California regulates the relationship between landlords and tenants through the Civil Code, the Code of Civil Procedure, and a layer of local ordinances in many cities. This article orients renters and housing providers to the core rules and links to the specific procedures that follow from them. It covers the leases and tenancies most people have, month-to-month and fixed-term residential agreements, and does not cover commercial leases, mobilehome park tenancies, or the specialized rules for subsidized housing, which run on separate statutes.
Key terms in a California tenancy
A few words carry specific meaning in landlord-tenant law, and the spokes in this section assume you know them.
A tenancy is the right to occupy a rental under an agreement. A lease usually means a fixed-term agreement, often a year; a month-to-month (or periodic) tenancy renews each rental period until one side ends it with proper notice. A security deposit is money the landlord holds to cover unpaid rent, cleaning, and damage beyond normal wear. A notice to quit is the written notice a landlord serves to start ending a tenancy. An unlawful detainer is the court case a landlord files to evict; it is the only lawful way to make a tenant leave. Habitability refers to the landlord’s duty to keep the unit livable.
These terms appear throughout the eviction process the California Courts self-help center explains, which is the authoritative walkthrough for tenants and landlords going through a court case.
Rent, rent increases, and the statewide cap
For most rental housing, the Tenant Protection Act of 2019 (Assembly Bill 1482) limits annual rent increases. The cap is 5% plus the local change in the consumer price index, and it can never exceed 10% in any 12-month period, as the California Attorney General’s guidance for tenants describes. Buildings more than 15 years old are generally covered; newer construction, most single-family homes owned by individuals, and units already under stricter local rent control are exempt.
The notice a landlord must give before a rent increase depends on the size of the increase. An increase of 10% or less takes 30 days’ written notice; an increase above 10% takes 90 days’ written notice. The California Attorney General’s overview of landlord-tenant disputes summarizes these notice rules and the consumer protections behind them.
Security deposits and their return
California limits how much a landlord can collect as a security deposit and sets a firm deadline for returning it. As of 2024, the deposit is generally capped at one month’s rent for both furnished and unfurnished units, with a narrow exception for small landlords, a limit the California Attorney General’s tenant resource describes.
After a tenant moves out, the landlord has 21 days to either return the full deposit or mail an itemized statement listing each deduction, along with any remaining balance. Permitted deductions cover unpaid rent, cleaning to return the unit to its move-in condition, and repair of damage beyond normal wear and tear. A landlord who keeps a deposit in bad faith can be liable for the amount wrongfully withheld plus up to twice the deposit as a penalty under California’s deposit statute, which the Attorney General’s landlord-tenant page explains.
Repairs and the duty to keep a unit habitable
Every residential lease in California carries an implied warranty of habitability: the landlord must keep the unit fit to live in. That means working plumbing, heat, hot and cold water, safe wiring, weatherproofing, and freedom from pests, among other basics. The California Attorney General’s repair and habitability guidance sets out what counts as a habitability problem and the steps for getting repairs made.
When a landlord fails to fix a serious problem after getting notice and a reasonable time to act, a tenant has options the statutes provide: the “repair and deduct” remedy, which lets a tenant pay for a qualifying repair and subtract the cost (up to one month’s rent) from the next rent payment, or withholding a portion of rent in some circumstances. Each option carries conditions, and using one incorrectly can expose a tenant to a nonpayment case. Federal housing standards, summarized by the U.S. Department of Housing and Urban Development’s tenant rights resource, set a baseline for safe and decent rental housing.
Notices that end a tenancy
Ending a residential tenancy in California runs on written notice, and the type of notice depends on the reason and the length of the tenancy. The notice step the Courts self-help center documents for tenants explains how each notice works and how it must be served.
- A 3-day notice to pay rent or quit gives a tenant behind on rent three days to pay or move before the landlord can file in court.
- A 3-day notice to cure or quit addresses a lease violation the tenant can fix.
