California Landlord Tenant Laws

This is a summary of California Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the California Civil Code, the California Health and Safety Code, and various online sources to serve as a reference and for people wanting to learn about California landlord-tenant laws, California eviction laws, and California renters’ rights.

However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer. If you are dealing with a landlord-tenant issue, you should seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.

Rules and Regulations Governing California Landlord-Tenant Laws

• Cal. Civ Code §§ 1940 – 1954 – Title 5: Hiring of Real Property
• California Health and Safety Code – Table of Contents

California Lease Terms Provisions

California Security Deposits

• What is the maximum allowable security deposit?
  The security deposit cannot exceed two months’ rent for unfurnished dwellings and 3 months rent if the dwelling is furnished. (Cal. Civ. Code § 1950.5(c)(1))

• Are security deposits required to earn interest?

Not statewide. There is no California law requiring security deposits to earn interest, however, some local ordinances require it (Berkeley, Los Angeles, Santa Cruz County, Capitola, West Hollywood and San Francisco).

• Do landlords need to store security deposits in a separate bank account?

No. There is no California law requiring security deposits to be stored in a separate bank account.

• Are non-refundable fees, such as pet fees, prohibited?

Yes. California law prohibits landlords from charging non-refundable fees. (Cal. Civ. Code §§ 1950.5(m))

• How long do landlords have to return security deposits?

• Can landlords withhold security deposits?

Yes. Landlords can use the deposit to cover unpaid rent, to repair of damages beyond normal wear and tear, to clean the rental unit after the tenant moves out, and to pay the cost of resorting or replacing furniture, furnishings, and other personal property damage beyond normal wear and tear if the lease specifies that the deposit can be used for this purpose. (Cal. Civ. Code §§ 1950.5(b))

• Are landlords required to itemize damages and fees deducted from security deposits?

Yes. An itemized list, detailing the amount withheld and the reasons for withholding, must be furnished to the tenant via personal delivery or first class mail within 21 days. (Cal. Civ. Code §§ 1950.5(g)(1))

• Do landlords have to issue receipts upon receiving security deposits?

No. There is no California law requiring landlords to issue receipts for security deposits.

• Are there any specific requirements for record-keeping for deposit withholdings?

Yes. If repairs and cleaning costs are more than $125, receipts and documentation of the amounts spent must be included with the itemized list of deductions. (Cal. Civ. Code § 1950.5(g)(4)(a))

• What happens when a landlord does not return a security deposit within the requiredtimeframe?

The tenant may recover up to twice the amount of the original security deposit in addition to actual damages. (Cal. Civ. Code §§ 1950.5(l))

California Rent Laws

• Is there a cap on how much landlords can charge for rent? (rent control)

Yes. California has statewide rent control laws, and many localities have rent control ordinances. (Cal. Civ. Code §§ 1947.12) All of California is subject to rent control provision as outlined in AB 1483 the Tenant Protection act, which caps rental rates based on inflation and establishes jurisdictions for local rent control.

Unless they agree to a different arrangement, rent is due at the termination of the holding, when it does not exceed one year. If the holding is by the day, week, month, quarter, or year, rent is payable at the termination of the respective periods, as it successively becomes due. (Cal. Civ. Code §§ 1947)

• Does rent need to be paid using a certain method of payment?

Landlords must allow tenants to pay their rent using a form of payment that is not cash or an electronic funds transfer (EFT) payment. If the tenant had an insufficient funds payment or a stopped payment on a money order, the landlord can then require that rent be paid in cash. Landlord can allow tenant to pay rent through a third party. (Cal. Civ. Code § 1947.3)

Fees

• Can landlords charge late fees when rent is late?

Yes, but they must be “reasonable”, obey rent control laws, and must be specified in the lease agreement. There is no exact amount to be considered “reasonable, but it should not exceed more than 5% of the rent payment and not be imposed until after grace period of about 3 days. In the case Orozco v. Casimiro 121 Cal.App.4th Supp. 7 (2004), the $50 late fee was well in excess of 5% of the rent amount. The landlord bears the burden of proof to show why late fee is reasonable. (Orozco v. Casimiro 121 Cal.App.4th Supp. 7 (2004)).

