to make reasonable efforts to re-rent the unit. You are only on the hook for the time it actually sits vacant.14California Legislative Information. California Civil Code 1946.7 Several situations let you leave without that liability.
Victims of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or any crime involving bodily injury or a deadly weapon (whether to you, a household member, or an immediate family member) can terminate with written notice attaching supporting documentation such as a restraining order, police report, or statement from a qualified professional. You owe rent for no more than 14 days after delivering the notice, the landlord cannot keep your deposit, and the termination is not treated as a breach. Notice has to be given within 180 days of the qualifying event or protective order.
Active-duty military members can terminate under the federal Servicemembers Civil Relief Act after receiving orders for a permanent change of station, deployment of 90 days or more, or entry into active duty. Deliver written notice with a copy of the orders. The lease ends 30 days after the next rent due date following that notice, with no early-termination fees.
If your landlord fails to fix a serious habitability problem within a reasonable time after notice, you can vacate and owe no further rent from the day you leave.
Belongings Left After You Move Out
If you leave property behind, your landlord cannot just throw it out. Civil Code Section 1984 requires a written Notice of Right to Reclaim Abandoned Property, delivered personally or mailed to your last known address. The notice must describe the property, say where to pick it up, and give you at least 15 days (personal delivery) or 18 days (mail) to claim it.15California Legislative Information. California Civil Code 1984 Items reasonably believed to be worth less than $700 can be kept, sold, or disposed of after the deadline. Items worth $700 or more must be sold at public auction. If you’re mid-move and worried about leaving something overnight, get written confirmation from your landlord about the timeline.
Disasters and Uninhabitable Units
When a wildfire, earthquake, or other disaster makes your unit uninhabitable, you can leave and owe no further rent from that date, following the same habitability rule in Civil Code Section 1942. Your landlord also cannot charge rent for any period the unit is too damaged to live in. During a declared state of emergency, California also prohibits price gouging on replacement housing; landlords who inflate rents during a disaster face criminal prosecution carrying up to one year in county jail and fines of up to $10,000 per violation.16California Department of Justice. FAQs on Price Gouging If you’re displaced, FEMA and local housing authorities may offer emergency housing assistance.