- A 30-day or 60-day notice ends a month-to-month tenancy without alleging fault: 30 days if all tenants have lived there less than a year, 60 days if any has lived there a year or more.
- For housing covered by the Tenant Protection Act, a no-fault termination after 12 months requires a stated “just cause” and, for certain no-fault reasons, a relocation payment or rent waiver equal to one month’s rent.
A notice with the wrong number of days, the wrong reason, or improper service can be challenged in the eviction case and can force the landlord to start over.
How an eviction works
A landlord who wants to remove a tenant must file an unlawful detainer lawsuit and win a court order; self-help measures like changing the locks, removing belongings, or shutting off utilities are illegal “self-help evictions.” The California Courts eviction overview is the step-by-step authority for both sides.
The sequence is fixed. The landlord serves the correct notice and waits out the notice period. If the tenant has not moved or cured, the landlord files a complaint and has it served. The tenant generally has 10 days to file a written response after personal service, a deadline the Courts guidance on responding to an eviction explains; missing that window can lead to a default judgment. If the tenant responds, the court sets a trial, usually within about 20 days of a request. A tenant who loses can be removed only by the sheriff after the court issues a writ of possession.
Where tenants and landlords get help
California offers official, no-cost resources for both sides of a rental dispute. Every superior court runs a self-help center, and the statewide California Courts self-help eviction guidance provides forms, instructions, and plain-language explanations for unlawful detainer cases. The California Attorney General’s landlord-tenant page lists consumer complaint channels and links to legal aid. Many counties also fund tenant counseling and mediation programs that resolve disputes before they reach court.
Specific procedures and topics
Specific procedures and topics
Frequently asked questions
Can a landlord in California raise the rent by any amount?
Not for most housing. Under the Tenant Protection Act of 2019, annual increases on covered units are capped at 5% plus the regional change in the consumer price index, and never more than 10% in a 12-month period, as the California Attorney General’s tenant guidance explains. Newer buildings, many single-family homes owned by individuals, and units under stricter local rent control follow different rules. Cities with their own rent control ordinances may cap increases at a lower level.
How long does a landlord have to return a security deposit?
A landlord has 21 days after the tenant moves out to return the deposit or send an itemized statement of deductions with any remaining balance, according to the California Attorney General’s tenant resource. Deductions are limited to unpaid rent, cleaning to the move-in condition, and damage beyond normal wear. A landlord who withholds a deposit in bad faith can be ordered to pay the amount withheld plus up to twice the deposit as a penalty.
Can a landlord evict a tenant without going to court?
No. The only lawful way to remove a tenant is to win an unlawful detainer case and have the sheriff carry out a writ of possession, a process the California Courts eviction center sets out. Changing the locks, removing a tenant’s belongings, or shutting off utilities to force a move are illegal self-help evictions that can expose a landlord to damages.
What can a tenant do when a landlord will not make repairs?
California’s implied warranty of habitability requires landlords to keep rentals livable. After giving the landlord written notice and a reasonable time to act, a tenant may have remedies the California Attorney General’s tenant guidance describes, including repairing a qualifying problem and deducting the cost, up to one month’s rent, from the next rent payment. Each remedy has conditions, and local code enforcement can also inspect and order repairs.
How much notice ends a month-to-month tenancy?
A landlord ends a month-to-month tenancy with 30 days’ written notice if every tenant has lived in the unit less than a year, or 60 days’ notice if any tenant has lived there a year or more. For housing covered by the Tenant Protection Act, a no-fault termination after 12 months also requires a stated just cause and, for some reasons, a relocation payment equal to one month’s rent. The California Courts notice guidance describes how these notices must be served.
Does fair housing law apply to private landlords in California?
Yes. Federal fair housing law, summarized by the U.S. Department of Housing and Urban Development, bars landlords from refusing to rent, evicting, or otherwise discriminating based on race, color, national origin, religion, sex, familial status, or disability. California’s own civil rights laws add further protected categories, including source of income and immigration status.