California Landlord-Tenant Law

California's landlord-tenant laws are more articulated than almost any other state. Not only does California allow rent control, but tenants also have substantially more protections against unfair housing practices in California. As a landlord in the Golden State, it's your responsibility to be familiar with these laws and regulations, proactively follow them, and seek legal guidance when necessary.

The laws that govern the rights and responsibilities of both landlords and tenants in California are found in California's official state statutes. Before enforcing your own rental policies, be sure you know these laws. They cover everything from what landlords must disclose to new tenants and how much they can charge for late fees and security deposits to the length of notice required before a tenant can be evicted.

These laws are subject to change, and the summary we provide here is not exhaustive. Therefore, it's important to review the California state law code yourself and seek professional legal advice with any questions about laws that apply to residential rental properties, especially local laws. There may be penalties if a landlord fails to adhere to California rental laws.

Rights and Responsibilities of California Landlords and Tenants

California landlords and tenants each have certain rights and responsibilities. The lease agreement is the primary document that establishes these for each party.  However, landlords are also obligated to ensure that their policies comply with both state and federal law. When both landlords and tenants adhere to these rights and responsibilities, better communication, retention, and overall satisfaction tend to follow.

Below is a brief overview of the rights and responsibilities of both landlords and tenants in California.

California landlords have the right to:

• Collect rent according to the lease agreement.
• Collect and hold a security deposit for the lease term. In California, the maximum a landlord can charge for a security deposit is between one and two month's rent.
• Withhold funds from the deposit for unpaid rent, damage beyond normal wear and tear, or other unpaid fees. 
• Screen all residents of a rental unit, including ones added later.
• Enter the rental unit from time to time for inspections, showings, repairs, etc.
• Initiate the eviction process to terminate the lease if a tenant fails to pay rent, engages in illegal activity on the premises, or otherwise violates the lease agreement.
• Establish and enforce all others lease agreement terms (e.g., pets, guests, parking, etc.), as long as they are compliant with California landlord-tenant law.

California landlords are responsible for:

• Providing safe, habitable housing. This includes maintaining the property's structural integrity, plumbing, electricity, HVAC system, fixtures and wiring, water, trash, etc. according to California's Implied Warranty of Habitability.
• Complying with all health, safety, and building codes. California's Health and Safety Code (HSC) can be found here.
• Addressing maintenance and repair requests within a reasonable timeframe. Usually this means within 24-48 hours for emergencies or critical repairs and 30 days for non-critical repairs. 
• Adhering to fair housing laws. This means complying with the federal Fair Housing Act (FHA) and California's fair housing laws, especially during tenant screening.
• Providing reasonable advanced notice before entering the rental unit. In California, landlords must give at least 24 hours' notice before entering for non-emergency reasons.
• Maintaining common areas. Common areas include hallways, laundry rooms, gyms, sidewalks, parking lots, and other shared spaces.
• Paying the property taxes and insurance premiums for the property. These costs are often passed on to tenants through the rent pricing, but landlords are responsible for making the payments and maintaining appropriate coverage. 
• Following the proper legal procedures for evictions. Landlords cannot evict tenants without a court order and must follow the California eviction process.
• Returning the security deposit within 21 days after a lease ends.

California tenants have the right to:

• Safe, habitable housing. Tenants have a right to housing with working utilities and appliances and that is free from pests, weather damage, and environmental hazards.
• Legal justice in cases of landlord negligence, harassment, or discrimination. Tenants can sue landlords for violating the lease or breaking the law.
• Prompt maintenance and repairs. Emergencies and critical repairs should be made within 24-48 hours.
• Privacy and security in their home. This means working locks and no excessive entry by the landlord.
• Advanced notice before rent increases, terminations, evictions, or entry. Landlords must send advanced notice before any of these events.
• "Quiet enjoyment" of the property. All tenants are entitled to use the property without intrusion or excessive disturbances from the landlord or neighbors.
• Protection from retaliatory evictions. Tenants cannot be evicted for exercising their legal rights, filing a complaint against the landlord for violations, or reporting unsafe conditions.
• Repair and deduct remedies in some cases. In certain cases, California tenants can withhold rent or deduct the cost of repairs from rent if the landlord fails to maintain the property.

