California tenant rights

Guides for California renters

Security deposit in California

Limit

One month's rent, furnished or unfurnished (since July 1, 2024). Pet deposits, key fees and cleaning fees all count toward this limit. Exception: a 'small landlord' (an individual, or an LLC owned by individuals, that owns no more than two rental properties with no more than 4 units in total) may charge up to two months' rent, but only one month's rent to a service member.

Deadline to return it

Within 21 days after you move out, the landlord must return the full deposit, or mail or hand you an itemized statement of deductions together with the rest of the money. Since January 1, 2026, if you paid the deposit or rent by a digital method (bank transfer, Zelle, online portal), the landlord must return it digitally unless you agree in writing to another method. Otherwise it goes to your last known address, so give the landlord your new address in writing.

Itemized list

Yes. The statement must list each deduction and include copies of receipts or invoices (for work by the landlord's own staff: a description, time spent and a reasonable hourly rate). If work cannot be finished in 21 days, the landlord may send a good-faith estimate, then must send the corrected statement and receipts within 14 days after the work is done. Receipts are not required if total deductions are under $125 or you signed a waiver. Since April 1, 2025, the landlord must also send photos taken after you move out and after repairs or cleaning. Civ. Code § 1950.5(g)-(h).

What may be deducted

Only what is reasonably necessary for: unpaid rent; cleaning to return the unit to its move-in level of cleanliness; repair of damage beyond normal wear and tear caused by you or your guests; and, if the lease allows, replacing furniture or other items (including keys). No deductions for pre-existing damage or normal wear and tear. A deposit can never be 'nonrefundable.' Since January 1, 2025, routine professional carpet or other professional cleaning cannot be charged unless needed to return the unit to move-in condition.

Interest

No statewide requirement. Some cities with rent control (for example Los Angeles, San Francisco) require interest under local ordinances.

Move-in checklist

No checklist is required by state law, but for tenancies starting on or after July 1, 2025 the landlord must take photos of the unit at or just before move-in. You can ask for an 'initial inspection' in the last two weeks before you move out; the landlord must give at least 48 hours' written notice and list what you can fix to avoid deductions. Civ. Code § 1950.5(f), (g).

If the landlord keeps it wrongly

You can sue (small claims up to $12,500) for the deposit wrongly kept. If the landlord acted in bad faith, the court can add a penalty of up to twice the deposit amount, plus your actual damages. The landlord must prove the deductions were reasonable.

Law

Cal. Civ. Code § 1950.5

How to get your deposit back

1. Before you move out, clean, take dated photos and video of every room, and return all keys.
2. Give your landlord your new address in writing. In California: Otherwise it goes to your last known address, so give the landlord your new address in writing.
3. Wait for the deadline: Within 21 days after you move out, the landlord must return the full deposit, or mail or hand you an itemized statement of deductions together with the rest of the money.
4. If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
5. If that doesn't work, sue in small claims court. Limit: $12,500 for individuals and sole proprietors ($6,250 for businesses and public entities). Small claims court in California on Small Claims Map

Full California security deposit guide

Repairs in California

The landlord's duty

The landlord must keep the unit fit to live in (implied warranty of habitability), including weatherproofing, plumbing, hot and cold water, heat, electrical, clean and pest-free premises, trash containers, working locks and smoke detectors. For leases signed, amended or extended on or after January 1, 2026, a working stove and refrigerator are also required (unless you agree in the lease to supply your own refrigerator). Civ. Code §§ 1941, 1941.1.

How to ask for repairs

Tell the landlord about the problem, preferably in a dated letter (keep a copy) and with photos. Give a reasonable time to repair: usually 30 days, less for urgent problems like no heat or water.

Repair and deduct

Yes. For serious health-and-safety defects you did not cause, after telling the landlord and waiting a reasonable time (usually 30 days, shorter in an emergency), you may pay for the repair and deduct it from rent. Limits: no more than one month's rent per repair and no more than twice in any 12 months. Civ. Code § 1942.

Withholding rent

Allowed for serious defects that breach the warranty of habitability (court-made rule, Green v. Superior Court). There is no escrow procedure in the statute; if the landlord sues, the court decides how much rent you owe. Risky: get legal advice first and keep the money set aside.

Law

Cal. Civ. Code §§ 1941, 1941.1, 1942, 1942.4

Full California repair rights guide

Landlord entry in California

Reasonable written notice, presumed to be 24 hours (if mailed, at least 6 days before), stating the date, approximate time and purpose. Entry only during normal business hours and only for allowed reasons (repairs, showing the unit, emergencies, court order, an inspection you asked for, etc.). No notice is needed in an emergency, if you have moved out, if you agree at the time, or if you orally agreed to a repair visit within one week. Civ. Code § 1954.

Eviction in California

Notice for unpaid rent

3-day notice to pay rent or quit. Saturdays, Sundays and court holidays are NOT counted. The notice must state the exact rent owed and who to pay, where and how. If the unit is covered by the Tenant Protection Act or a local just-cause law, the landlord also needs a lawful 'just cause.'

Notice for a lease violation

3-day notice to cure (fix) or quit for a fixable lease violation (weekends and court holidays not counted). Some serious violations (nuisance, illegal use) allow a 3-day notice to quit with no chance to cure.

