Question 1

How much can a landlord charge for a security deposit in California?

Accepted Answer

The landlord may not collect a security deposit of more than one month's rent in addition to the first month's rent. Some small landlords and service-member tenants fall under exceptions.

Question 2

How long does a landlord have to return a security deposit in California?

Accepted Answer

No later than 21 calendar days after the tenant vacates, the landlord must send an itemized statement of deductions and return any remaining deposit (by personal delivery, first-class mail, or electronically where rent or deposit was paid that way). Since April 1, 2025, the landlord must photograph the unit after it is returned and before repairs or cleaning that will be deducted, and again after those are done.

Question 3

How much notice does a landlord have to give before entering a rental in California?

Accepted Answer

Written notice of the date, approximate time, and purpose of entry, and entry only during normal business hours (except in emergencies). 24 hours is presumed reasonable notice; if mailed, at least 6 days before.

Question 4

How much notice does a landlord need to give to raise the rent in California?

Accepted Answer

Periodic (e.g., month-to-month) tenancies: written notice at least 30 days before the effective date if the increase, alone or combined with other increases in the prior 12 months, is 10% or less. Increases over 10% need at least 90 days' notice.

Question 5

Can a landlord charge a late fee in California, and how much?

Accepted Answer

Under § 1671(c)(2) and (d), a liquidated-damages clause in a residential lease is void unless the parties agree to an amount presumed to be the damage, and only where actual damages would be impracticable or extremely difficult to fix. Courts apply this to late fees (Harbor Island Holdings v. Kim, 2003). No statute caps residential late fees.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in California?

Accepted Answer

3 days' written notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due and payment details.

Question 7

Can cities in California pass rent control?

Accepted Answer

State law (Costa-Hawkins) limits local rent control: owners may set the initial and all later rents for units with a certificate of occupancy issued after Feb. 1, 1995, and for separately alienable units such as single-family homes and condos (with exceptions). Owners may also set a new initial rent between tenants (vacancy decontrol), except in listed cases such as after a § 1946.1 no-fault termination. The statewide cap in § 1947.12 still applies to covered units.

Question 8

How much notice is needed to end a month-to-month tenancy in California?

Accepted Answer

Landlord: 60 days' written notice if every tenant has lived there a year or more; 30 days if anyone has lived there less than a year (or for certain sales to an owner-occupant). Tenant: notice at least as long as the rent period. When an owner ends a government rent-limit contract, assisted tenants get at least 90 days' written notice. Just-cause rules (§ 1946.2) may also apply.

Question 9

Does a landlord have to pay interest on a security deposit in California?

Accepted Answer

No state statute requiring landlords to pay interest on security deposits was found in Cal. Civ. Code §§ 1940-1954.071. Some cities require it.

Question 10

Is a move-in or move-out inspection checklist required in California?

Accepted Answer

For tenancies beginning on or after July 1, 2025, the landlord must take photos of the unit immediately before or at the start of the tenancy. Before move-out, the landlord must also tell the tenant in writing that they can request an initial inspection (no earlier than two weeks before the tenancy ends, with 48 hours' written notice) and give an itemized list of proposed deductions so the tenant can fix them.

Question 11

Is landlord retaliation illegal in California?

Accepted Answer

If a tenant is current on rent and has exercised legal rights or complained to an agency about habitability, the landlord may not evict, raise rent or cut services in retaliation within 180 days. Threatening to report a tenant to immigration authorities counts as retaliation.

Question 12

Can a landlord change the locks or shut off utilities in California?

Accepted Answer

A landlord may not willfully interrupt utilities (water, heat, electricity, gas and others) in order to force a residential tenant out, even if the utility service is not under the landlord's control. Lockouts and removing doors, windows or the tenant's property are also banned.

Question 13

What can a tenant do if the landlord won't make repairs in California?

Accepted Answer

If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice, the tenant may make the repairs and deduct the cost from rent. The cost cannot exceed one month's rent. Acting after 30 days is presumed reasonable. Alternatively, the tenant may move out. This remedy is unavailable if the tenant caused the condition.

Question 14

What disclosures must a landlord give tenants in California?