California tenants are responsible for:

• Paying rent on time. This includes all late fees and any utilities the tenant is responsible for.
• Complying with all lease terms, so long as those terms comply with California state law.
• Keeping the unit in clean and safe condition. This involves maintaining general sanitation, disposing of trash, etc.
• Reporting maintenance problems promptly, especially emergencies.
• Making some minor repairs, like replacing the batteries in smoke detectors or carbon monoxide detectors.
• Paying for damage caused by their own or a guest's negligence. Tenants are responsible for any damage a guest may cause to the property.
• Providing advanced notice of non-renewal. If a tenant does not intend to renew their lease at the end of the lease term, they must inform their landlord with reasonable advanced notice.
• Not using the rental unit for an unintended purpose. For instance, if the property is residential, tenants cannot use it to run a business.

California Required Disclosures 

Required disclosures are legally mandated information that a landlord must provide to tenants before entering into a lease agreement. These disclosures often inform tenants about their legal rights, potential hazards in the property, and policies the landlord enforces.

In California, there are many required disclosures. The following disclosures are typically included in the lease agreement, but some may require additional documentation.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Landlord/Agent Identity (Cal. Civ. Code § 1962(4)). Landlords must disclose the name, phone number, and street address of all people who are authorized to manage the premises on behalf of the owner, including those who perform services and collect rent. This is typically done within the lease agreement for a rental unit.
• Bedbugs (Cal. Civ. Code § 1954.603). Landlords must give prospective tenants information about bed bugs, their behavior and biology, and the importance of tenant cooperation for preventing infestations. The disclosure must also urge tenants to submit written reports of suspected infestations in the rental property as quickly as possible. 
• Pest Control (Cal. Civ. Code § 1940.8). Landlords who have previously hired a pest control service must provide tenants with a copy of a notice from the company. The notice must describe the pest to be controlled, the pesticide(s) used and their active ingredients, the frequency of the treatment, and a disclosure about the adverse effects of toxic chemicals in pesticides.
• Demolition (Cal. Civ. Code § 1940.6). Landlords must disclose in writing their intent to demolish a rental unit.
• Flooding (Cal. Gov't. Code § 8589.45). In leases signed after July 1, 2018, landlords must disclose that a property is in a flood hazard area or an area of potential flooding. The latter may be established by a receipt from a public agency, the landlord’s obtainment of flood insurance, or the landlord’s mortgage holder’s requirement to hold flood insurance. Landlords must also provide certain emergency resources and advise tenants to purchase renter’s insurance, as landlord insurance will not cover tenants’ lost property. 
• Mold (Cal. HSC § 26147). If the landlord is aware of mold growth that exceeds exposure limits or otherwise poses a health threat according to the department’s guidelines, they must provide California tenants with a written disclosure describing it. The disclosure must be provided prior to signing the lease and to current tenants “as soon as is reasonably practical.”
• Methamphetamine Contamination (Cal. HSC § 25400.28). If a property has been contaminated by methamphetamine laboratory activities, the landlord must provide a written notice of a remediation order to prospective tenants. The notice should be attached to the rental agreement and acknowledged by the tenant before signing a lease.
• Shared Utilities (Cal. Civ. Code § 1940.9). Landlords are obligated to disclose whether gas, electric, or other utilities are shared between units. Landlords must also describe how costs will be fairly allocated if shared between tenants.
• Smoking Policy (Cal. Civ. Code § 1947.5). Landlords must disclose the smoking policy in leases signed after January 1, 2012, and state where smoking is allowed, limited, or prohibited.
• Just Cause and Rent Limit (Cal. Civ. Code § 1946.2). Landlords of most types of housing must include information about the California Tenant Protection Act (AB 1482) in every rental agreement. According to this law, landlords must have “just cause” to evict a tenant. The law also caps annual rent increases at 5% plus the local CPI (inflation rate) or 10% - whichever is lower. 
• Ordnance Locations (Cal. Civ. Code § 1940.7). Landlords must disclose the locations of former federal or state ordnances (areas used for military training) within a mile of the property.
• Deaths on the Property (Cal. Civ. Code § 1710.2). Landlords are required to disclose any deaths that have occurred on the property within the past three years. Landlords are not obligated to disclose that a past occupant died from HIV or AIDS.
• Megan’s Law/Sex Offenders (Cal. Civ. Code § 2079.10a). Landlords must provide information (a pre-written clause) about the national sex offender registry made available by the Department of Justice.  

