At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 1 month's rent | As of July 1, 2024 (AB 12) |
| Rent control? | Yes (statewide) | AB 1482 caps annual increases at 5% + CPI or 10%, whichever is lower |
| Required notice to raise rent? | 30 or 90 days | 30 days if increase ≤ 10%; 90 days if > 10% |
| Lease required in writing? | Yes, for leases > 12 months | Month-to-month can be oral |
| Landlord entry notice? | 24 hours | Reasonable notice required; 24 hours presumed reasonable |
Security Deposits
California law limits security deposits and sets strict rules for their return.
As of July 1, 2024, Assembly Bill 12 (AB 12) limits security deposits to one month's rent for most landlords, regardless of whether the unit is furnished or unfurnished. Small landlords who own no more than two residential rental properties with a combined total of no more than four units are exempt and may charge up to two months' rent.
Landlords must return the deposit within 21 days of the tenant vacating the unit, along with an itemized statement of any deductions.
Eviction Procedures
California requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 3-Day Notice: For nonpayment of rent, nuisance, or illegal activity
- 30-Day Notice: For month-to-month tenancies (tenant has resided less than 1 year)
- 60-Day Notice: For month-to-month tenancies (tenant has resided 1 year or more)
- 90-Day Notice: For subsidized housing tenancies
Just Cause Eviction (AB 1482)
Under the Tenant Protection Act of 2019, landlords of covered properties must have "just cause" to evict tenants who have occupied the unit for 12 months or more. Just cause falls into two categories:
- At-fault causes: Nonpayment of rent, breach of lease, nuisance, criminal activity, refusal to sign a new lease with similar terms
- No-fault causes: Owner move-in, withdrawal from the rental market (Ellis Act), substantial remodel
For no-fault evictions, landlords must provide relocation assistance equal to one month's rent.
Rent Control
California's statewide rent control law (AB 1482, the Tenant Protection Act) limits annual rent increases to 5% plus the local Consumer Price Index (CPI), or 10%, whichever is lower. This applies to most residential properties that are 15 years old or older.
Exemptions
- Properties built within the last 15 years
- Single-family homes (unless owned by a corporation or REIT)
- Duplexes where the owner occupies one unit
- Units already subject to local rent control ordinances that are more restrictive
Many cities in California also have their own local rent control ordinances with additional protections, including San Francisco, Los Angeles, Oakland, Berkeley, and San Jose.
cite: Cal. Civ. Code § 1947.12
Lease Agreements
California does not require a written lease for tenancies of 12 months or less. However, any lease for longer than 12 months must be in writing to be enforceable under the Statute of Frauds.
Required Disclosures
California landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Mold: Known presence of toxic mold
- Bed bugs: Information about bed bug infestations
- Flooding: Whether the property is in a flood zone
- Demolition intent: If applicable
- Military ordnance: Proximity to former military sites
- Sex offender database: Notice about the Megan's Law database
cite: Cal. Civ. Code § 1940-1954.05
Tenant Rights
California provides broad protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights (e.g., reporting code violations)
- Discrimination protection: Fair housing laws prohibit discrimination based on race, religion, sex, sexual orientation, gender identity, disability, familial status, and other protected categories
- Right to privacy: Landlords must provide reasonable notice (24 hours presumed) before entering a tenant's unit
- Repair and deduct: Tenants may make repairs and deduct the cost from rent if the landlord fails to address habitability issues after reasonable notice