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Updated on October 1, 2026 
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California’s rental laws protect both landlords and tenants, but the rules that apply depend on the property type and location.
For covered homes, state law generally limits rent increases to the lower of 5% plus inflation or 10% in any 12-month period. Just-cause protections generally apply after 12 months of qualifying occupancy, subject to statutory exemptions. Starting January 1, 2026, covered leases require a working stove and refrigerator, subject to statutory exceptions.
Local ordinances may offer additional protection. This guide walks through landlord-tenant rights in California.
Reviewed and updated on October 1, 2026, to reflect the laws and rules in effect as of that date.
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Table of Contents
TL;DR: California Landlord-Tenant Rights (2026)
- For covered homes, annual rent increases are limited to the lower of 5% plus the applicable cost-of-living change or 10%, calculated from the statutory baseline; a lower local cap may apply.
- Just-cause protections generally apply after qualifying occupancy, but exemptions and the added-adult rule matter; covered no-fault terminations require relocation assistance or a rent waiver.
- For covered leases entered into, amended, or extended on/after January 1, 2026, a working stove and refrigerator are generally required, subject to statutory exceptions.
- A qualifying Social Security interruption can be an affirmative defense in a nonpayment eviction only when statutory hardship conditions are proved; rent remains owed and stay/repayment rules apply.
- Deposits are generally capped at one month’s rent, with a narrow small-landlord exception; the 21-day accounting rule remains, and 2026 law sets conditional electronic-return rules.
- Qualifying periodic tenancies may opt out of a third-party internet subscription offered with the tenancy; bulk billing may still be offered.
What are landlords and tenants rights in California?
What rights do landlords have in California?
Being a landlord in California means more than collecting rent. You also have to balance your rights with tenant protections. California is often described as “tenant-friendly,” but landlords still have important rights when managing their properties.
1. Rent Collection
Landlords can collect rent as the lease provides. Before raising rent, they must give proper notice and follow state law.
2. Security Deposit Collection
California generally caps security deposits at one month’s rent. A narrow exception lets a qualifying natural-person landlord, or an LLC whose members are all natural persons, with no more than two residential properties and four total units collect up to two months’ rent; it does not apply to a prospective service member or security collected or demanded before July 1, 2024. The itemized statement and remaining balance are generally due within 21 calendar days after the tenant vacates.
3. Initiate the Eviction Process
The 2019 Act and section 1946.2 allow landlords to evict tenants only under specified conditions. Evictions require “just cause,” such as nonpayment of rent, a lease breach, or illegal activity on the property. Landlords must also give the required written notice—3 days for nonpayment or 60 days for a no-fault eviction—and follow court procedures.
California Civil Code Section 789.3 prohibits self-help evictions, such as changing the locks without a court order, to protect occupants from unlawful displacement. It also helps to understand squatter rights: removing unauthorized occupants must follow California’s legal eviction process.
4. Property Access
Section 1954 gives landlords the right to access rental units, with or without prior notice depending on the situation. No advance notice is required for emergencies such as fires, gas leaks, or burst pipes. For repairs, maintenance, or pest control, landlords must give reasonable notice to balance access with tenants’ privacy.
Landlords must also give tenants proper written notice, usually 24 hours, before showing the unit to prospective renters or buyers.
5. Withhold Security Deposits for Unpaid Rent or Damages
California landlords may apply a tenant’s security deposit to unpaid rent or property damage beyond normal wear and tear. They must provide an itemized list of damages and return any remaining deposit within 21 days, under Section 1950.5.
6. Late Fees
California has no universal 5%–10% late-fee safe harbor. A residential late charge must meet the statutory liquidated-damages rule, which generally requires actual damages to be impracticable or extremely difficult to determine. A stated percentage alone does not make a residential late charge lawful.
What Rights Do Tenants Have in California?
California’s rental rules can be a lot to take in. Here are some key tenant rights to know:
1. Right to a Habitable Rental Unit
California’s habitability rules cover essential facilities and safety conditions. For a covered lease entered into, amended, or extended on or after January 1, 2026, a dwelling is also untenantable if it substantially lacks a working stove that can safely generate cooking heat or a working refrigerator that can safely store food; the tenant-provided refrigerator option requires the statutory written acknowledgment, the tenant may later require the landlord to provide a refrigerator with 30 days’ written notice, and the tenancy cannot depend on the tenant supplying one. Specified housing exceptions apply; a recalled appliance must be repaired or replaced within 30 days after recall notice.
