California Landlord Tenant Rights [2025]

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California Landlord Tenant Rights

Renting in California involves understanding Landlord tenant rights in California. 

Both landlords and tenants have important rights to ensure a fair rental experience. 

Landlords can collect rent and manage their properties, while tenants have the right to a safe home and protection from unfair treatment. 

Let’s understand these rights to help everyone navigate the rental process smoothly.

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What are landlords and tenants rights in California? 

What rights do landlords have in California?

Being a landlord in California isn’t just about collecting rent—it’s about balancing your rights with tenant protections. While the state is largely “tenant-friendly,” the landlords still have key rights to manage their properties smoothly. 

1. Rent Collection

Landlords can collect rent from their tenants as agreed in the lease agreement—it’s their right! They just need to give proper notice for future hikes, if any, and follow state laws. Fair and simple!

2. Security Deposit Collection

The CA Civ. Code § 1950.5 applies to the collection and return of a security deposit for a residential rental property. This deposit amount varies with the unit being leased, i.e., furnished or unfurnished. 

In the case of a furnished residential property, landlords can collect an amount equal to three months’ rent as security. It can’t exceed two months’ rent for an unfurnished unit, though. Moreover, the above cap is one month lower (two months for furnished units and one month for unfurnished units) for tenants who are active service members.

Regarding security deposit repayment, landlords must return the deposit amount within 21 days from the date the tenant moves out.

3. Initiate the Eviction Process 

Landlords have the right to evict lessees under specific conditions outlined in the Tenant Protection Act of 2019 (AB 1482) and CA Civ. Code § 1946.2. Evictions require “just cause,” such as non-payment of rent, breach of lease terms, or illegal activities on the property. Landlords must also provide appropriate written notice—3 days for non-payment or 60 days for no-fault evictions—and follow legal court procedures. 

Self-help evictions, like changing locks without a court order, are prohibited under CA Civ. Code § 789.3 to protect occupants from unlawful displacement.

4. Property Access

CA Civ. Code § 1954 grants landlords the legal right to access rental units, with or without prior notice, depending on the situation. No advance notice is needed for emergencies, be it fires, gas leaks, or burst pipes. For repairs, maintenance, or pest control, landlords must provide tenants with reasonable notice to ensure a balance between access and privacy. 

Landlords must also give tenants proper written notice, usually 24 hours, before showing the unit to new renters or actual buyers. 

5. Withhold Security Deposits for Unpaid Rent or Damages

In California, landlords can withhold a tenant’s security deposit against unpaid rent or property damage beyond regular wear and tear. It’s a simple way to cover costs, but landlords must send a detailed list of the damage(s) incurred and any leftover deposit within 21 days, per CA Civ. Code § 1950.5.  

6. Charge a Returned Check and Late Fee

California landlords can charge fees for returned checks and late rent payments—a straightforward fix allowed under CA Civ. Code § 1719. They can collect up to $25 for a first bounced check ($35 after) and a fair late fee if it’s in the lease. While there are restrictions on maximum late fees, most landlords keep it around 5% to 10% of the month’s rent, with 5% being the average.  

💡 FURTHER READING:

What Rights Do Tenants Have in California? 

Renting in California may feel like a rollercoaster, but don’t worry. Here are some important tenant rights to know:

1. Right to a Habitable Rental Unit

Lessees have the right to a habitable rental unit with safe plumbing and heating systems, working electrical appliances, sturdy railings, flooring, and staircases, and adequate waterproofing. The unit must also have proper locks and security systems in place, as well as an operable deadbolt on each main swinging entry door of the unit. 

2. Protection Against Discrimination

Tenants have the right to occupancy in California. Landlords can’t turn them down due to their color, religion, race, nationality, sex, gender, sex, gender, ancestry, disability status, marital status, familial status, income source, and veteran status. In addition, tenants are protected from discrimination against their immigration or citizenship status. 

3. Right to Repair and Deduct

In situations where the landlord fails to make repairs despite repeated requests, the tenant can use their “Repair and Deduct” right under CA Civ. Code § 1942.  

The law states:

“If within a reasonable time after written or oral notice to the landlord or his agent, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month’s rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.”

4. Right to Privacy 

Except for emergency situations, the landlord must notify the tenant at least 24 hours in advance before visiting the property. 

5. Security Deposit Protections

Effective July 1, 2024, the security deposit amount is legally capped at 1 month’s rent for both unfurnished and furnished units. Moreover, it must be refunded within 21 days after the tenant moves out, along with an itemized statement of deductions, if any.  

