California landlord-tenant law FAQ
28 answers to common California landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in California?
The landlord may not collect a security deposit of more than one month's rent in addition to the first month's rent. Some small landlords and service-member tenants fall under exceptions.
Verified Source: Cal. Civ. Code § 1950.5(c)(1) · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in California?
No later than 21 calendar days after the tenant vacates, the landlord must furnish an itemized statement of deductions and return any remaining deposit. The 21 days is the deadline to send the statement and remainder (mail or personal delivery counts), not the day the tenant must receive them. Return is by personal delivery or first-class mail; if the landlord took rent or the deposit electronically, return is electronic to an account the tenant designates in writing (or another written method). Mailings go to the address the tenant provided; if none, to the vacated unit. Statute text: "No later than 21 calendar days after the tenant has vacated the premises" (Cal. Civ. Code § 1950.5(h)(1)).
Verified Source: Cal. Civ. Code § 1950.5(h) · last checked 2026-10-16 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in California?
Written notice of the date, approximate time, and purpose of entry, and entry only during normal business hours (except in emergencies). 24 hours is presumed reasonable notice; if mailed, at least 6 days before.
Verified Source: Cal. Civ. Code § 1954(d) (Browser transcription) · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in California?
Periodic (e.g., month-to-month) tenancies: written notice at least 30 days before the effective date if the increase, alone or combined with other increases in the prior 12 months, is 10% or less. Increases over 10% need at least 90 days' notice.
Verified Source: Cal. Civ. Code § 827(b) (Browser transcription) · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in California, and how much?
Under § 1671(c)(2) and (d), a liquidated-damages clause in a residential lease is void unless the parties agree to an amount presumed to be the damage, and only where actual damages would be impracticable or extremely difficult to fix. Courts apply this to late fees (Harbor Island Holdings v. Kim, 2003). No statute caps residential late fees.
Verified Source: Cal. Civ. Code § 1671(b)–(d); Harbor Island Holdings, LLC v. Kim (2003) 107 Cal.App.4th 79 · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in California?
3 days' written notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due and payment details.
Verified Source: Cal. Civ. Proc. Code § 1161(2) (Browser transcription) · last checked 2026-10-15 · Full eviction notice (nonpayment) page
Can cities in California pass rent control?
There is a statewide rent cap: covered units may not be raised more than 5% plus the change in cost of living, or 10%, whichever is lower, over any 12 months (exemptions apply).
Verified Source: Cal. Civ. Code § 1947.12(a) (Browser transcription) · last checked 2026-10-15 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in California?
Landlord: 60 days' written notice if every tenant has lived there a year or more; 30 days if anyone has lived there less than a year (or for certain sales to an owner-occupant); 90 days for tenancies with rental assistance. Tenant: notice equal to the rental period (30 days for month-to-month, 7 for week-to-week). Units covered by the Tenant Protection Act also need just cause.
Verified Source: Cal. Civ. Code §§ 1946, 1946.1, 1946.2, 1954.535 (CA DRE 2026 Landlord-Tenant Guide) · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Is a move-in or move-out inspection checklist required in California?
Before move-out, the landlord must tell the tenant in writing that they can request an initial inspection and be present for it. If the tenant asks, the inspection takes place no earlier than two weeks before the tenancy ends, with 48 hours' written notice. The landlord must give an itemized list of the proposed deductions so the tenant can fix them. No move-in checklist is required by statute.
Verified Source: Cal. Civ. Code § 1950.5(f) · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in California?
If a tenant is current on rent and has exercised legal rights or complained to an agency about habitability, the landlord may not evict, raise rent or cut services in retaliation within 180 days. Threatening to report a tenant to immigration authorities counts as retaliation.
Verified Source: Cal. Civ. Code § 1942.5(a), (c) · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in California?
A landlord may not willfully interrupt utilities (water, heat, electricity, gas and others) in order to force a residential tenant out, even if the utility service is not under the landlord's control. Lockouts and removing doors, windows or the tenant's property are also banned.
Verified Source: Cal. Civ. Code § 789.3(a)–(b) · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in California?
If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice, the tenant may make the repairs and deduct the cost from rent. The cost cannot exceed one month's rent. Acting after 30 days is presumed reasonable. Alternatively, the tenant may move out. This remedy is unavailable if the tenant caused the condition.