2. Protection Against Discrimination
Tenants in California have the right to housing without discrimination. Landlords can’t refuse to rent to someone because of color, religion, race, nationality, sex, gender, ancestry, disability status, marital status, familial status, income source, or veteran status. Tenants are also protected from discrimination based on immigration or citizenship status.
3. Right to Repair and Deduct
After giving notice and a reasonable opportunity for the landlord to act, tenants may use repair-and-deduct, but only within statutory limits: the cost cannot exceed one month’s rent, and the remedy may be used no more than twice in 12 months. Thirty days after notice creates a rebuttable presumption of reasonable time, not a universal repair deadline. Other statutory conditions and exceptions apply.
4. Right to Privacy
Except in an emergency, a landlord must give the tenant at least 24 hours’ notice before entering the property.
5. Security Deposit Protections
In general, security deposits are capped at one month’s rent. A narrow exception allows qualifying small landlords to collect up to two months’ rent; the exception does not apply to prospective service members.
Within 21 calendar days after the tenant moves out, the landlord generally must provide an itemized statement and any remaining deposit, subject to statutory rules for deductions and receipts. Separate 2026 requirements govern electronic returns when the landlord received rent or the deposit electronically.
6. Right to a Written Rental Agreement
Tenants have the right to a written rental agreement, and landlords are responsible for signing one with them to help prevent future disputes. A written agreement is required for leases of one year or more.
At a minimum, the written agreement must include:
- Rent amount and due date
- Security deposit amount
- Length of tenancy
- Names of all tenants
- Address of the rental unit
- Landlord’s name and address
- Utility responsibilities
- Pet policies
- Any other important terms
7. Right to Receive a Proper Notice Before Rent Increases
Tenants in California are entitled to proper notice of rent increases. Under Section 827, landlords must give at least 30 days’ notice before an increase of 10% or less takes effect. They must give at least 90 days’ notice if the increase exceeds the 10% cap.
What Are the Procedures for Lease Termination, Eviction, and Dispute Resolution in California?
Legal Termination Procedure in California
Ending a lease can feel overwhelming, and for good reason.
Understanding each step—including notice requirements, valid reasons, and how notice is delivered—and your rights as a tenant or landlord can make the process smoother. It can also help you avoid unnecessary penalties or legal complications.
1. Required Notice Periods for Tenants
When ending a lease in California, giving advance notice matters. Failing to do so may lead to penalties for either party and strain the landlord-tenant relationship.
2. Notice Period Requirements for Tenants
- Weekly Lease: For weekly leases, a 7-day notice is mandatory.
- Month-to-Month Lease: Tenants must provide a 30-day written notice before officially ending a month-to-month lease.
- Fixed-Term Lease: No notice is required for fixed-term leases. For early termination, however, tenants must provide a notice at least 30 days (or more) in advance.
3. Notice Period Requirements for Landlords
The required notice depends on the action and type of tenancy: a three-day notice to pay rent or quit differs from a curable three-day notice to perform covenants or quit, and from notices to quit for specified serious breaches. Covered no-fault terminations under the Tenant Protection Act have additional cause, notice, and relocation-assistance or rent-waiver requirements; check the applicable statute, local rules, and California Courts’ notice guide.
4. Reasons for Legal Lease Termination by the Tenant or Landlord
Both landlords and tenants may end a lease for valid reasons. Under California’s Tenant Protection Act, ending a tenancy without a valid reason, also called “just cause,” is illegal.
5. Tenant’s Reasons for Breaking a Lease
- Unsafe and/or uninhabitable rental unit condition, which is against Section 1941.1. This includes structural issues, lack of basic utilities, unattended repair works, etc.
- Property poses health concerns, such as exposure to asbestos or lead-based paint.
- Lease agreement breaches by the landlord.
- According to the SCRA, a tenant who’s an active military service member is allowed to break a lease if ordered to deploy or move.
- Victim of domestic violence.
6. Landlord’s Reasons for Breaking a Lease
- Rent non-payment despite regular reminders.
- Lease agreement breaches by the tenant.
- Safety threat(s) to the rental property or neighbors.
- Mutual agreement with the tenant.
7. Lease Notice Delivery
A lease notice is considered “valid” only if it is delivered in one of these three ways:
- In-Person: Directly hand over the lease termination notice to the concerned person—landlord or tenant.
- Give the Notice to Another Adult: If the original person isn’t present to receive the notice, leave the copy of the notice with another adult, followed by mailing the same to the primary recipient.