Accepted Answer

The lease (or a written statement within 15 days for oral agreements) must give the name, phone and address of the manager and the owner or owner's agent, plus who receives rent, how, and in what form. The tenant gets a copy within 15 days (§ 1962). The landlord must also disclose: known former military ordnance sites within one mile (§ 1940.7), the pest-control notice if there is a periodic pest service contract (§ 1940.8), and shared gas or electric meters (§ 1940.9).

Question 15

What can a landlord do with property a tenant leaves behind in California?

Accepted Answer

For property left after the tenant moves out, the landlord must send written notice describing it and giving a claim deadline at least 15 days after personal delivery, or 18 days if mailed (§ 1983; model form § 1984). Unclaimed property must be sold at a public sale after published notice, with the net proceeds paid to the county. If it is reasonably believed to be worth less than $700, the landlord may keep or dispose of it (§ 1988). Abandonment of the unit itself requires a separate notice of belief of abandonment (§ 1951.3).

Question 16

Can a tenant break a lease early for domestic violence or military service in California?

Accepted Answer

A tenant can end the tenancy if the tenant, a household member or an immediate family member was a victim of domestic violence, sexual assault, stalking or another listed crime. Notice must be in writing with documentation attached, and it must be given within 180 days of the order, report or act. The tenant owes rent for no more than 14 days after giving notice.

Question 17

Is there a grace period before a late fee can be charged in California?

Accepted Answer

No state statute setting a grace period for residential late fees was found in California Civil Code §§ 1940-1954.071. Late fees are judged under the liquidated-damages rules in Civil Code § 1671 (see late fees).

Question 18

How much can a landlord charge for a rental application fee in California?

Accepted Answer

The application screening fee may not exceed actual out-of-pocket screening costs and is capped at $30 per applicant, adjusted annually for CPI since 1998. It can't be charged when no unit is or will soon be available.

Question 19

Can a landlord refuse Section 8 or other source of income in California?

Accepted Answer

Refusing to rent, or discriminating in rental terms, because of source of income is unlawful.

Question 20

Can a tenant fix something and deduct it from rent in California?

Accepted Answer

If the landlord doesn't repair conditions that make the unit untenantable within a reasonable time after notice, the tenant may make the repair and deduct the cost from rent, up to one month's rent, or move out. The remedy can be used no more than twice in any 12 months. Acting after the 30th day following notice is presumed reasonable.

Question 21

What happens if a tenant stays after the lease ends in California?

Accepted Answer

If a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms. The renewal runs no longer than one month when rent is paid monthly, and never more than one year.

Question 22

Does a landlord have to give notice before not renewing a lease in California?

Accepted Answer

A residential lease clause that renews or extends the lease automatically is voidable by the party who didn't prepare the lease, unless the clause is in at least 8-point bold type in the lease body and a bold notice of it appears just above where the tenant signs.

Question 23

Can a tenant withhold rent for repairs in California?

Accepted Answer

A landlord may not demand or collect rent, raise the rent, or serve a 3-day notice to pay rent or quit when all of these apply: the unit is substandard, a housing inspector has given the landlord notice, and the conditions have gone uncorrected for the period set in the statute.

Question 24

Does a landlord need just cause to evict in California?

Accepted Answer

Yes, statewide (Tenant Protection Act). Once a tenant has lived in a unit lawfully for 12 months, the owner may end the tenancy only for an at-fault or no-fault just cause stated in the notice. Some housing is exempt, a stricter local ordinance can apply instead, and the section is set to repeal on January 1, 2030. Code text: "after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy."

Question 25

What is the domestic violence early termination rule in California?

Accepted Answer

A tenant may give notice to end the tenancy if the tenant, a household member or an immediate family member was a victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse or certain other crimes. Code text: "A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following: (1) Domestic violence."

Question 26

What is the military lease termination (federal scra, all states) rule in California?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 27

How much does it cost to file an eviction in California?

Accepted Answer

Limited civil unlawful detainer first-paper filing fees are $240 when the amount demanded is up to $10,000, and $385 when it is over $10,000 up to $35,000 (statewide schedule effective January 1, 2026). Those totals already include the extra $15 under CCP § 1161.2; unlimited-civil UD filings over $35,000 are $435, and a few counties add local courthouse-construction surcharges. Schedule text: "Complaint or other first paper in unlawful detainer (amount up to $10,000) GC 70613(b), 70602.5, CCP 1161.2 $ 240*" / "Complaint or other first paper in unlawful detainer (amount over $10,000 up to $35,000) GC 70613(a), 70602.5, CCP 1161.2 $ 385*" (footnote: "These amounts incorporate the additional $15 fee under CCP 1161.2 charged to plaintiffs in limited civil unlawful detainer cases.").