• Do landlords have to allow for a grace period for paying rent before charging late fees?

• Can landlords charge application fees?

Yes. Landlords can charge an application fee. It may be adjusted annually by the landlord or his/her agent commensurate with an increase in the Consumer Price Index. (Cal Civ. Code § 1950.6(b)). As of December 2021, the maximum application fee is $55.58.

• Can landlords charge returned check fees?

Yes. Landlords can charge a late fee up to $25 for the first returned check and $35 for each subsequent check. (Cal. Civ. Code §§ 1719)

California Landlord-Tenant Relations

Notices

• Are landlords required to provide tenants with notice of rent increases between lease terms?

Yes. Landlords must provide 30 days notice of a rent increase less than 10 percent of the lowest amount of rent charged during the last 12 months, and 90 days notice of a rent increase more than 10 percent of the lowest amount of rent charged during the last 12 months. (Cal. Civ. Code §§ 827(b))

• Are landlords required to provide tenants with notice of pesticide use on the property?

No. There is no California law requiring landlords to provide tenants with notice of pesticide use on the rental property.

• What notice is required to terminate a fixed-end lease?

No notice is required — the lease ends on the date stated in the lease.

• What notice is required to terminate a week-to-week periodic lease?

Either the landlord or the tenant can terminate the lease with 7 days written notice. (Cal. Civ. Code §§ 1946)

• What notice is required to terminate a month-to-month periodic lease?

Either the landlord or the tenant can terminate the lease with 30 days written notice. (Cal. Civ. Code §§ 1946)

• Is notice of the date and time of the move out inspection required?

Yes. Landlords must provide at least 48 hours’ notice. (Cal. Civ. Code §§ 1950.5(f))

California Rental Entry Provisions

• When can landlords enter the rental premises with notice?
  • To make necessary or agreed to repairs, decorations, alterations, or improvements.
  • To supply necessary or agreed services.
  • To show the unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
  • To periodically inspect smoke alarms.
  • To inspect waterbeds for compliance with state law. (Cal. Civ. Code §§ 1954(a))
  • What notice must a landlord give a tenant before entering the rental unit?

  The landlord must provide “reasonable notice” before entering. 24 hours notice is presumed to be reasonable. Mailing of the notice 6 days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary. (Cal. Civ. Code § 1954(d))

  • When can landlords enter the rental premises without providing notice to their tenants?
    • In case of an emergency.
    • When the tenant is present and consents to the entry.
    • Under court order.
    • After the tenant has abandoned or surrendered the premises. (Cal. Civ. Code §§ 1954(a)); (Cal. Civ. Code §§ 1954(e))

    Landlord’s Duties (Cal. Civ. Code §§ 1941.1)

    • Landlords must ensure the dwelling has the following characteristics:
      • Condition of the premises fits for such occupation (Cal. Civ. Code § 1941).
      • Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
      • Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
      • A water supply that is approved under applicable law that is under the control of the tenant or landlord, capable of producing hot and cold running water.
      • Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
      • Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
      • Building, grounds, and appurtenances kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
      • An adequate number of appropriate receptacles for garbage.
      • Floors, stairways, and railings are maintained in good repair.
      • A locking mail receptacle for each residential unit in a residential hotel (Cal. Civ. Code § 1941.1).
      • Installed and maintained an operable dead bolt lock on each main swinging entry door of a dwelling unit (Cal. Civ. Code § 1941.3).
      • Installed at least one usable telephone jack, inside telephone wiring is maintained in good working order and meets standards of the most recent California Electrical Code (Cal. Civ. Code § 1941.4).