Additional Reading: California Residential Lease Agreement

California Rent and Fee Laws

California is one of the few states with state-wide rent control. This means the state government has designated certain limits and regulations for rent increases that landlords must follow when pricing their units. Additionally, California also regulates payment method options for rent, application fee amounts, and other aspects of rent payments. 

Rent Payments

• Due Date: Rent in California is due at the end of the month, unless the lease says otherwise (Cal. Civ. Code § 1947). Most landlords will specify a specific day of the month on which rent is due.
• Electronic Payments: California landlords must allow tenants to pay rent and security deposits by at least one method that is neither cash nor electronic funds transfer. There is one exception: if a tenant’s check has bounced in the past, the landlord may require the tenant to pay in cash as the exclusive form allowed for up to three months (Cal. Civ. Code § 1947.3). 
• Rent Control: California recently instated state-wide rent control. In any given 12-month period, landlords must not increase the rent more than the lesser of the following: 5% plus the percentage change in the cost of living (as per the Consumer Price Index), or 10% of the lowest rent charged during the past year (California Tenant Protection Act). If the lease is from week-to-week or month-to-month, the landlord must give 30 days’ notice to increase rent by more than 10% and 60 days’ notice for increases greater than 10% (Cal. Civ. Code § 827(b)(2-3)).
• Grace Period: There is no required grace period for rent in California. However, many landlords choose to instate a 3- to 5-day grace period.

Fees

• Application Fees: Nonrefundable application fees less than $30 (adjusted annually for inflation) are permitted (Cal. Civ. Code § 1950.6). The current maximum since March 2022 is $52.46 per applicant. 
• Late Fees: Late fees are a subject of confusion in California, even among lawyers. Most agree that late fees are only permitted if the landlord includes them in the lease agreement. They must also be “reasonable” (typically 5-10%), representative of the actual damages suffered by the landlord, and compliant with local rent control laws (Cal. Civ. Code § 1671).  
• NSF/Bounced Check Fee Maximum: Landlords can charge up to $25 for the first bounced check and $35 for each additional one (Cal. Civ. Code § 1719).  

Tenant Remedies

• Withholding Rent: Tenants may withhold rent if a landlord doesn’t maintain standards of habitability (Green vs. Superior Court, 1974). 
• Repair and Deduct Remedy: Tenants can arrange for a repair to the rental property and deduct the cost from rent when a landlord fails to make a necessary repair. However, the cost of the repair must be less than one month’s rent, and the tenant cannot use this remedy more than twice in 12 months (Cal. Civ. Code § 1942). 

California Security Deposit Laws

Regulations surrounding security deposits—including how they should be collected, stored, and refunded—are common in every state. A few important California security deposit laws are below:

• Deposit Limit: Security deposits in California are limited to 2 months’ rent for unfurnished units or 3 months’ for furnished units. This includes all cleaning and pet fees (Cal. Civ. Code § 1950.5, 1940.5g). 
• Interest: There is no state statute requiring landlords to pay interest on security deposits to tenants. However, 15 localities in California have rent control laws requiring interest payments. 
• Return Within: 21 days after lease termination (Cal. Civ. Code § 1950.5g). 
• Deposit Location: California landlords are not required to keep security deposits in a separate bank account. However, it's always good practice to keep security deposits (and all rent) separate from other income.
• Withholding Funds From the Deposit: Landlords can withhold amounts from the security deposit that are necessary, reasonable, and not part of ordinary wear and tear. Landlords must also provide an itemized list of damages and charges (Cal. Civ. Code § 1950.6). 