Question 28

What rights does a tenant have after foreclosure in California?

Accepted Answer

After a foreclosure sale, a month-to-month or periodic tenant must get 90 days' written notice to quit before removal. A tenant with a fixed-term lease signed before the sale keeps the lease to its end, except that 90 days' notice may end it in listed cases (for example, when the buyer will live there).

Question 29

Can a landlord deny a tenant for criminal or credit history in California?

Accepted Answer

California fair-housing regulations bar landlords from using arrests that did not lead to conviction, sealed, expunged or dismissed convictions, juvenile adjudications, or a blanket ban on all people with a criminal record. Adverse action based on a conviction must rest on a directly related conviction tied to a substantial, legitimate, nondiscriminatory interest. Credit report rules (FCRA and state law) also apply.

Question 30

What federal protections does a tenant have after foreclosure in California?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 31

Does a landlord have to provide smoke and carbon monoxide detectors in California?

Accepted Answer

Smoke alarms approved by the State Fire Marshal must be installed in every dwelling intended for human occupancy. Owners must also install a carbon monoxide device in each existing dwelling unit that has a fossil fuel burning heater or appliance, fireplace or attached garage.

Question 32

What is the pet deposits/fees & service/esa animals rule in California?

Accepted Answer

A landlord may not refuse to rent to a person because they use a guide, signal or service dog, or refuse to let them keep the dog. Reasonable lease terms regulating the dog are allowed. No statewide pet deposit rule was checked here.

Question 33

What is the warranty of habitability in California?

Accepted Answer

A dwelling is untenantable if it substantially lacks basic standards such as waterproofing, working plumbing, hot and cold water, heating, safe electrical wiring and clean, pest-free premises. The landlord must keep the unit fit to live in (Civ. Code § 1941).

Question 34

What is the tenant relocation assistance rule in California?

Accepted Answer

For a no-fault just-cause termination under the Tenant Protection Act, the owner must pay relocation assistance or waive the final month's rent, equal to one month of the tenant's rent. Relocation payments are due within 15 calendar days of the notice.

Question 35

Does California have rent control?

Accepted Answer

Statewide rent cap: covered units may not be raised more than 5 percent plus the change in the cost of living, or 10 percent, whichever is lower, in any 12-month period. Many units are exempt, including most newer buildings and many single-family homes. The cap law (§ 1947.12) is set to be repealed on January 1, 2030.

Question 36

What disclosures must a landlord give in California?

Accepted Answer

Landlords must give required disclosures, including a copy of the pest control company notice to each new tenant when there is a periodic pest control contract, and disclosures about former military ordnance sites nearby (§ 1940.7) and shared utility meters (§ 1940.9).

Question 37

What is the deposit bank holding / separate account rule in California?

Accepted Answer

No state statute requiring landlords to keep security deposits in a separate or trust account was found in Cal. Civ. Code §§ 1940-1954.071.

Question 38

What is the tenant buyout disclosures rule in California?

Accepted Answer

No state statute regulating tenant buyout agreements was found in Cal. Civ. Code §§ 1940-1954.071. Some cities regulate buyouts.

Question 39

Do landlords need a rental license or registration in California?

Accepted Answer

No state statute requiring landlords to register rental units was found in Cal. Civ. Code §§ 1940-1954.071. Some cities require registration.

Question 40

Can the city inspect my rental property in California?

Accepted Answer

State law requires that buildings with three or more multifamily units must have exterior elevated elements with load-bearing parts (such as balconies and decks) inspected by a qualified professional. The first inspection was due by January 1, 2026, then every six years. The requirement does not apply to common interest developments (Civil Code § 4100), per § 17973(n).

Question 41

What is the eviction notices for other grounds (lease violation, no-fault) rule in California?

Accepted Answer

For a lease violation other than unpaid rent, the landlord must serve a written 3-day notice (not counting weekends and court holidays) to perform the broken term or leave before filing an eviction.

Question 42

What is the right to cure / redeem rule in California?