Verified Source: Cal. Civ. Code § 1942(a)–(c) · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in California?
The lease (or a written statement within 15 days for oral agreements) must give the name, phone and address of the manager and the owner or owner's agent, plus who receives rent, how, and in what form. The tenant gets a copy within 15 days (§ 1962). The landlord must also disclose: known former military ordnance sites within one mile (§ 1940.7), the pest-control notice if there is a periodic pest service contract (§ 1940.8), and shared gas or electric meters (§ 1940.9).
Verified Source: Cal. Civ. Code §§ 1962, 1940.7, 1940.8, 1940.9 · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in California?
For property left after the tenant moves out, the landlord must send written notice describing it and giving a claim deadline at least 15 days after personal delivery, or 18 days if mailed (§ 1983; model form § 1984). Unclaimed property must be sold at a public sale after published notice, with the net proceeds paid to the county. If it is reasonably believed to be worth less than $700, the landlord may keep or dispose of it (§ 1988). Abandonment of the unit itself requires a separate notice of belief of abandonment (§ 1951.3).
Verified Source: Cal. Civ. Code §§ 1983, 1984, 1988, 1951.3 · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in California?
A tenant can end the tenancy if the tenant, a household member or an immediate family member was a victim of domestic violence, sexual assault, stalking or another listed crime. Notice must be in writing with documentation attached, and it must be given within 180 days of the order, report or act. The tenant owes rent for no more than 14 days after giving notice.
Verified Source: Cal. Civ. Code § 1946.7(a), (b), (d), (e) · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in California?
The California Tenants guide (2026, DRE) says grace periods are common in rental agreements, typically waiving the fee if rent is paid before the 6th. It says a late fee must be a reasonable estimate of the landlord's costs, and one so high it is a penalty is not valid. It cites no statutory grace period, and some local rent ordinances limit late fees.
Verified Source: California Tenants (2026 ed.), Dept. of Real Estate · last checked 2026-10-15 · Full late fee grace period page
How much can a landlord charge for a rental application fee in California?
The application screening fee may not exceed actual out-of-pocket screening costs and is capped at $30 per applicant, adjusted annually for CPI since 1998. It can't be charged when no unit is or will soon be available.
Verified Source: Cal. Civ. Code § 1950.6(b)-(c) · last checked 2026-10-15 · Full application fees & screening page
Can a landlord refuse Section 8 or other source of income in California?
Refusing to rent, or discriminating in rental terms, because of source of income is unlawful.
Verified Source: Cal. Gov. Code § 12955 · last checked 2026-10-15 · Full source of income discrimination page
Can a tenant fix something and deduct it from rent in California?
If the landlord doesn't repair conditions that make the unit untenantable within a reasonable time after notice, the tenant may make the repair and deduct the cost from rent, up to one month's rent, or move out. The remedy can be used no more than twice in any 12 months. Acting after the 30th day following notice is presumed reasonable.
Verified Source: Cal. Civ. Code § 1942(a)-(b) · last checked 2026-10-15 · Full repair and deduct page
What happens if a tenant stays after the lease ends in California?
If a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms. The renewal runs no longer than one month when rent is paid monthly, and never more than one year.
Verified Source: Cal. Civ. Code § 1945 · last checked 2026-10-15 · Full holdover tenants page
Does a landlord have to give notice before not renewing a lease in California?
A residential lease clause that renews or extends the lease automatically is voidable by the party who didn't prepare the lease, unless the clause is in at least 8-point bold type in the lease body and a bold notice of it appears just above where the tenant signs.
Verified Source: Cal. Civ. Code § 1945.5 · last checked 2026-10-15 · Full lease renewal / non-renewal notice page
Can a tenant withhold rent for repairs in California?
A landlord may not demand or collect rent, raise the rent, or serve a 3-day notice to pay rent or quit when all of these apply: the unit is substandard, a housing inspector has given the landlord notice, and the conditions have gone uncorrected for the period set in the statute.
Verified Source: Cal. Civ. Code § 1942.4(a) · last checked 2026-10-15 · Full rent withholding / escrow page
Does a landlord need just cause to evict in California?
