What should a tenant do if their rental needs repairs? Can landlords remove tenants who are late on rent? Do tenants need to give notice before moving out? These are all common questions in a rental situation—most of which can be answered by looking at California landlord-tenant laws.
While they can be tricky to understand, knowing your rights as a renter, property manager, or landlord can protect you from legal issues or unfair treatment. These laws also help guide your lease or rental agreement, which is a legally binding document between a landlord and tenant that outline the terms for renting property.
It's always a good idea to consult with a lawyer for specific legal advice, however, we hope this overview of California's landlord-tenant rights will help you better understand your protections and responsibilities contained in a typical lease agreement in the Golden State.
New California Law Updates 2026
Starting in 2025 and carrying into 2026, several lengthy amendments were made based on new legislature signed by Governor Newsom. These include:
- Mandatory Habitability Requirements: Landlords must provide a working stove and refrigerator in rental units. Tenants can agree to their own refrigerator in writing if applicable.
- Unlawful Detainers: Tenants have 10 days instead of 5 to file a response with the court when served with an unlawful detainer (eviction complaint).
- Application Screening Fees: Landlords can charge a fee for screening a tenant only if they follow legal application requirements. They cannot collect a screening or application fee from tenants if they know their unit is unavailable.
- Fee Transparency: Mandatory fees that are ongoing must be disclosed upfront in rental ads and rent quotes. No hidden charges are allowed.
- Security Deposits: If deposits were paid electronically, landlords must offer to return them electronically unless the tenant agrees in writing to an alternative method.
- Tenant Screenings: Landlords must use third-party screening services that meet cybersecurity standards and protect tenant data.
- Positive Rent Reporting: Landlords must offer tenants the option to report positive rent payments to at least one nationwide credit bureau. Tenants can opt out to this at anytime.
- Lock Change Protections: Landlords must change locks at their own expense upon written request if a tenant or household member is a victim of abuse or violence. Landlords cannot penalize tenants or break the lease due to this request.
- Unbundled Parking: Tenants in newer, qualified residential rentals can decline and avoid paying for bundled parking. (Does not include federal housing vouchers.)
- No-Fault Evictions: Landlords pursuing owner or relative move-in evictions face stricter occupancy requirements. Source
How Does a Rental Agreement in California Work?
Whether you're a landlord or renter, you're likely familiar with the stack of paperwork that needs signing before the key handling, including your lease agreement.
A lease agreement is required by the state of California, as it protects both landlord and tenant and helps each party avoid misunderstandings or errors along the way.
So, how can you make sure your lease correctly follows your local and state laws? While your individual lease can be customized depending on the landlord's preferences, rental specifics, and more, here are the most common details that should be included in a lease agreement in California:
- Rent amount, payment due date, and accepted payment methods
- Names of each party included in the rental agreement
- Property and amenity descriptions
- Eviction policy
- Late-fee policy
- Lease termination policy
- Security deposit information
- Recommended utilities
- Mandatory disclosures (including mold, pests, bedbugs, lead paint exposure, etc.)
The key takeaway is that landlords and tenants have rights and obligations as determined by local laws, and you can outline the most essential ones in your lease agreement to ensure that both parties stay compliant.
You'll want to ensure that a lease agreements is signed before a tenant moves into the property and has a copy of their own to reference.
Pro Tip: Landlords can create lease agreements, email them to tenants, and have them signed via eSignature, right on TenantCloud.
California Landlord Tenant Laws
While your mileage may vary depending on your city laws and rules, here are the most common California state rights and regulations, starting with landlords:
Landlord Responsibilities
In California, landlords must provide safe, habitable housing with reliable utilities through the entire tenancy, according to the California Civil Code (1940-1954.05). This includes:
- Waterproof roof, walls, windows
- Working plumbing (hot & cold water)
- Heating system
- Safe electrical wiring
- Clean, sanitary premises (free of infestations)
- Working locks and secure doors/windows
- Smoke & carbon monoxide detectors
If something makes the unit unsafe or unlivable, landlords must fix it within a reasonable time after notice.
Follow Security Deposits Rules
A security deposit is not required in California, but is recommended as a security measure for future repairs and losses a landlord may have to make up for later on. In California, landlords must ensure that their security deposits meet these guidelines:
- No more than one month's rent for service members and all tenants, except for small landlords with an LLC who can charge two month's rent.
- Must be refundable.
- Must return the remaining security deposit within 21 calendar days after the tenant vacates, or provide an itemized list of deductions.
- If deductions exceed $125, receipts or invoices must be included with the itemized statement.
It's important for landlords to carefully document the condition of the rental unit before tenants move in so that they know when to withhold a security deposit. For more details on security deposits, visit our blog, Top Reasons Not to Return a Tenant's Deposit.
Respect Tenant Privacy
Landlords must give 24 hours’ written notice before entering a rental unit in California (except emergencies) and can only enter for specific legal reasons. These include:
- Repairs
- Inspections
- Showing the unit
- Emergencies
- Court order
This is where clear communication comes in. As a landlord, you want to make sure to follow privacy rules to protect tenants and ensure safety and trust. Communicating ahead of time and giving proper notice helps build a healthy landlord tenant relationship.
Follow Anti-Discrimination and Rent Control Laws
Landlords must comply with any fair housing guidelines, anti-discrimination laws, and cannot discriminate against prospective tenants based on race, religion, gender, disability, income source, or sexual orientation.
They also need to follow a modest annual rent increase if renting a property in a rent control area. These laws may change according to the city and rental unit type, but typically rent increases are capped at 5-10% a year.