- Mail: Post the notice at the rental and then mail it to the intended person.
Eviction Process in California
California has some of the strongest tenant protections in the United States, so eviction can be challenging for landlords.
Whether you’re handling your first eviction or have done this before, the steps below break down the process.
1. Serve a Legally Compliant Eviction Notice
Before filing an unlawful-detainer case, the landlord must serve the notice that matches the legal ground. California distinguishes a three-day pay-or-quit notice, a curable three-day perform-covenants-or-quit notice, and notices to quit for specified serious breaches; the Tenant Protection Act and local ordinances may add requirements. A tenant generally has 10 court days to respond after service of the summons and complaint, excluding Saturdays, Sundays, and judicial holidays; specified address-confidentiality service adds five court days.
2. File an Unlawful Detainer Lawsuit
If the tenant does not resolve the issue or leave within the specified timeframe, the landlord’s next step is to file an unlawful-detainer lawsuit in superior court. This is required to regain possession of the property.
The landlord must file forms that include:
The landlord should also check whether any additional local forms are required.
3. Serve the Unlawful Detainer Paperwork on the Tenant
Next, the landlord must serve the tenant with the complete unlawful-detainer paperwork. The landlord cannot deliver the papers personally; someone else who is over 18 and uninvolved in the case must do so.
After delivery, a signed Proof of Service (original and a copy) needs to be submitted to the court. The tenant gets 5 days (if the paperwork was handed directly to them) or 15 days (if the paperwork was handed to someone else at the rental or posted there, followed by mailing a copy to the tenant) to reply.
4. Trial or Hearing
Depending on whether the tenant responds to the landlord’s complaint, the landlord can ask the court to set a trial date or issue a default judgment.
A copy of the default judgment must also be given to the tenant. It approves the landlord’s eviction request when the tenant does not present a defense.
5. Eviction Judgement
After announcing the default judgment, the judge will then sign a Judgment of Possession. If the landlord has strong reasons to evict the tenant, the judge might also order the former to pay the rent owed, costs incurred when filing the lawsuit, and attorneys’ fees.
6. Regain Possession of Your Rental Property
Once the court approves the Judgment of Possession, the landlord receives a Writ of Execution stamped by the court clerk and can involve the sheriff in the eviction. The sheriff serves the tenant a Notice to Vacate, giving them five days to leave.
If the tenant remains, the sheriff can step in and give the landlord possession of the property.
Dispute Resolution Options in California
Landlord-tenant disputes come up often in California. They can involve issues such as unreasonable rent increases or the unlawful withholding of security deposits.
In many cases, landlord-tenant disputes can be worked out through one of these options:
- Communicate with the other party to resolve minor misunderstandings, thus preventing legal intervention.
- Review the lease agreement to understand each other’s rights and responsibilities.
- Seek third-party mediation to reach a solution fast, saving both time and money.
- If mediation fails, file a complaint with the relevant authority. This may include the Consumer Affairs or any local housing authority.
- If legal intervention seems inevitable, hire an attorney to take the dispute to the court for a successful resolution.
What Are Landlords’ and Tenants’ Responsibilities in California?
Landlord Responsibilities in California
California law sets out landlords’ responsibilities to keep rental units livable and treat tenants fairly.
1. Prompt Repairs
Landlords must keep units habitable and address repairs within a reasonable time based on the condition. There is no universal 30-day repair deadline: the repair-and-deduct statute sets a rebuttable presumption, while appliance recalls have a separate 30-day rule after notice. Property teams can track maintenance requests with RentPost work orders without changing either party’s legal duties.
2. Respect Tenants’ Right to Privacy
Landlords must respect tenants’ privacy. They should give 24 hours’ advance notice before entering; notice may be delivered in person, posted near the entrance, or mailed at least six days beforehand.
No notice is required in emergencies, such as a fire hazard or flooding.
3. Security Deposit Refunds
The landlord generally must provide an itemized statement and return the remaining deposit within 21 calendar days after the tenant moves out. The statement must describe deductions and include receipts or invoices when required by law; an exception applies to small aggregate deductions. If rent or the deposit was received electronically, AB 414 sets conditional electronic-return rules and written-agreement alternatives.
4. No Discrimination Against Tenants
California prohibits discrimination against tenants. Landlords cannot decide whether to rent to someone based on race, national origin, religion, sex, gender, sexual orientation, gender expression, gender identity, ancestry, disability status, marital status, familial status, source of income (including Section 8 vouchers), or veteran status.