      Tenant’s Duties (Cal. Civ. Code §§ 1941.2)

      • Tenants must keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits.
      • Tenants must dispose of all rubbish, garbage, and other waste cleanly and safely.
      • Tenants must properly use and operate all electrical, gas, and plumbing fixtures and keep them as clean and sanitary as their condition permits.
      • Tenants must not willfully or wantonly destroy, deface, damage, impair, or remove any part of the premises; or permit any guest to do so.
      • Tenants must occupy the premises as their abodes, utilizing portions thereof for living, sleeping, cooking, or dining purposes only which were respectively designed or intended to be used for such occupancies. (Cal. Civ. Code § 1941.2)

      California Required Landlord Disclosures

      • Landlords must provide prospective tenants with a written notice containing specific information about bed bugs and the procedure for reporting suspected infestations to the landlord. (Cal. Civ. Code §§ 1954.603)
      • A landlord must provide a copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. (Cal. Civ. Code §§ 1962(4))
      • A landlord must disclose if the utilities that service a tenant’s unit also provide service to other areas, and disclose how costs will be fairly divided. (Cal. Civ. Code §§ 1940.9)
      • Landlords must disclose knowledge of any mold in the dwelling that exceeds safety limits or poses a health concern before the lease is signed. (Cal. Health & Safety Code §§ 26147, Cal. Civ. Code § 1941.7))
      • If a landlord or agent has applied to any public agency for a permit to demolish a rental unit, the landlord must provide written notice to prospective tenants before accepting any money or entering into a rental agreement. (Cal. Civ. Code §§ 1940.6)
      • Landlords must disclose to prospective tenants the locations of any former ordnances (weapons and artillery) in the neighborhood of which they have actual knowledge. (Cal. Civ. Code §§ 1940.7)
      • Landlords must provide each new tenant that occupies the unit with a copy of the notice provided by a registered structural pest control company if a contract for periodic pest control service has been executed. The notice contains information regarding the pest to be controlled, the pesticides to be used, the frequency with which the treatment will be done, and certain required language regarding the toxicity of pesticides. (Cal. Civ. Code §§ 1940.8); (Cal. Business and Professions Code §§ 8538)
      • Before renting pre-1978 property, landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards. (16 CFR 1303, 42 U.S. Code § 4852d) . If the landlord fails to disclose all known lead paint hazards, the landlord can face fines of up to $19,507 for each violation (24 CFR 30.65)
      • Landlords are required to include the following language in the lease:“Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.” (Cal. Civ. Code § 2079.10a).
      • Landlords are required to disclose to prospective tenant a death that occurred in the premises if it is considered to be material, but is not required to disclose a death that occurred more than three (3) years before tenant offers to lease the premises, or if a previous occupant had HIV or died from AIDS-related complications.(Cal. Civ. Code § 1710.2).

      California Renters’ Rights

      • What rights do tenants have if their landlords breach their duties?(See Landlord’s Duties)

      If a landlord does not remedy untenantable conditions within a reasonable time after the tenant provides notice to the landlord of the conditions, the tenant may vacate the premises. The tenant will be discharged from further payment of rent or performance of other conditions as of the date of vacating the premises. (Cal. Civ. Code §§ 1942(a))
      

      • Are tenants allowed to withhold rent for needed repairs or other breaches of their landlords’ duties?

      Yes. If a landlord does not remedy untenantable conditions within a reasonable time after the tenant provides notice to the landlord of the conditions, the tenant may make the repairs and deduct the amount from the next month’s rent, so long as the amount does not exceed one month’s rent and the tenant does use this remedy more than twice in 12 months. (Cal. Civ. Code §§ 1942(a))

      • Are tenants permitted to sublease their rental units?

      Yes, but only with consent. Restrictions on subletting in the lease are permitted. (Cal. Civ. Code §§ 1951.4)

      • What are the protections for tenants against retaliation from their landlords for exercising their California renter’s rights?

