❓ California Tenant Rights
FAQ

In California, notice periods depend on the reason and tenancy length. For nonpayment of rent: 3-day notice. For curable lease violations: 3 days to cure or quit. For incurable violations: 3-day unconditional quit. For no-fault evictions: 30 days if tenancy < 1 year, 60 days if ≥ 1 year. Under AB 1482 just cause protections, relocation assistance may also be required for no-fault evictions. Local ordinances (LA, SF, Oakland, etc.) often provide stronger protections.

AB 1482 (the Tenant Protection Act) requires landlords to have "just cause" to evict tenants who have lived in a unit for 12+ months in most residential properties built before 2009. Just causes include: nonpayment of rent, material lease violations, criminal activity, or owner move-in (with relocation assistance). Single-family homes with proper notice, condos, and newer buildings are often exempt. Check your local ordinance — many cities have their own stronger just cause rules.

No. California Civil Code §1942.5 prohibits retaliatory evictions. If you receive an eviction notice, rent increase, or service reduction within 180 days of filing a code complaint, organizing with other tenants, or asserting any legal right, the law presumes retaliation. You can raise this as an affirmative defense in eviction court, and you may sue for actual and punitive damages plus attorney fees.

Ignoring an eviction notice is extremely risky. After the notice period expires, your landlord can file an unlawful detainer (UD) lawsuit with the court. If you fail to respond to the summons (typically within 5 business days), a default judgment can be entered against you — resulting in a lockout, a judgment on your credit report, and owing court costs. Always respond, even if you believe the eviction is wrongful.

Absolutely not. Self-help evictions — changing locks, removing doors, cutting off utilities, or removing belongings — are illegal in California regardless of how much rent is owed. This is a misdemeanor under Civil Code §789.3 and entitles you to actual damages (including moving costs and hotel stays), $100/day in statutory penalties, and attorney fees. Call law enforcement and a tenant attorney immediately if this happens.

After serving a notice, landlords must file an unlawful detainer (UD) lawsuit. You have 5 business days to file a written response after being served with the summons. A trial is typically held 10–20 days after you respond. If the landlord wins, a writ of possession is issued, giving you 5 days before a sheriff enforces the lockout. At each stage you can raise defenses (retaliation, habitability, improper notice, etc.). Free legal aid is available in many counties.

California landlords must return your deposit — plus an itemized written statement of any deductions — within 21 calendar days after you vacate. If they fail to provide an itemized statement or return the deposit on time, they forfeit the right to any deductions and may owe you up to 2× the deposit as a bad faith penalty under Civil Code §1950.5.

Landlords may only deduct for: (1) unpaid rent, (2) cleaning the unit to the condition it was in when you moved in (not better), and (3) repairing damage beyond normal wear and tear. They CANNOT deduct for: painting, normal carpet wear, replacing items with normal useful life, or pre-existing damage. Deductions must be itemized with receipts for work over $125. Deductions for cleaning must be reasonable.

As of July 1, 2024 (AB 12), landlords may charge a maximum of one month's rent for security deposits on most unfurnished residential units. Previously the limit was 2 months rent (unfurnished) or 3 months (furnished). Exceptions apply for small landlords (owns 2 or fewer residential properties with no more than 4 total units). Pet deposits are included in this cap.

Only if your lease explicitly allows it. Most leases prohibit this and your landlord can deduct unpaid last month's rent from your deposit. However, if you're being illegally evicted, withholding the last month's rent as a practical matter (knowing your deposit will cover it) is a strategy some tenants use — but consult an attorney before doing so.

AB 1482 applies to most California residential rental units, BUT excludes: single-family homes and condos where the owner has given proper written notice, units built within the last 15 years (a rolling exemption), government-subsidized housing with its own rent rules, owner-occupied duplexes, and dormitories. If you're covered, your annual rent increase is capped at 5% + local CPI (never more than 10%).

Many California cities — including Los Angeles, San Francisco, Oakland, San Jose, Santa Monica, Berkeley, and others — have their own rent stabilization ordinances (RSOs) that often provide stronger protections than AB 1482. Local RSOs may cover more unit types, set lower rent increase caps, or require local just cause for eviction. AB 1482 is a floor, not a ceiling. If both apply to you, the stronger protection governs.

If your unit is covered by AB 1482 or a local ordinance, an above-cap rent increase is illegal. Steps: (1) Verify your unit is covered using our Rent Control Checker; (2) Send a written letter disputing the increase and citing the applicable law; (3) Contact your local housing department or rent board; (4) File a complaint with the CA Civil Rights Department if in a covered city; (5) Consult a tenant attorney — illegal rent increases can result in rent reduction orders and damages.

