California Landlord-Tenant Law Guide
Comprehensive guide to California landlord-tenant laws, regulations, and compliance requirements.
⚠️ Important Legal Disclaimer
This guide provides general information about California landlord-tenant laws. Laws change frequently and vary by city and county. Always consult with a qualified California real estate attorney for legal advice specific to your situation. This guide is not a substitute for professional legal counsel.
Security Deposits
Security Deposit Limits
- Unfurnished Properties: Maximum 2 months' rent
- Furnished Properties: Maximum 3 months' rent
- Military Personnel: Special protections apply
Security Deposit Return
- Timeline: 21 days after tenant moves out
- Itemized Statement: Required for any deductions
- Deductions: Must be for actual damages beyond normal wear and tear
- Interest: Not required by state law (check local ordinances)
Rent Control & Rent Increases
Statewide Rent Control (AB 1482)
- Coverage: Applies to most rental properties built 15+ years ago
- Rent Increase Limit: 5% + inflation (max 10% per year)
- Just Cause Eviction: Required for most tenancies after 12 months
- Exemptions: Single-family homes, condos (if owner not a corporation/REIT)
Local Rent Control
- Many cities have additional rent control ordinances
- Los Angeles, San Francisco, Oakland, and others have stricter rules
- Check local ordinances for specific requirements
- Local laws may be more restrictive than state law
Rent Increase Notice
- 30 Days: For increases less than 10%
- 60 Days: For increases 10% or more
- 90 Days: For increases 10% or more in some cities
Required Disclosures
- • Lead-Based Paint: Required for properties built before 1978
- • Mold: Disclosure of known mold issues
- • Bed Bugs: Disclosure of previous bed bug infestations
- • Death on Property: Disclosure if death occurred within 3 years (if asked)
- • Registered Sex Offenders: Information on how to access database
- • Smoking Policy: If smoking is prohibited
- • Garage/Carport: Disclosure if not included in lease
- • Asbestos: If known to be present
- • Flood Zone: If property is in a flood zone
Eviction Procedures
Just Cause Eviction Requirements
- At-Fault Just Cause: Non-payment, breach of lease, illegal activity, etc.
- No-Fault Just Cause: Owner move-in, substantial renovations, withdrawal from rental market
- Relocation Assistance: May be required for no-fault evictions (check local laws)
- Notice Requirements: Vary by reason for eviction (3, 30, 60, or 90 days)
Eviction Process
- 1. Serve proper notice (varies by reason)
- 2. File unlawful detainer lawsuit if tenant doesn't comply
- 3. Court hearing (typically 20-30 days after filing)
- 4. Writ of possession if landlord wins
- 5. Sheriff's lockout (5 days after writ)
Key Tenant Rights
- • Right to habitable premises (warranty of habitability)
- • Right to privacy (24-hour notice for entry, except emergencies)
- • Right to organize (cannot prohibit tenant associations)
- • Protection against retaliation
- • Right to repair and deduct (for habitability issues)
- • Protection against discrimination (Fair Housing Act)
Additional Resources
- • California Civil Code: Sections 1940-1954.05 (Landlord-Tenant)
- • California Department of Consumer Affairs: Landlord-Tenant information
- • Local Housing Authorities: Check city/county specific requirements
- • Legal Aid Organizations: For tenant and landlord resources
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