California Tenant Screening and Fair Housing Protections 

What actions are considered housing discrimination?

Tenants have legal protection against unfair housing practices in every state. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits unlawful discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:

• Accepting or denying tenant applications
• Choosing the methods they will use to screen tenants
• Advertising units
• Writing listings
• Deciding to increase rent
• Allocating rent credits or discounts
• Providing maintenance and service to the property
• Evicting tenants
• etc.

What are the protected classes in California?

The FHA specifically protects tenants from discrimination based on the following seven protected classes. This means that landlords cannot use a tenant's membership in any of the classes below to justify housing decisions:

• Race
• Color
• Religion
• Gender
• National origin
• Familial status
• Disability

In addition to the above federal protections, California landlords are also responsible for complying with state fair housing regulations. Fair housing laws in California (Cal. Gov. Code § 12955-12956.2; Fair Employment and Housing Act; Unruh Civil Rights Act) add the following protected classes:

• Sexual orientation
• Gender identity/expression 
• Ancestry
• Marital status
• Veteran/military status
• Source of income
• Genetic information
• Pregnancy
• Age
• Primary language
• Citizenship/immigration status
• Pregnancy 

NEW! 2025 Updates

In 2024, California passed a bill to expand the Unruh Act. Under the new law, the term 'race' includes associated traits like hair texture and protective hairstyles. Discrimination based on these traits is prohibited in all business establishments, including rental businesses.

Additionally, SB1137 now recognizes the concept of intersectionality in California civil rights law, prohibiting discrimination based on a combination of multiple protected characteristics in addition to a single characteristic.

Use of Credit Reports

California landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. Landlords must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial. 

Use of Criminal Histories

Criminal history is not currently a protected class under California state law. It is generally legal for housing providers to run criminal background checks; however, some counties and cities in California prohibit landlords from seeking or asking about applicants’ criminal histories.

In general, criminal background checks in California must be run in a consistent, equal manner and must not have a discriminatory effect, regardless of whether that effect was intentional. Likewise, landlords can only reject applicants for convictions that are “directly related” to their ability to pay rent or be a reliable tenant (Cal. Code Regs. Tit. 2, § 12264-12271)

California landlords should also follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

If passed by the state’s senate, California Assembly Bill 2383 (2022) would make it discriminatory to inquire about criminal history or require an applicant to disclose their criminal record during the initial rental application phase.  

Additional Reading: California Background Checks

California Landlord Entry Laws

California landlords cannot enter a rental property at any time. As in most states, California requires landlords to give advanced notice before entry in non-emergency situations. 

• Advanced Notice: 24 hours (Cal. Civ. Code § 1954a). 
• Permitted Times: California law does not designate any time-of-day restrictions for entering the homes of residential tenants.
• Emergency Entry: In case of emergency, entry is permitted without prior notice (Cal. Civ. Code § 1954b). 

California Eviction Notices 

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in California, consider hiring an experienced real estate attorney and be sure to review the California eviction process in more detail. A strong landlord tenant relationship can work to prevent evictions and help California landlords retain good tenants.

