Owning and operating a rental property (or several) might seem simple from the outside: Find tenants, collect rent, and handle the occasional maintenance request. But first things first, landlords and tenants need to understand California landlord-tenant law.
These regulations govern every aspect of the rental relationship, including the parts that aren’t always obvious at first glance. Additionally, understanding California renters’ rights helps prevent small issues from snowballing into major conflicts. In this guide, we’ll go over everything you should know about California rental laws.
California landlord-tenant law places several important legal duties on landlords over the course of a tenancy. The following responsibilities are related to everything from habitability to lawful entry:
Below, we’ll go into more detail on these landlord duties, including deadlines, specific statutes, and enforcement measures.
Learn more: Guide to Landlord-Tenant Relationships
California landlord-tenant law also gives renters certain rights during a tenancy, and remedies when a landlord doesn’t comply. Here’s what you should know:
In later sections, we’ll show you how each of these California renters’ rights works and what a tenant can do when a landlord fails to uphold their end of the bargain.
Learn more: Guide to Tenant Rights & Responsibilities
Application fee limits: California caps the application screening fee at $30 per applicant (adjusted annually for inflation), and landlords cannot charge more than actual screening costs plus reasonable processing time. Landlords must refund any unused portion of the fee if they don’t run a reference check or credit report (Cal. Civ. Code § 1950.6).
Permissible screening criteria: When selecting a new tenant, landlords may consider credit history, reportable eviction records, and certain criminal convictions.
Look-back limits on criminal and eviction records: California restricts blanket bans based on criminal history. Landlords also cannot consider arrests that did not lead to convictions, sealed or expunged records, juvenile matters, or diversion programs (Cal. Code Regs. tit. 2, §§ 12264-12271).
To top it off, consumer reports can’t include criminal records, civil suits, or judgments older than 7 years. Unlawful-detainer reporting has further limits (Cal. Civ. Code § 1785.13, § 1786.18, Cal. Code Civ. Proc. § 1161.2).
Source-of-income and voucher protections: California protects government rent subsidies statewide, so landlords can’t reject Section 8 voucher holders based on the applicant’s source of income. Further, a landlord’s income standard must measure the tenant’s specific share of rent, not the full monthly amount (Cal. Gov’t Code § 12955).
Adverse action notice obligations: When a consumer report leads to a denial of housing or other unfavorable decision, the Fair Credit Reporting Act requires the landlord to provide a notice naming the reporting agency, stating the agency didn’t make the decision, and explaining the tenant’s rights (15 U.S.C. § 1681m).
Free resources: Send Rental Applications & Screen Tenants Online
Federal protected classes: The Fair Housing Act prohibits landlords from discriminating against tenants based on race, color, national origin, religion, sex, familial status, and disability (42 U.S.C. § 3604).
State-added protected classes: In addition to the federally protected classes, California fair housing laws also prohibit discrimination based on:
Reasonable accommodations and modifications: Landlords must consider reasonable accommodations for tenants with disabilities and allow reasonable modifications when necessary.
Assistance animals do not qualify as pets, so landlords cannot charge pet fees, deposits, or pet rent for them. When the disability or need isn’t apparent, landlords may request limited verification, but not a diagnosis, medical records, or history (Cal. Code Regs. tit. 2, §§ 12176, 12178, 12185).
Discriminatory advertising language: Housing ads cannot include language that encourages or discourages members of protected classes to apply. For example, using phrases like “no Section 8” or “married couples only” counts as a fair housing violation (Cal. Gov’t Code § 12955, Cal. Civ. Code § 51, § 51.2).
Complaint filing routes and deadlines: Tenants and applicants may file a discrimination complaint with California’s Civil Rights Department or the U.S. Department of Housing and Urban Development within 1 year of the alleged violation. Qualifying complaints may be cross-filed (Cal. Gov’t Code § 12980, 42 U.S.C. § 3610).
Learn more: How to Screen Applicants Fairly
Using a California-specific lease agreement is essential to ensure you don’t miss any state-mandated regulations or required disclosures. Here are some California landlord-tenant laws to consider when building your next lease:
Mandatory lease terms: A lease lasting longer than 1 year must be in writing and signed by the party it’s enforced against (Cal. Civ. Code § 1624). California does not require a statewide residential lease form or general font size.
Void and unenforceable clauses: Residential leases cannot waive tenants’ rights regarding security deposits, landlord entry, future legal claims, legally required notice or hearings, or procedural rights in tenant litigation. California also restricts habitability waivers (Cal. Civ. Code § 1953, § 1942.1).
Default rules absent a written lease: If there’s no written lease agreement with a specified term, California links the tenancy period to the rent payment schedule. For example, monthly rent usually signifies a month-to-month tenancy (Cal. Civ. Code § 1944, § 1946).