Accepted Answer

A tenant served with a 3-day notice for a curable lease violation can fix the violation within 3 days (not counting weekends and court holidays) and keep the tenancy.

Question 43

How does the eviction court process work in California?

Accepted Answer

After being served with an eviction complaint, the tenant has 10 days, not counting weekends and court holidays, to file a response.

Question 44

What is the eviction record sealing rule in California?

Accepted Answer

Eviction case records are masked: the clerk allows access only to parties and certain others, and opens the file to others generally only if the landlord wins against all defendants (60 days after filing when judgment comes within 60 days, or by court order after a later trial judgment).

Question 45

What happens to the lease when a tenant dies in California?

Accepted Answer

A tenancy that either party may end at will ends on notice of the tenant's death. Other tenancies, such as fixed-term leases, are not ended by death.

Question 46

What is the scra / military lease termination rule in California?

Accepted Answer

A service member (or for a lease signed on their behalf) may end a residential lease at any time after entering military service, or after the date of orders, if they entered service during the lease, or signed while in service and then got permanent change of station orders or a deployment of 90 days or more. Notice must be written, with a copy of the orders, delivered by hand, private carrier, or mail with return receipt. For monthly rent, termination takes effect 30 days after the next rent due date after delivery. Dependents' obligations under the lease also end.

Question 47

What is the property manager licensing rule in California?

Accepted Answer

A person who, for pay, leases or rents property for others, solicits tenants, or collects rents is acting as a real estate broker and needs a California real estate license.

Question 48

What is the rental / transient occupancy tax rule in California?

Accepted Answer

Cities and counties may levy a transient occupancy tax on stays of 30 days or less in hotels and other lodging. Rates are set locally.

Question 49

What are the Airbnb / short-term rental rules in California?

Accepted Answer

No state statute regulating short-term rentals was found in Cal. Civ. Code §§ 1940-1954.071. Cities and counties regulate them locally.

Question 50

Can a tenant sublet an apartment in California?

Accepted Answer

Civil Code chapter 6 (Assignment and Sublease, §§ 1995.010-1995.340) applies only to transfer of a tenant's interest in a lease of real property for other than residential purposes. A full-text search of Civil Code Title 5, Chapter 2 (Hiring of Real Property, §§ 1940-1954.071) found no general statewide rule that a residential tenant may or may not sublet or assign, or that a landlord's consent may not be unreasonably withheld. Related statewide rules apply in defined cases. Where Civil Code § 1946.2 applies (after the occupancy periods in subsection (a), and subject to the exemptions and local-ordinance rules in subsections (e) and (i)), at-fault just cause includes assigning or subletting the premises in violation of the tenant's lease, as described in Code of Civil Procedure § 1161(4). Section 1946.2 is operative April 1, 2024, and remains in effect only until January 1, 2030. Under Code of Civil Procedure § 1161(4), operative February 1, 2025, a tenant or subtenant who assigns or sublets contrary to the conditions or covenants of the lease thereby terminates the lease, and the landlord is entitled to restitution of possession after a three-day notice to quit. Where Civil Code § 1947.12 applies, a tenant shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate in § 1947.12(a), and that subdivision does not authorize a sublet or assignment where otherwise prohibited; § 1947.12 also has exemptions and remains in effect only until January 1, 2030. For a dwelling subject to a local rent-control ordinance, Civil Code § 1954.53 does not enlarge or diminish an owner's right to withhold consent to a sublease or assignment, and it states when an owner may increase the rent to a lawful sublessee or assignee if the original occupants no longer permanently reside there, with the other conditions and exceptions in that section. The lease terms control except as these or other laws, including local ordinances, provide. This is not a finding of no restriction. Code of Civil Procedure § 1161(3) separately addresses a tenant who continues in possession after failing to perform a covenant not to assign or sublet, and it includes a three-day performance-or-possession notice and a right to cure when the violated covenant can still be performed. Civil Code § 1951.4 is a landlord-remedy rule after breach and abandonment when the lease gives a right to sublet or assign subject only to reasonable limitations; it is not a general consent-to-sublet rule and is not summarized here as one. Civil Code §§ 1946.2 and 1947.12 have additional occupancy, exemption, notice, and enforcement conditions that are in the official text and are not restated in full.

California landlord-tenant law FAQ