In California, the first step of the eviction process is to send a formal written notice. This notice is associated with a period (in California, three days) during which the tenant must either fix the default, move out, or face eviction. Below are the notices required for three different circumstances of lease violations in California:

• Rent Demand Notice: 3 days to pay or quit. When rent is late, landlords must give tenants a 3-day notice to either pay or move out (excluding Saturdays, Sundays, and holidays). If the tenant does not provide their unpaid rent within the three days, the landlord may file an eviction lawsuit in accordance with eviction law in California (Cal. CCP § 1161(2)). 
• Notice for Lease Violation: 3 days to cure or quit. This notice applies when the tenant violates a lease term or otherwise fails to perform the conditions or covenants of the lease. If the tenant fails to comply within three days (excluding weekends and holidays), they must quit the unit. If the breach is not remediable, notice may not be required (Cal. CCP § 1161(3)).
• Unconditional Notice to Quit: 3 days to quit. This notice applies when the tenant commits severe property damage or uses the premises for an unlawful purpose (e.g., selling/using illegal drugs) (Cal. CCP § 1161(4)).

Additional Reading: California Eviction Process and Laws [2025]

California Squatter's Rights

Squatters are individuals who move into a property without permission from the owner. Evicting squatters in California, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in California, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.

Additional Reading: California Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About California 

• Pet fees and other nonrefundable fees are not permitted in California (Cal. Civ. Code § 1950.5m). 
• The average rent price in California (according to Zillow) is one of the highest in the nation, at $2,750 per month in 2025.
• The average rent rate in Los Angeles in 2025 is also $2,750 per month. 

Conclusion

California's rental laws can be complex, and they are subject to change as new state and local laws pass each election cycle. However, understanding these laws and how to follow them is paramount. If you don't, you're not only doing a disservice to your tenants (and deterring prospective ones - word of mouth travels fast!), but you're also putting yourself at risk of lawsuits and penalties. By taking the time to understand California's landlord-tenant laws now, you can better learn to navigate the state’s complex rental landscape, ensuring compliance and protecting both parties’ rights.

FAQs

What responsibilities do landlords have by law?

California landlords must provide safe, habitable housing, which includes working plumbing, heating, and electricity, as well as ensuring the property is free from hazards. They must also comply with anti-discrimination laws, maintain common areas, and make timely repairs when necessary.

How much can landlords legally increase rent in California?

Under the Tenant Protection Act of 2019 (AB 1482), annual rent increases are capped at 5% plus the local inflation rate, with a maximum increase of 10% in most cases. However, this law only applies to certain properties, and some cities have stricter rent control ordinances.

What are California's security deposit rules?

Landlords can charge up to two months’ rent for unfurnished units and three months’ rent for furnished ones as a security deposit. They must return the deposit within 21 days of the tenant moving out, providing an itemized list of deductions if any portion is withheld.

Can California landlords refuse to rent to tenants who receive Section 8 housing vouchers?

No, California law prohibits landlords from rejecting tenants solely based on their source of income, including Section 8 housing vouchers. Landlords must evaluate applicants based on standard criteria like credit and rental history that applies to all tenants.

Can a landlord in California charge non-refundable fees?

No, non-refundable fees are generally not allowed in California. Any fees collected at move-in, including application fees (capped by law) and security deposits, must be refundable unless explicitly stated as a service charge.

Can landlords in California deny tenants ESAs?

No, under state and federal fair housing laws, landlords must make reasonable accommodations for tenants with emotional support animals (ESAs), even in no-pet buildings. 

How does California law handle security deposits for furnished rentals?

For furnished rentals, landlords can charge up to three months’ rent as a security deposit. The same 21-day return rule applies when the lease ends, and landlords must provide an itemized list if deductions are made.

Can a landlord require tenants to carry renter's insurance? 

Yes, landlords in California can require tenants to have renter’s insurance as part of the lease agreement. However, they cannot require a policy that covers the landlord’s own property or waive liability for their negligence.

Free Downloads

1. California Residential Lease Agreement Template
2. California Quitclaim Deed
3. California Unlawful Detainer Complaint
4. California Eviction Summons
5. California Unlawful Detainer Tenant Answer

Resources

1. California Local Rent Stabilization Laws
2. The Tenant Protection Act: Your Obligations As a Landlord or Property Manager
3. Landlord-Tenant Issues (California Department of Justice)
4. California Courts Self-Help Guide: Eviction and Housing
5. California Housing Market Trends & Forecast