5. Make Legally Required Disclosures
Required disclosures help tenants decide whether a property is right for them, so landlords should provide them.
Common rental disclosures required by California law include:
- Use of lead-based paint in the property, if any.
- Access to the registered sexual offender database
- Utility payments
- Ordnance locations
- Pest control history
- Smoking of cigarettes
- Exposure to molds
- Methamphetamine contamination
- Death on the premises within the last 3 years
6. No Retaliation
Under Section 1942.5, landlords cannot retaliate against tenants for exercising their rights. For example, a landlord cannot evict a tenant for complaining about unlawful rent increases or requesting repairs.
Tenant Responsibilities in California
Tenants have responsibilities, too: they must care for the rental property and follow the lease during their tenancy.
1. Timely Rent Payment
Tenants must pay rent on time as set out in the lease. If they do not, they may face late fees of 5% to 10% of the monthly rent and possible eviction after a 3-Day Notice to Pay or Quit.
2. Keep the Rental Unit Clean
Tenants must keep their units clean and well maintained and use appliances and fixtures safely. They must avoid damage beyond normal wear and tear, which typically includes worn carpets, scuff marks on walls, or faded paint.
In case of major damage to the unit, landlords may charge tenants the costs of repairing it.
3. Notify the Landlord of Any Repair Work
Tenants must promptly tell the landlord about major repairs, including issues with energy or plumbing, or anything else that could affect the unit’s habitability.
4. Respect the Lease Agreement
Tenants must follow the lease throughout their tenancy. They must also respect their neighbors and follow local community policies to support a healthy environment.
California Landlord-Tenant Rental Laws
California’s renter-household figure is 39.6%, trailing only Washington, D.C., and New York. With so many landlords and renters, the state has specific laws governing their relationship.
1. Rent Control Law
For covered properties, California’s Tenant Protection Act caps annual rent increases at the lower of 5% plus the applicable cost-of-living change or 10%. The statutory baseline is the lowest gross rent charged in the preceding 12 months, excluding specified concessions or credits; the same tenant generally may receive no more than two increases in a 12-month period. For increases effective August 1, 2026 through July 31, 2027, the Attorney General lists these regional maximums: Los Angeles/Orange 8.7%; Riverside/San Bernardino 8.1%; San Diego 8.2%; Alameda/Contra Costa/Marin/San Francisco/San Mateo 8.8%; all other counties 8.6%; these are ceilings for covered properties, and a lower local rule may control.
2. Tenant Screening Law
A screening fee is limited to actual out-of-pocket information-gathering costs plus the reasonable value of the landlord’s time; the annual CPI adjustment applies, and the fee cannot exceed allowable actual costs. The landlord must provide an itemized receipt and refund amounts for reports or references not obtained.
Current law offers two alternatives: one uses written criteria and sequential consideration, while the other requires a refund to an applicant not selected within seven days after another applicant is selected or 30 days after submission, whichever comes first. A copy of the credit report must be provided within seven days after receipt.
3. Anti-Discrimination Law
California’s FEHA bars landlords from harassing or discriminating against tenants based on age, race, national origin, religion, color, sex, gender, ancestry, disability status (mental or physical), marital status, familial status, source of income, or immigration status.
The FEHA also requires property owners to follow other fair-housing policies; violations may lead to fines, lawsuits, and reputational harm.
4. Security Deposit Law
Starting July 1, 2024, California law generally limits security deposits for furnished and unfurnished units to one month’s rent. A narrow exception applies: landlords who own no more than two properties, with up to four units total, may charge up to two months’ rent.
When the tenant moves out, the landlord must return the deposit, minus any valid deductions, within 21 days.
Under 2026 rules, if the tenant paid rent or the deposit electronically, the landlord generally must return the deposit electronically unless the parties agree in writing to another method.
5. Just-Cause Eviction Law
For tenancies covered by the Tenant Protection Act, just-cause protections generally apply after 12 months of continuous lawful occupancy. Exemptions and an added-adult occupancy rule mean the 12-month shorthand does not apply in every case.
The statute lists at-fault and no-fault grounds; covered no-fault terminations require relocation assistance or a waiver of the final month’s rent, and local ordinances may add protections.
6. No Retaliation Law
California’s anti-retaliation law bars landlords from retaliating against tenants. Examples include unjust rent demands, frequent property visits without prior notice, reduced services, and illegal eviction notices.