Landlord Rights
Landlords have several rights in California, from being able to ask for on-time rent payments, to having legal grounds for eviction. Here's a summary of landlord rights:
- Collect rent and charge late fees
- Serve notices for nonpayment (3-days notice)
- Run credit, background, and eviction checks and set rental criteria
- Increase rent (within legal allowance)
- Evict tenants for lease violations and other legal reasons
- Withhold security deposits (within reason)
Now, let's go over what's expected of tenants in the Golden State.
Tenant Protections and Duties
Tenants have the right to a safe, habitable living space. If a landlord fails to provide essential services, tenants may have the right to withhold rent or sue the landlord for retaliation. At the same time, tenants are also responsible for keeping the unit safe and habitable and avoiding activities that could disturb neighbors or other occupants.
Other tenant responsibilities may include the following:
- Maintain the property and make minor repairs as needed
- Pay rent on time as described in the agreement
- Avoid damaging the property
- Comply with the rules outlined in the rental agreement
Suppose the tenant fails to comply with these rules. In that case, it may result in late fees, non-refunded deposits, and even eviction—so it's important to communicate with the landlord ahead of time to avoid penalties and maintain a positive tenant-landlord relationship.
Anti-Discrimination Laws
In the U.S., Tenants have the right to housing regardless of race, origin, religion, disability, or gender, according to the Fair Housing Act. This federal law states that landlords do not have the right to discriminate against protected classes of people.
In addition to the Fair Housing Act, California tenants are also protected by two state-specific housing discrimination laws, which are:
We'll outline the FEHA and Unruh Act below in greater detail.
FEHA
FEHA states that in addition to the Fair Housing Act, it is also unlawful to discriminate against sexual orientation, ancestry, familial status, and source of income.
Unruh Civil Rights Act
The Unruh Act prohibits any business in California from exhibiting unlawful discrimination in the following ways:
- Refusal to sell, rent, or lease
- Withholding accommodations
- Harassing tenants or customers
- Canceling or terminating a sale for illegal reasons
- Segregation of any kind
- Discriminatory advertisements, etc.
So, while there are no specific guidelines for how landlords should choose their tenants, the best practice is to go by the first available, eligible tenant. This way, it's clear that biases did not play a role in the selection of tenants and that those who apply as renters have an equal chance of finding a place to rent.
Landlord Tenant Rental Payment Obligations
A California landlord-tenant agreement should clearly outline rent due dates, how to pay, where to pay, discuss any late fee policies, bounced check fees, and other essential details.
In California, a landlord must allow a tenant at least one form of payment that is not an electronic transfer of funds from a bank account or cash; unless a tenant bounces a check or stops payment on a money order, the landlord can request cash only.
Rent Increases and Notices
A landlord can increase rent up to 10% of the lowest rent payment with a 30-day notice. If the landlord wishes to increase the rent by more than 10% within a year, the landlord must provide a 60-day notice.
The California Tenant Protection Act does not supersede rent control laws currently established in other cities, such as San Francisco. Read more here.
Bounced Checks and Late Fees
According to California law, late fees should be “reasonable,” though it doesn't set any restrictions on maximum late fees. Typically, a reasonable late rent fee in the state is around 5% to 10% of the cost of rent, with 5% being the average.
If a tenant bounces a check, the landlord can charge the tenant for any overcharge fees. The landlord can also charge a service fee of $25 for the first time a check bounces and $35 each time after.
Other Fees
In California, a landlord can charge an application fee to cover any out-of-pocket costs related to information gathering. The application fee is currently around $30; however, a landlord may adjust it to reflect changes according to the Consumer Price Index (CPI).
A landlord can also charge tenants the first month's rent before they move in if they prefer.
Landlord-Tenant Disputes: Lease Terminations
According to California landlord-tenant laws, either party may terminate the lease after it reaches its completion date. For reference, a tenant or landlord must give a written notice equivalent to the lease term. To clarify, a seven-day notice must be provided for weekly leases and a 30-day notice for monthly leases. There are no set standards for yearly, quarterly, or other leases.
Tenants can terminate the lease for the following reasons:
- The rental is inhabitable
- The tenant is a victim of domestic violence
- The landlord is harassing the tenant
- The tenant is leaving for military duty
Keep in mind, that terminating a lease does not mean not having to pay rent. If it is not specified in the lease agreement, the tenant may be responsible for the entire amount of payment for the lease term.
Notice of entry
The tenant has the right to privacy in California, so if a landlord needs to enter the rental property while the tenant is living in it, the landlord must give the tenant a 48 hour notice. If there are repair needs in the home, at least 24 hours notice is needed. There is, however, no notice required for emergencies.
Even if a tenant leaves for an extended time, the landlord does not have the right to enter the property without giving proper notice.
Evictions
In California, a landlord can evict a tenant for several reasons, including if the tenant is breaching the rental agreement, refusing to pay rent, or is involved in criminal activity on or off the property. In this case, the landlord can give a three-day notice. If the eviction is due to not paying rent, the tenant then has three days to pay before the landlord files for eviction.
During eviction, a landlord may not do the following:
- Lock a tenant out of the rental
- Shut off utilities to the rental
Conclusion
If you're new to renting in California, you may feel overwhelmed by the local landlord-tenant laws, especially since they are unique to other states. But with a little reading, you'll have a better idea of landlord and tenant rights in no time.
If you want to make things easier with customizable lease agreement templates and so much more, try TenantCloud's property management software for free.