Yes, statewide (Tenant Protection Act). Once a tenant has lived in a unit lawfully for 12 months, the owner may end the tenancy only for an at-fault or no-fault just cause stated in the notice. Some housing is exempt, a stricter local ordinance can apply instead, and the section is set to repeal on January 1, 2030. Code text: "after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy."
Verified Source: Cal. Civ. Code § 1946.2(a), (g), (n) (Browser transcription) · last checked 2026-10-16 · Full just-cause eviction page
What is the domestic violence early termination rule in California?
A tenant may give notice to end the tenancy if the tenant, a household member or an immediate family member was a victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse or certain other crimes. Code text: "A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following: (1) Domestic violence."
Verified Source: Cal. Civ. Code § 1946.7(a) · last checked 2026-10-16 · Full domestic violence early termination page
What is the military lease termination (federal scra, all states) rule in California?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
How much does it cost to file an eviction in California?
Limited civil unlawful detainer first-paper filing fees are $240 when the amount demanded is up to $10,000, and $385 when it is over $10,000 up to $35,000 (statewide schedule effective January 1, 2026). Those totals already include the extra $15 under CCP § 1161.2; unlimited-civil UD filings over $35,000 are $435, and a few counties add local courthouse-construction surcharges. Schedule text: "Complaint or other first paper in unlawful detainer (amount up to $10,000) GC 70613(b), 70602.5, CCP 1161.2 $ 240*" / "Complaint or other first paper in unlawful detainer (amount over $10,000 up to $35,000) GC 70613(a), 70602.5, CCP 1161.2 $ 385*" (footnote: "These amounts incorporate the additional $15 fee under CCP 1161.2 charged to plaintiffs in limited civil unlawful detainer cases.").
Verified Source: Cal. Gov. Code § 70613; Cal. Civ. Proc. Code § 1161.2; Judicial Branch Statewide Civil Fee Schedule (eff. Jan. 1, 2026) · last checked 2026-10-16 · Full eviction filing fees page
What rights does a tenant have after foreclosure in California?
After a foreclosure, California tenants usually get at least 90 days' written notice before they have to move, and a fixed-term lease is generally honored unless the new owner will live there (still with 90 days' notice). Local just-cause rules can add more protection. Statute text: "you usually get a notice giving you at least 90 days before you have to move. The new owner generally must honor existing rental agreements. If you have a fixed-term lease (like a year), they generally must honor the lease. If the new owner intends to move in, you will likely have to leave but have the right to 90 days’ notice. If you have a month-to-month rental agreement, they can: Offer you a new rental agreement, or End your agreement but only after giving you at least 90 days’ notice. If yo" (Cal. Courts Self-Help: Tenants' rights in a foreclosure).
Verified Source: Cal. Courts Self-Help: Tenants' rights in a foreclosure (90 days' notice) · last checked 2026-10-16 · Full foreclosure tenant protections page
Can a landlord deny a tenant for criminal or credit history in California?
California FEHA fair-housing regulations bar landlords from using arrests that did not lead to conviction, sealed/expunged/dismissed convictions, juvenile adjudications, or a "blanket ban" on all people with a criminal record. Adverse action based on a conviction must rest on a directly related conviction tied to a substantial, legitimate, nondiscriminatory interest (nature, severity, and time elapsed matter). Statute text: "It is unlawful for a person to: (1) Seek, consider, use, or take an adverse action based on criminal history information about any arrest that has not resulted in a criminal conviction; ... (5) Implement a "blanket ban" or categorical exclusion practice that takes adverse action against all individuals with a criminal record regardless of whether the criminal conviction is directly related to a demonstrable risk to the identified substantial, legitimate, nondiscriminatory interest or purpose." Credit reporting lookbacks and FCRA/CCRAA notice rules also apply.
Verified Source: 2 C.C.R. §§ 12265, 12266, 12269 (FEHA housing regs, Art. 24) · last checked 2026-10-16 · Full criminal & credit history rules page
California cities with their own rules
- Alameda landlord rules
- Aliso Viejo landlord rules
- Antioch landlord rules
- Avalon landlord rules
- Azusa landlord rules
- Bakersfield landlord rules
- Baldwin Park landlord rules
- Barstow landlord rules
- Bell Gardens landlord rules
- Berkeley landlord rules
- Beverly Hills landlord rules
- Bishop landlord rules
All California landlord-tenant law
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