7. Lease Agreement Law
A written agreement can record the rent, term, deposit, appliance responsibilities, and other conditions. California recognizes oral and written rental arrangements, subject to requirements for particular terms and durations. For a plain-language overview of lease terms, see this guide.
8. Notice of Entry Law
A landlord may enter only for statutory purposes. Except in specified circumstances, reasonable written notice is required; 24 hours is presumed reasonable, not a universal minimum. The notice generally states the date, approximate time, and purpose, and statutory exceptions include emergencies and other listed circumstances.
9. New 2026 Laws You Must Know
AB 628 (effective January 1, 2026). The stove and refrigerator rule applies to leases entered into, amended, or extended on/after that date, subject to housing exceptions and the limited tenant-provided-refrigerator option.
AB 246 (effective January 1, 2026; repeal scheduled January 20, 2029). A qualifying Social Security interruption may be an affirmative defense only in a nonpayment unlawful-detainer case when statutory hardship conditions are proved. Stay and repayment rules apply, and rent remains owed.
AB 414 (effective January 1, 2026). The 21-day accounting deadline remains. Electronic return depends on how rent or the deposit was received, written designation or agreement, and statutory exceptions.
AB 1414 (effective January 1, 2026). Qualifying periodic tenancies may opt out of a third-party wired, cellular, or satellite internet subscription offered with the tenancy. Bulk billing may still be offered.
How RentPost help landlords in property management with tenants?
RentPost helps landlords manage their rental properties in several ways:
- Collect Rent Online – Tenants can pay rent using a credit card or bank account, and landlords get the money automatically.
- Screen Tenants – Landlords can check a tenant’s background, credit history, and past evictions before renting to them.
- Handle Repairs – Tenants can report problems online, and landlords can assign workers to fix them quickly.
- Track Money – RentPost keeps records of all payments, expenses, and financial reports.
- Manage Leases – Landlords can handle applications, lease agreements, and tenant information in one place.
- Create Reports – The software makes reports to help landlords understand their property’s income and expenses.
RentPost property management software saves time, keeps things organized, and helps landlords care for their properties and tenants.
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Frequently Asked Questions
What tenant rights apply in California when the landlord sells the house?
In California, tenants keep their lease rights when a landlord sells the home. The new owner must honor the existing lease terms, including rent and duration, unless the lease says otherwise.
What are the notice-to-vacate requirements under California landlord-tenant law?
Landlords must give 60 days’ notice to vacate if tenants have lived there for more than a year, or 30 days if they have lived there for less than a year, unless the eviction is for “just cause.”
What does California landlord-tenant law stipulate regarding security deposits?
Landlords must return security deposits within 21 days after a tenant moves out, minus lawful deductions such as unpaid rent or repair costs for damage.
How does California landlord-tenant law address water bill responsibilities?
Tenants usually pay water bills if the lease says so. If the lease does not address water bills, the landlord typically pays them. The agreement controls.
Does California landlord-tenant law apply to commercial leases?
No. California landlord-tenant law mainly covers residential leases. Commercial leases follow different rules, which mostly depend on the contract.
Is California a landlord-friendly state?
There’s room for debate, but California is generally considered more tenant-friendly. Strict eviction rules, rent control, and other protections can make it tougher for landlords than in some states.
Does California have rent control?
Yes. The Tenant Protection Act provides statewide rent control for many older residential units, but not all.
Can landlords raise rent in California? If so, how much?
Yes. For properties covered by state rent-control laws, annual rent increases are capped at 5% plus inflation, up to 10%.
Data Sources
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1947.12
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- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1941.1
- https://oag.ca.gov/rentcaps
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- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1950.5
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1942.8
- https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1482
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- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1950.5&lawCode=CIV
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1671
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- https://www.uscourts.gov/court-programs/bankruptcy/bankruptcy-basics/servicemembers-civil-relief-act-scra
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- https://selfhelp.courts.ca.gov/eviction-tenant/summons-complaint
- https://selfhelp.courts.ca.gov/jcc-form/UD-100
- https://selfhelp.courts.ca.gov/jcc-form/UD-101
- https://courts.ca.gov/sites/default/files/courts/default/2024-11/cm010.pdf
- https://courts.ca.gov/sites/default/files/courts/default/2024-11/pos040.pdf
- https://www.dca.ca.gov/
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- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1940.7.
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1940.8.&lawCode=CIV
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1947.5.
- http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=26147.
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=25400.28.
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1710.2.&lawCode=CIV
- http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1942.5.
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1950.6
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https://www.sf.gov/reports--security-deposits- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1954
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