Renewal and holdover terms: An automatic-renewal clause may be voidable unless the required provision and notice near the tenant’s signature appear in at least 8-point boldface type.
If a tenant stays past the original lease expiration and the landlord continues to accept rent, the tenancy may renew on the same terms (Cal. Civ. Code § 1945, § 1945.5).
California-specific leases: Custom Online Lease Builder
Under California landlord-tenant law, landlords may need to make up to 16 disclosures to tenants, depending on the property’s condition and history. Here’s what those disclosures include:
Learn more: Online Lease Agreement Template
Maximum deposit amount: Most landlords may collect up to 1 month’s rent, while landlords owning no more than two rental properties totaling four units may collect up to 2 months’ rent, except from service members (Cal. Civ. Code § 1950.5).
Fees and deposits counting toward the cap: Pet, cleaning, and key deposits typically count as security deposits, as do advance rent payments. Lease agreements cannot deem any security deposit nonrefundable (Cal. Civ. Code § 1950.5).
Account and interest requirements: California security deposit law doesn’t require a separate escrow account or statewide interest, though local ordinances may apply (Cal. Civ. Code § 1950.5).
Return deadline and triggering event: Landlords must return the remaining security deposit to their tenant within 21 calendar days after the tenant moves out (Cal. Civ. Code § 1950.5).
Itemized statement requirements: When returning the security deposit, landlords must also provide an itemized accounting of each deduction’s basis and amount and include supporting documents and photographs (Cal. Civ. Code § 1950.5).
Wear and tear versus tenant damage: Landlords can’t deduct for ordinary wear such as faded paint or worn carpet, or preexisting conditions, though tenant-caused damage may support deductions (Cal. Civ. Code § 1950.5).
Penalties for wrongful withholding: A bad-faith failure to follow these requirements prevents the landlord from claiming any part of the security deposit, and they may owe actual damages plus statutory damages of up to twice the deposit for claiming or keeping deposit funds in bad faith (Cal. Civ. Code § 1950.5).
Learn more: How Security Deposits Work
Due date and lawful payment methods: Landlords must offer at least one payment method that isn’t cash or electronic transfer, though the parties may also agree to accept either (Cal. Civ. Code § 1947.3).
Statutory grace period: California doesn’t have a statewide grace period for late rent payments, meaning the lease agreement ultimately determines when payment is late.
Late fee cap: California landlord-tenant law doesn’t set a fixed-dollar or percentage cap on late fees, but a residential late-fee clause must meet California’s liquidated-damages standard. In other words, the clause is void unless actual damages would be impracticable or extremely difficult to fix (Cal. Civ. Code § 1671).
Partial payment consequences: Landlords don’t have to accept partial rent payments, and accepting rent after serving a residential Pay or Quit Notice may render that notice void.
In that case, the landlord will have to send a new notice stating that rent is still due (Cal. Code Civ. Proc. § 1161; EDC Associates Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)).
Helpful tool: Collect Rent Online for Free
Notice periods by tenancy type: For periodic residential tenancies, California rent increase laws require at least 30 days’ written notice for combined increases of 10% or less, and 90 days’ notice if increases exceed 10% within 12 months.
Mid-lease increase restrictions: Landlords can’t raise rent during a fixed-term lease unless the agreement expressly allows it.
Service and delivery requirements: Landlords may deliver a rent-increase notice personally or by mail. However, mailing adds 5 calendar days to the required notice period (Cal. Civ. Code § 827, Cal. Code Civ. Proc. § 1013).
Retaliatory and discriminatory increases: Landlords can’t raise rent in retaliation for qualifying tenantability complaints or lawful tenant organizing. Discriminatory rent increases also violate California fair housing laws (Cal. Civ. Code § 1942.5, Cal. Gov’t Code § 12955).
Learn more: Guide to Rent Increase Laws
Statewide rent regulation status: California caps increases for covered rentals at 5% plus the applicable cost-of-living change or 10%, whichever is lower, over 12 months (Cal. Civ. Code § 1947.12).
State preemption of local rent control: California doesn’t broadly prohibit local rent control measures. However, the Costa-Hawkins Rental Housing Act limits which properties local ordinances may regulate rent, and preserves an owner’s right to establish initial rent for many new tenancies (Cal. Civ. Code §§ 1954.50-1954.535).
Municipal rent caps: Local rent control is often stricter than state law. Los Angeles allows a 3% annual RSO adjustment through June 30, 2027, Oakland allows 2.3% increases beginning Aug. 1, 2026, and Berkeley’s annual adjustment for 2026 is 1.0% (L.A. Mun. Code § 151.06, Oakland Rent Adjustment Ordinance, Berkeley Rent Ordinance).