Ending a month-to-month tenancy

Landlord: 30 days if any tenant has lived there less than one year; 60 days if everyone has lived there a year or more; 90 days for some subsidized tenancies. Under the Tenant Protection Act (most units after 12 months), the landlord also needs a just cause stated in the notice. For 'no-fault' causes (such as the owner moving in or a substantial remodel) the landlord must pay you one month's rent as relocation help within 15 days of the notice, or waive the last month's rent in writing. Since April 1, 2024 (SB 567), an owner move-in only counts if the owner or relative moves in within 90 days after you leave and lives there at least 12 months; if not, the owner must offer the unit back to you at the same rent and pay moving costs. A notice that breaks these rules is void, and a landlord who willfully violates them can owe up to three times your actual damages. Tenant: notice equal to the rent period (usually 30 days). Civ. Code §§ 1946.1, 1946.2.

Time to respond to an eviction lawsuit

10 days after you are served, not counting Saturdays, Sundays or court holidays. Code Civ. Proc. § 1167.

Lockouts and utility shutoffs

Yes. A landlord may not, in order to force you out, lock you out, change locks, cut off water, gas, electricity or other utilities, remove doors or windows, or take your belongings. You can recover your actual damages plus up to $100 for each day the violation continues, with a minimum of $250 for each violation, and the winner gets attorney's fees. Civ. Code § 789.3.

Court self-help

The court's eviction self-help page

Law

Code Civ. Proc. §§ 1161, 1167; Civ. Code §§ 789.3, 1946.1, 1946.2

Full California eviction guide

Rent increases and rent control in California

Notice of a rent increase

Month-to-month: at least 30 days' written notice for an increase of 10% or less within 12 months; at least 90 days for more than 10% (add 5 days if mailed). A fixed-term lease cannot be raised during the term unless it allows it. Civ. Code § 827.

Rent control

Yes, statewide cap (Tenant Protection Act, AB 1482, Civ. Code § 1947.12): increases over 12 months are limited to 5% plus inflation (CPI), never more than 10%, and at most two increases in 12 months. Exempt: buildings under 15 years old, single-family homes and condos not owned by a REIT or corporation (if you got written notice of the exemption), an owner-occupied duplex, and some affordable housing. The cap runs until January 1, 2030. Cities may also have local rent control (for example Los Angeles, San Francisco, Oakland); local laws adopted after September 1, 2019 apply only if stronger than state law.

Late fees in California

No statute sets a dollar cap. A late fee in the lease is only valid if it is a reasonable estimate of the landlord's actual costs from late payment; a fee so high it acts as a penalty is not enforceable (Civ. Code § 1671; Harbor Island Holdings v. Kim, 2003). Local rent control laws may limit late fees.

Retaliation in California

The landlord may not evict you, raise rent or cut services because you complained about conditions (to the landlord or a government agency), used repair-and-deduct, asked for an inspection, filed a lawsuit, or organized with other tenants. If the landlord acts within 180 days after you did one of these things, retaliation is presumed, as long as your rent is current and you have not used this defense more than once in 12 months. You can recover actual damages, plus $100 to $2,000 for each retaliatory act if the landlord acted with fraud, oppression or malice. Civ. Code § 1942.5.

Small claims court in California

Deposit disputes usually go to small claims court, where you don't need a lawyer.

Limit: $12,500 for individuals and sole proprietors ($6,250 for businesses and public entities).

Where to get free help in California

• California Courts Self-Help Guide: Eviction (tenants)
• California Department of Real Estate: California Tenants guide (2026 Landlord Tenant Guide)
• California Courts: Help at your court (free court self-help centers)

Good to know in California

• The deposit limit is one month's rent for most landlords since July 1, 2024 (AB 12). Only small landlords may charge up to two months.
• Many cities have their own rent control and just-cause rules that are stronger than state law (Los Angeles, San Francisco, Oakland, Berkeley, San Jose and others). Check your city's rent board.
• The 3-day notice to pay rent does not count weekends or court holidays, and you have 10 court days to answer an eviction lawsuit.

Recent law changes

2024: SB 567 (from April 1, 2024) tightened 'no-fault' just-cause evictions: owner move-in must happen within 90 days and last 12 months, substantial remodels need permits, notices that break the rules are void, and willful violations can cost up to three times actual damages. AB 12: deposit capped at one month's rent from July 1, 2024 (small-landlord exception up to two months). 2025: eviction answer deadline became 10 court days (Code Civ. Proc. § 1167); landlords must photograph the unit at move-out and after repairs (from April 1, 2025) and at move-in (tenancies starting July 1, 2025); no routine professional cleaning charges; extra protections for service members' deposits. 2026: AB 414 requires deposits paid electronically to be returned electronically unless you agree otherwise; AB 628 makes a working stove and refrigerator part of habitability for leases signed or renewed from January 1, 2026; per the DRE guide, other 2026 laws include AB 1414 (internet service choice), AB 246 (Social Security hardship defense in nonpayment cases), SB 610 (disaster-debris habitability rules) and AB 863 (multilingual eviction summons by 2027).

Free tools for California renters

Pre-set for California. They run in your browser and send nothing.

Deposit return calculator for California

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.

Security deposit demand letter for California

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Repair request letter for California

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Eviction notice timeline for California

Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.

Questions about renters' rights in California

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