      If tenants exercise their renter’s rights or complain to an appropriate agency as to tenantability of their rental unit, California law prohibits landlords from retaliating against the tenant by attempting to evict, causing to leave involuntarily, increasing the rent, or decrease any services within 180 days of any of the following:

      California Eviction Laws

      • What are the reasons that landlords can evict tenants under California eviction laws?
        • Nonpayment of rent (Cal. Code of Civ Proc §1161(2))
        • Violation of the lease terms / rental agreement (Cal. Code of Civ Proc §1161(3))
        • Illegal activity including criminal threats or criminal activity, unlawful business activity, and criminal nuisances (Cal. Code of Civ Proc §1161(4))
        • The tenant remains in possession without the landlord’s consent after expiration or termination of the term of the rental agreement (holdover tenancy) (Cal. Code of Civ Proc §1161(5))
        • Foreclosure of rental property (Cal. Code of Civ Proc §1161b)
        • What notice must landlords provide tenants before starting the eviction process in California?
          • For evictions based on nonpayment of rent and violations of the rental agreement, the landlord must give a 3-day notice to remedy the breach before starting the eviction process. (Cal. Code of Civ Proc §1161(2)); (Cal. Code of Civ Proc §1161(3))
          • For evictions based on illegal activity, landlords must give 3-day notice of termination of the lease before starting the eviction process. Landlords do not have to permit the tenant to cure these types of breaches. (Cal. Code of Civ Proc §1161(4))
          • For evictions based on a holdover tenancy, except for expired fixed-term leases, landlords must provide a 30-day notice to terminate a month-to-month tenancy if the tenant has lived in the rental unit less than one year, and 60-day notice if the tenant has lived there for over a year. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. (Cal. Civ. Code §1946.1)
          • For evictions based on the foreclosure of the rental property, landlords must provide 90 days’ notice before starting the eviction process. (Cal. Code of Civ Proc §1161b)
          • Are landlords permitted to recover damages from an evicted tenant?

          Yes. In California, a landlord may recover actual damages but has to mitigate the damages. (Cal. Civ. Code §1951.2)

          • Are landlords permitted to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?

          No. If a landlord evicts a tenant using self-help methods, the landlord is liable for actual damages sustained, up to $100 a day, and reasonable attorney’s fees. (Cal. Civ. Code §789.3)

          COVID-19 Changes to California Landlord-Tenant Laws

          • The CDC’s national eviction ban was effective through August 26, 2021, and is no longer in place.
          • The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act is no longer effective.
          • Some local emergency ordinances are still in effect ( especially, in Fairfax, Larkspur, Marin County, Novato, San Diego, San Rafael).

          Squatter’s rights in California

          Under Homestead Act of 1862, individuals (squatters) can possess the property if they have lived there for a specific period of time, done so publicly, made repairs to the property, have deed to the property and have paid rent or taxes on this property.

          California has no specific laws recognizing squatters. The squatter must live continuously on the property and pay taxes (all state, county, or municipal) for 5 years to claim adverse possession. The land must be protected by a substantial enclosure and usually cultivated or improved for 5 years ( Cal. Code of Civ. Proc. § 325).

          Related Links

          Government

          • A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities (PDF)
          • U.S. Department of Housing and Urban Development – California
          • HUD – California Tenant Rights, Laws, & Protections
          • Fair Employment and Housing Commission
          • California Department of Insurance
          • California Guide to Home Owners Insurance
          • California Department of Real Estate
          • U.S. Department of Housing and Urban Development – California
          • HUD – California Tenant Rights, Laws, & Protections
          • Fair Employment and Housing Commission
          • California Department of Insurance
          • California Guide to Home Owners Insurance
          • California Department of Real Estate

          Realtor and Landlord-Tenant Associations

          • Apartment Owners Association of California, Inc.
          • Apartment Association of Greater Los Angeles
          • California Association of REALTORS®
          • California Apartment Association
          • San Francisco Apartment Association
          • California Rental Housing Association
          • Nor Cal Rental Property Association
          • Los Angeles Tenants Union
          • San Francisco Tenants Union
          • Oakland Tenants Union
          • Pasadena Tenants Union
          • Tenants Together
          • Tenants Legal Center