The Costa-Hawkins Rental Housing Act (1995) limits local rent control in California by: (1) exempting single-family homes and condos from local rent control ordinances; (2) allowing landlords to reset rent to market rate when a unit becomes vacant ("vacancy decontrol"). Some cities' rent boards still regulate rent through re-tenanting or other mechanisms. Costa-Hawkins remains a major battleground in California tenant rights law.

California Civil Code §1941.1 defines habitability. Legally uninhabitable conditions include: substantial rodent/vermin infestation; mold that affects health; lack of working heat (must maintain 70°F in living areas); inadequate plumbing or lack of hot water; broken windows or doors; damaged roof causing leaks; electrical hazards; and lack of garbage receptacles. Less severe issues may also qualify depending on severity and your landlord's failure to repair.

California law gives you several remedies: (1) Repair and Deduct: Hire a licensed contractor, deduct the cost from rent (up to one month's rent), twice per year — requires written notice and reasonable time to repair; (2) Rent Withholding: Stop paying rent into a trust account for serious habitability issues; (3) Report to code enforcement — triggers official inspection; (4) Sue in small claims for rent reduction and damages; (5) Lease termination for severe uninhabitable conditions. Always send repair requests in writing.

Yes. Visible mold that poses a health risk is explicitly listed as a substandard condition under California Health & Safety Code §17920.3. Landlords must remediate mold when given notice. Before starting, document extensively with dated photos. Send written notice by certified mail. If they fail to act within a reasonable time (typically 30 days for non-urgent), you can pursue repair-and-deduct, code enforcement, or legal action. Note: landlords are not liable for mold caused by tenants' own actions.

California's FEHA provides some of the nation's strongest housing discrimination protections. Protected classes include: race, color, religion, sex/gender, gender identity, sexual orientation, national origin, ancestry, disability (mental and physical), marital status, familial status (children), source of income, age (40+), military/veteran status, citizenship status, primary language, and immigration status. Local ordinances may add additional protections.

No. Since 2020, California law prohibits landlords from refusing to rent, advertise "No Section 8," or discriminate based on source of income — which includes Section 8, VASH, local rental assistance, and other government subsidies. Violations can be reported to the California Civil Rights Department (CRD), your local fair housing agency, or result in a civil lawsuit with damages. File your complaint within one year of the violation.

Under FEHA and the Fair Housing Act, landlords must provide reasonable accommodations for tenants with disabilities — including allowing service or emotional support animals (even in no-pet buildings), modifying lease terms, changing unit assignments, or approving physical modifications to the unit. The landlord can require documentation of the disability and the need for accommodation. They cannot charge extra fees for service animals.

No. A landlord cannot unilaterally change the terms of your lease during the lease period. New rules or conditions can only be added upon lease renewal, or with your written consent. If your landlord tries to add new fees, pet restrictions, parking rules, or other conditions without mutual agreement, you are not legally bound by them. Document any attempts in writing and decline in writing as well.

Illegal lease clauses include: waiving your right to the security deposit return timeline; waiving habitability rights; requiring you to pay for repairs the landlord is legally obligated to make; waiving the right to sue the landlord; late fees exceeding 5-6% of rent; prohibiting reasonable guests; restricting service animals; or waiving your right to proper eviction notice. Illegal clauses are void and unenforceable even if you signed them.

California Civil Code §1940.2 prohibits landlords from using harassment to force a tenant to vacate. Prohibited conduct includes: interrupting essential services (water, heat, gas, electricity); entering without 24-hour notice repeatedly; removing doors, windows, or personal property; threatening tenants; interfering with your right to quiet enjoyment; refusing to perform repairs; and offering "cash for keys" under coercive conditions. Many cities (LA, SF, Oakland) have additional stronger harassment protections.

Tenant buyouts are legal but heavily regulated in many cities. In San Francisco, LA, and other cities with buyout ordinances, your landlord must: disclose your right to refuse, provide 30+ days to consider the offer, register the agreement with the city, and allow you to rescind within a set period. You have the absolute right to say no to any buyout offer. Never sign a buyout agreement without consulting a tenant attorney — you may be giving up significant rent-stabilized rights worth tens of thousands of dollars.

California has several ongoing assistance programs: (1) HCD Emergency Rental Assistance — state program for qualifying low-income renters; (2) 211 County Referral — call 211 to find local emergency rental funds; (3) Local Housing Authorities — many counties operate their own assistance funds; (4) Utility Assistance (LIHEAP) — for gas and electric bills; (5) Nonprofit Emergency Funds — Catholic Charities, United Way, Salvation Army, and others. Eligibility requirements vary by program.

No. Even without specific COVID protections (most of which have expired), California law still requires landlords to follow the full eviction process — including proper notice periods, filing an unlawful detainer lawsuit, and waiting for a court judgment. You have rights throughout this process. Additionally, many courts and counties have eviction prevention programs. If you cannot pay rent, communicate with your landlord in writing, apply for assistance, and consult a legal aid organization.