6. Right to a Written Rental Agreement

It’s the tenant’s right and the landlord’s responsibility to mutually sign a well-written rental agreement to avoid future disputes. This is particularly mandatory for leases of one year or more. 

This written agreement must at least include the following details:

  • 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

In California, the tenant is entitled to receive a proper rent increase notice from their landlord. CA Civ. Code § 827 mentions that if the rent increase is 10% or less, landlords must provide at least 30 days’ notice before it takes effect. However, the landlord must provide at least 90 days’ notice if the new rent exceeds the 10% cap. 

What Are the Procedures for Lease Termination, Eviction, and Dispute Resolution in California?

Lease termination can be overwhelming and for good reasons. 

However, understanding the whole procedure step-by-step (notice requirements, justifiable reasons, and notice delivery) and your rights as a tenant or landlord can make it much smoother, helping you prevent unnecessary penalties or legal complications later.  

1. Required Notice Periods for Tenants

An advance notice is crucial for breaking a lease in CA. Failure to do so not only invites potential penalties for both parties but also leads to bitter landlord-tenant relationships in the future. 

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

  • For Rent Non-Payment: Landlords can use the 3-Day Notice to Pay Rent or Quit if their tenants are behind on rent.  
  • For Lease Term(s) Violations: In case of violating lease term(s), landlords have the right to serve a 3-Day Notice to Quit. 
  • For No-Cause Terminations: Landlords must provide a 30-day notice to tenants if they’ve rented for less than one year, and a 60-day notice if the unit has been occupied for one year or more. 

Both landlords and tenants have the right to call it quits on a lease, as long as they’ve got justifiable reasons. This is because ending a tenancy without a valid cause, also called “just cause” is illegal under California’s Tenant Protection Act.  

5. Tenant’s Reasons for Breaking a Lease

  • Unsafe and/or uninhabitable rental unit condition, which is against CA Civ. Code § 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 Servicemembers Civil Relief Act, 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 

Lease notices are considered “valid” only if delivered through any of the following 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 one of the strongest tenant protections in the United States, making the eviction process challenging for any landlord. 

It doesn’t matter if you’re evicting a tenant for the first time or you’ve got prior experience, this section simplifies the eviction process by breaking it down into actionable, easy-to-understand steps. 

1. Serve a Legally Compliant Eviction Notice 

In California, the eviction process begins with a legally required notice, depending on the situation. Common notices include:

  • 3-Day Notice to Pay Rent or Quit (for unpaid rent)
  • 3-Day Notice to Perform Covenant or Quit (for lease violations)
  • 3-Day Notice to Cure or Quit (for fixable issues)
  • 3-Day Unconditional Quit Notice (for serious violations)
  • 30-Day or 60-Day Notice to Vacate (for ending tenancy)

This notice can be delivered in person, handed over to an adult in the absence of the renter, or posted at the rental and then mailed to the tenant. 

2. File an Unlawful Detainer Lawsuit

The next step is to file an Unlawful Detainer Lawsuit in the superior court if the tenant doesn’t resolve the issue or vacate the property within the specified timeframe. This is crucial to regain possession of the property. 

To do this, the landlord must submit certain forms, including:

It’s also recommended to enquire about any additional local forms, if any. 

3. Serve the Unlawful Detainer Paperwork on the Tenant

Next, the landlord must serve the complete Unlawful Detainer Paperwork to the tenant. However, the landlord can’t personally deliver these papers—someone else, over 18 and uninvolved in the case, must do it.

After delivery, a signed Proof of Service form (original + 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

Based on whether the tenant responds to the landlord’s complaints, the latter can ask the court for a trial date or default judgment. 

Note that this default judgment, whose copy must also be shared with the tenant, approves the landlord’s eviction request in the absence of defense from the opposite party. 

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 Judgment of Possession gets approved by the court, the landlord gets a Writ of Execution stamped by the court clerk, allowing them to involve the sheriff for the eviction. The sheriff’s role is to serve the tenant a Notice to Vacate, giving them five days to leave. 

If the tenant stays, the sheriff can personally step in to give the landlord complete possession of the property.

Dispute Resolution Options in California

Landlord-tenant disputes aren’t uncommon in California. From unreasonable rent hikes to withholding security amounts illegally, several disputes can arise during a tenancy. 

Fortunately, most landlord-tenant disputes can be resolved through the following 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 California Department of 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

The state of California lays out clear landlord responsibilities to ensure rental units are livable and fair for everyone renting.