Learn more: How to Raise Rent Legally
The implied warranty of habitability: California landlord-tenant law requires residential landlords to keep housing fit for human occupancy (Cal. Civ. Code § 1941).
Conditions constituting a violation: Statutory standards include working heat, hot and cold running water, functional plumbing and electrical systems, reliable weatherproofing, solid structural conditions, no rodents or vermin, and no visible mold (Cal. Civ. Code § 1941.1, Cal. Health & Safety Code § 17920.3).
Tenant notice requirements: Before using repair-and-deduct or lease termination remedies, tenants have to give the landlord or an authorized agent written or oral notice of the untenantable conditions (Cal. Civ. Code § 1942(a)).
Landlord response deadlines: Landlords have a “reasonable time” after receiving notice to make repairs. For repair-and-deduct, a tenant who acts after the 30th day following notice is presumed to have waited a reasonable time, although serious conditions may justify acting sooner (Cal. Civ. Code § 1942(a)-(b)).
Repair-and-deduct, withholding, and escrow remedies: After a reasonable amount of time has elapsed, tenants can make qualifying repairs themselves and deduct up to 1 month’s rent, no more than twice in 12 months. They can also move out with no future rent obligations (Cal. Civ. Code § 1942).
California courts also allow tenants to withhold some or all rent for substantial habitability breaches, although the state doesn’t provide a general statutory rent escrow remedy (Green v. Superior Court, 10 Cal. 3d 616 (1974)).
Helpful tool: Rental Property Maintenance Coordination
Advance notice requirements: California landlord-tenant law presumes 24 hours to be a reasonable amount of notice for a landlord to enter a rental property. A written notice stating the date, approximate time, and purpose is required.
Landlords may deliver it personally, leave it with a suitable person or near the entry door, or mail it, in which case 6 days is presumed to be reasonable (Cal. Civ. Code § 1954).
Lawful reasons for entry: Landlords may enter for necessary or agreed-upon repairs and services, legally authorized inspections, showings, or a court-ordered entry, and most entries must occur during normal business hours (Cal. Civ. Code § 1954).
Emergency exception: An emergency doesn’t require advance notice. However, a suspected lease violation alone is neither an emergency nor a listed reason to enter.
Remedies for unlawful entry and refused access: Tenants may seek relief when landlords abuse access or use their right to entry for harassment. A significant, intentional violation meant to force a tenant to leave can carry a civil penalty of up to $2,000 per violation.
If a tenant breaches an access covenant, the landlord may use the statutory notice and court process to regain access (Cal. Civ. Code § 1940.2, Cal. Code Civ. Proc. § 1161).
Free form: 24-Hour Notice to Enter
No-cause termination notice periods: Under the Tenant Protection Act, covered rentals may still need just cause to terminate a lease agreement or refuse renewal. Landlords also typically have to give tenants a first chance to cure qualifying lease violations.
With that said, a termination notice of at least 30 days is required if any tenant or resident has lived in the property for less than a year, or 60 days’ notice is required if the tenant has been there for a year or more (Cal. Code Civ. Proc. § 1161, Cal. Civ. Code § 1946.1, § 1946.2).
Statutory early termination rights: Qualifying service members and survivors of domestic violence or stalking may terminate the lease agreement early without penalty by providing supporting documentation.
If a tenant breaks the lease due to untenantable conditions, they must notify the landlord and allow a reasonable repair period (50 U.S.C. § 3955, Cal. Civ. Code § 1946.7, § 1942).
Notice periods by ground: For nonpayment of rent and curable, material lease violations, landlords must give tenants a 3-Day Notice to Pay, Cure, or Quit, excluding weekends and judicial holidays.
In the event of nuisance, waste, or unlawful use, landlords must provide a 3-day notice and do not have to provide the tenant the opportunity to cure the problem. Holdover tenancies typically do not require additional notice after the fixed-term lease expires, and certain criminal activity also supports an immediate eviction action.
Court filing through judgment: When the notice expires, the landlord will file and serve an Unlawful Detainer Complaint. The tenant generally has 10 court days to respond, and either side may request trial after an answer.
The trial normally follows within 20 days, so the case will run 30 to 45 days or longer before judgment occurs (Cal. Code Civ. Proc. § 1167, § 1170.5).
Writ of possession and execution: After an eviction judgment, the landlord delivers a writ to the sheriff, who then gives the tenant 5 days to leave. The sheriff will then return to conduct the lockout after the 5 days have passed (Cal. Code Civ. Proc. § 1174, § 715.010).
Self-help eviction penalties: Attempting to bypass the court-ordered eviction process by turning off utilities or changing the locks may require landlords to pay the resident actual damages, plus up to $100 per day, at least $250 per separate cause of action, and attorney’s fees (Cal. Civ. Code § 789.3).