1. Prompt Repairs

The landlord must carry out necessary repairs without fail. While urgent repairs (e.g., faulty electrical wiring, no hot water, or pests) that can put the tenant’s life or health at risk should be completed immediately, other non-urgent repairs should be taken care of within 30 days, unless otherwise agreed upon. Examples of non-urgent issues are broken appliances, such as a microwaves, refrigerators, washing machines, etc.

It’s also the responsibility of the tenant to notify their landlord of any repair or maintenance work well in advance, either orally or in writing. 

2. Respect Tenants’ Right to Privacy

By law, landlords must respect their tenant’s right to privacy. They should give a proper 24-hour advance notice to enter the property. Notice can be delivered in person, posted near the entrance, or mailed at least six days prior.

Only in emergencies, such as fire hazards or flooding, no notice is required. 

3. Security Deposit Refunds

The security deposit, if held, must be refunded to the tenant within 21 days after they move out. In case of any deductions, the itemized statement must list what was deducted and why. The landlord must also attach a copy of any invoices or receipts with this itemized statement for deductions exceeding $125.  

4. No Discrimination Against Tenants

Any type of discrimination against tenants is strictly prohibited in California. Landlords can’t decide whether to rent their apartment just based on someone’s race, national origin, religion, sex, gender, sexual orientation, gender expression, gender identity, ancestry, disability status, marital status, familial status, source of income (Section 8 Vouchers, for example), or veteran status.  

5. Make Legally Required Disclosures

Landlords should make certain legally required disclosures to tenants to help them decide whether a particular property is a good match for them.

Below is the list of the most common rental disclosures required by California law:

6. No Retaliation

Landlords can’t retaliate against tenants for exercising their rights, as stated under CA Civ. Code § 1942.5. For example, a landlord can’t evict a tenant if the latter complaints about unlawful rent hikes or asks for repairs.  

Tenant Responsibilities in California

Renting out in CA means facing real responsibilities! From keeping the landlord’s property in good shape to sticking to the lease rules, here’s what tenants need to take care of during their time in sunny California.

1. Timely Rent Payment

Renters are supposed to pay their rent on time and as mentioned in the lease agreement. Failure to do so can lead to late fees of 5% to 10% of the monthly rent and potential eviction after a 3-Day Notice to Pay or Quit.  

2. Keep the Rental Unit Clean

Tenants are responsible for keeping their units clean and well-maintained, and for using appliances and fixtures safely. They must also avoid damaging the unit 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 them the costs of repairing it.

3. Notify the Landlord of Any Repair Work

Tenants must promptly notify their landlord of any major repair work, be it related to energy, plumbing, or anything that can affect the unit’s habitability. 

4. Respect the Lease Agreement

Finally, every tenant is bound to respect the lease agreement throughout their tenancy. They must also respect neighbors and follow local community policies to foster a healthy environment for everyone. 

California Landlord-Tenant Rental Laws

California has a 39.6% share of renter households in the United States, trailing only Washington DC and New York. With so many landlords and renters out there, it’s no surprise why the state has specific laws to keep the landlord-tenant relationship intact!

1. Rent Control Law

Before 2019, California had no statewide rent control, meaning landlords could increase rent without any restrictions unless local laws said otherwise. Rent control was entirely up to individual cities and counties, and only about 39 of them had any type of rent cap. In most other areas, landlords were free to raise rent by any amount when renewing a lease or sending a rent increase notice, as long as they followed the terms in the rental agreement.  

That changed with the Tenant Protection Act (AB 1482), which provides statewide rent control and tenant protections. Under this law, annual rent increases are now capped at 5% plus the local inflation rate (CPI) or 10%, whichever is lower, until January 1, 2030. This means landlords can no longer impose excessive rent hikes in a short period, helping tenants avoid sudden, unaffordable increases.   

While AB 1482 applies to many rental properties, some exceptions exist, such as newer buildings (constructed in the past 15 years) and single-family homes not owned by corporations. Local rent control laws may also provide even stricter limits in certain cities.

2. Tenant Screening Law

Landlords in California can screen applicants by following the government and local guidelines, but they should also protect applicants’ rights to ensure fair, non-discriminatory practices. 

Statewide rules say that landlords can charge a screening fee, capped at $65.37 as of 2024, to cover costs like background and credit checks, and any unused amount should be returned. If asked, landlords must share the screening report with applicants and reveal the reporting agency so errors can be challenged. They can’t discriminate based on things like race, gender, disability, or use of Section 8 vouchers, as state law protects against this. 

Also, landlords must handle credit reports carefully, using them only for screening and keeping the information secure under California Consumer Privacy Act (CCPA). 