Learn more: California Eviction Laws
Squatter, holdover tenant, and guest distinctions: A squatter moves into a property without permission or a valid tenancy claim, unlike a holdover tenant, who starts as a typical tenant with a valid lease but stays after the lease expires. Guests, meanwhile, were invited into the property by a resident (Cal. Code Civ. Proc. § 1161, Cal. Penal Code § 602).
Adverse possession elements and statutory period: Any squatter attempting to claim a property through adverse possession has to hold the property openly and notoriously, continuously, exclusively, and in a manner hostile to the original owner under a claim of right for 5 years (Cal. Code Civ. Proc. §§ 321-325).
Color of title and property tax payment: Holding a color of title does not shorten the time requirement for adverse possession. In addition to the above requirements, the squatter must also pay all assessed taxes for the duration of the 5-year possession period (Cal. Code Civ. Proc. § 322, § 325).
Lawful removal routes: Police may enforce criminal trespassing laws where applicable, and owners can preauthorize police assistance in qualifying situations.
Where possession is disputed, owners may need to undertake a forcible detainer, unlawful detainer, or other civil action rather than immediate police removal. Unfortunately, that process could take weeks or months (Cal. Penal Code § 602, § 602.5, Cal. Code Civ. Proc. § 1160).
Practical likelihood of a successful claim: Due to the difficulties involved in proving a valid adverse possession claim exists, it’s highly unlikely that a squatter could successfully claim a California property via adverse possession.
To keep squatters off their property, California property owners should secure vacant units with working locks, conduct regular property inspections, post no-trespassing signs, and act quickly if they discover an unauthorized occupant.
Learn more: California Squatter’s Rights
Abandoned property after move-out: Landlords have to leave abandoned belongings at the unit or store them safely, then send written notice naming the belongings, claim location, and deadline, and wait at least 15 days after personal delivery or 18 days after mailing before disposal. Property worth $700 or more requires a public sale (Cal. Civ. Code § 1983, § 1986, § 1988).
Local ordinances superseding state law: San Francisco and Berkeley require landlords to pay interest on qualifying security deposits, and Oakland restricts criminal-history screening. All three cities, as well as Los Angeles, have additional just-cause eviction requirements (Cal. Civ. Code § 1946.2).
Smoke and carbon monoxide detector requirements: Smoke alarms need to meet current building standards in each sleeping room, outside sleeping areas, and on every story. Carbon monoxide alarms must be placed outside of sleeping areas and on every occupiable level.
Owners must test and maintain both carbon monoxide and smoke alarms, but tenants must report defects (Cal. Health & Safety Code § 13113.7, § 17926.1).
Renters insurance requirements: In California, landlords can require renters insurance in the lease agreement, with no caps on coverage amount. However, local rent-control rules and the lease terms may limit any mid-tenancy changes.
Utility billing and submetering: California doesn’t have a statewide formula for Ratio Utility Billing Systems.
Shared gas or electric meters require a written payment agreement covering usage outside the tenant’s unit, and water submeters may measure only that unit (Cal. Civ. Code § 1940.9, § 1954.203, § 1954.205).
Recent and pending statutory changes: For leases entered into, amended, or extended since Jan. 1, 2026, landlords must provide a stove and refrigerator.
Periodic tenants also gained the right to opt out of bundled internet services, and a temporary Social Security hardship defense took effect, with court forms due Jan. 1, 2027 (Cal. Civ. Code § 1941.1, § 1942.8, § 1946.3).
The resources below can help both landlords and tenants navigate problems in the rental relationship, understand their legal options, and find additional guidance:
California landlord-tenant laws are highly tenant-friendly. The state caps most rent increases, requires just cause for many lease terminations, limits how much landlords can charge for security deposits, and provides additional habitability, privacy, anti-retaliation, and fair housing protections.
California presumes 24 hours’ written notice to be reasonable for most entries by personal delivery, or 6 days’ written notice by mail. Emergencies do not require advance notice.
A landlord has 21 calendar days after the tenant vacates the rental property to return the remaining security deposit, along with an itemized statement of the deductions they made.
No. For periodic residential tenancies, landlords must give 30 days’ written notice before increasing rent by 10% or less, or 90 days’ notice for increases above 10%. Local rent control laws may further limit rent increases.
A California eviction typically takes about 30 to 45 days, but it can take longer. Contested cases, court scheduling, and sheriff delays can extend the eviction timeline.
California renters have the right to habitable housing, notice before landlord entry, timely deposit accounting, qualifying repair remedies, protection against retaliation and discrimination, and a court process before eviction.
Landlords can legally consider credit history, reportable eviction records, and certain relevant convictions when selecting tenants. California restricts blanket criminal-history bans, meaning landlords cannot consider arrests that did not lead to a conviction, sealed or expunged records, juvenile matters, or diversion participation.