3. Anti-Discrimination Law

In California, the Fair Employment and Housing Act (FEHA) bars landlords from harassing or discriminating against lessees on the basis of their age, race, national origin, religion, color, sex, gender, ancestry, disability status, marital status, disability (mental or physical), familial status, source of income, and immigration status. 

The FEHA also requires property owners to follow other fair housing policies to avoid potential fines, lawsuits, and reputational harm.  

4. Security Deposit Law

July 1, 2024 onwards, landlords can only ask for 1 month’s rent as security deposit, regardless of whether their apartment is furnished or unfurnished. This deposit amount’s sole purpose is to help the landlord pay repair bills if the tenant causes any damage to the rental unit or breaks the lease without paying rent. 

When the tenant moves out, the landlord must return the deposit, minus any legit deduction(s), within a period of 21 days. The allowed deductions include:

  • Due rent
  • Cost incurred for repairing damage beyond normal wear and tear
  • Costs incurred for cleaning the property

5. Just-Cause Eviction Law

California’s just-cause eviction law protects tenants by requiring landlords to have a valid reason to evict them after they’ve lived in a rental for at least 12 months. “At-fault” reasons include not paying rent or breaking lease rules. “No-fault” reasons, like the landlord moving in or renovating, require relocation help for tenants. 

This law, part of the Tenant Protection Act of 2019, stops unfair evictions and gives lessees more security. Local laws in some cities might add extra rules, so both landlords and tenants should check those too for full protection.

6. No Retaliation Law

California’s no retaliation law prevents landlords from initiating retaliatory actions against tenants. This includes but isn’t limited to unjust rent demands, frequent property visits without prior notice, service reductions, or serving illegal eviction notices. 

7. Lease Agreement Law

While both oral and written lease agreements are valid under the law, written agreements are advisable to avoid misunderstandings in the future, especially for leases of one year or more. 

The lease agreement is considered valid only if it includes the following information/clauses:

  • Renter(s) information
  • Rental property description
  • Lease terms
  • Duration of the lease
  • Security deposit details
  • Rent amount
  • Rent due date and late fees
  • Sublet rules, if applicable 
  • Pet policy
  • Access to premises (right to entry)
  • Necessary disclosures as per the law
  • Smoking policy

8. Notice of Entry Law

California law says landlords must give tenants at least 24 hours’ written notice before entering a rental unit, except in emergencies like a fire or flood. The notice must say when they’ll come (must be during normal business hours) and why, like for repairs or showing the place to buyers. If mailed, it needs six days’ notice. 

Tenants can agree to let the landlord in without notice, but landlords can’t enter whenever they want—only for specific reasons like fixing something or checking the property.

How RentPost help landlords in property management with tenants?

rentpost software

RentPost makes it easier for landlords to manage their rental properties. Here’s how it helps:

  • 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 take better care of 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 even if the landlord sells the house. This is because the law requires the new owner to honor the existing lease terms, like 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 for tenants who’ve lived there over a year, or 30 days for less than a year, unless it’s a “just cause” eviction.

What does California landlord-tenant law stipulate regarding security deposits?

Landlords must return security deposits within 21 days after a tenant moves out, minus any lawful deductions like unpaid rent or damage repairs.

How does California landlord-tenant law address water bill responsibilities?

Tenants usually pay water bills if the lease says so. If it doesn’t have any clause for the same, the landlord typically covers it. But again, it depends on the agreement.

Does California landlord-tenant law apply to commercial leases?

No, California landlord-tenant law mainly covers residential leases. Commercial leases follow different rules, mostly based on the contract terms. 

Is California a landlord-friendly state?

That’s a debatable topic, but as far as things go, not really! California is mostly tenant-friendly with strict eviction rules, rent control, and protections, making it tougher for landlords than some states. 

Does California have rent control?

Yes, California has statewide rent control under the Tenant Protection Act, limiting rent increases for many older residential units, but not all.

Can landlords raise rent in California? If so, how much?

Yes, landlords can raise rent, but it’s capped at 5% plus inflation (max 10%) per year for covered properties under state rent control laws.

Author

  • jacob thomason rentpost

    Jacob Thomason is the CEO and co-founder of RentPost, a powerful software platform designed to streamline property management for landlords, property managers, and owners. A seasoned software entrepreneur, Jacob brings a wealth of expertise spanning business concept design, software architecture, and development. Since 2009, he has been at the helm of RentPost, helping property professionals simplify operations and maximize efficiency.

    View all posts CEO

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