Renter rights by state

California renter rights: the basics for first-time renters

Last reviewed: October 2026 · First Apartment Kit

California has detailed statewide renter protections, including a statewide rent cap and "just cause" eviction rules for many units, plus a 2024 law that cut the maximum security deposit. Many cities add stronger local rules. Here are the statewide basics.

Quick facts

Quick facts are simplified. Read the sections below for exceptions, and check your city or county too.

Security deposits

• Cap: since July 1, 2024, most landlords can charge no more than one month's rent as a security deposit, furnished or unfurnished. All move-in "fees" that act as deposits (cleaning, key, pet deposits) count toward that limit. Small landlords — individuals or family LLCs renting out no more than two properties with four or fewer units total — can charge up to two months.
• Never nonrefundable: a deposit can't be labeled nonrefundable.
• Return: within 21 days after you move out, the landlord must return the deposit or send an itemized statement of deductions (with receipts for larger repairs).
• Photos: landlords now must take photos of the unit at move-in and move-out under newer laws — but take your own dated photos too.

Rent increases and late fees

The Tenant Protection Act caps rent increases at many properties to 5% plus inflation (CPI), or 10%, whichever is lower, in any 12-month period. Exemptions include many single-family homes and condos owned by individuals (with the right lease notice) and buildings built within the last 15 years. Many cities, like Los Angeles and San Francisco, have their own stricter rent control.

For month-to-month tenants, a landlord must give 30 days' written notice of an increase of 10% or less, and 90 days for more than 10%.

California doesn't set a fixed late-fee cap, but a late fee must be a reasonable estimate of the landlord's actual costs from late payment. A fee so high it works as a penalty isn't valid. Local rent control may limit fees further.

Ending a month-to-month tenancy

To end a month-to-month tenancy, a landlord generally must give 30 days' written notice if you've lived there less than a year, or 60 days if a year or more. But many tenants are covered by "just cause" protections — under the Tenant Protection Act (generally after 12 months) or local law — so the landlord also needs a legal reason, and for some no-fault reasons must pay relocation help. Tenants usually give 30 days' written notice.

When the landlord can come in

A landlord may enter for repairs, inspections, showings, or emergencies, and only during normal business hours except in an emergency. Written notice is required, and 24 hours' advance written notice is presumed reasonable. You can agree to shorter notice. Entry can't be used to harass you.

Repairs and living conditions

Your landlord must keep the unit habitable — working plumbing, heat, hot water, electricity, weatherproofing, no serious pests, and so on. Report problems (in writing is best) and allow reasonable time; 30 days is generally presumed reasonable unless the problem is urgent.

• Repair and deduct: for serious health-and-safety defects you didn't cause, you can pay for the repair and deduct it from rent, up to one month's rent, no more than twice in 12 months.
• Other options: move out (abandonment), withhold rent in some situations, or sue for damages (small claims court handles up to $10,000 for individuals). These remedies carry risk, so read the state guide or talk to legal aid first.
• Local code enforcement can inspect and order repairs.

Eviction basics

• Unpaid rent: the landlord must serve a 3-day notice to pay or quit. Saturdays, Sundays, and court holidays aren't counted.
• Court only: after the landlord wins an unlawful detainer case, only the sheriff can remove you. Lockouts, utility shutoffs, and removing doors or belongings are illegal and can cost the landlord penalties.
• Respond fast: eviction lawsuits have short deadlines to file a response — read the papers right away and contact legal aid.

Retaliation and discrimination

A landlord can't retaliate — such as raising rent, cutting services, or evicting — because you complained about habitability, used repair-and-deduct, or organized with other tenants. Retaliation is presumed if it happens within 180 days of protected activity.

California's Fair Employment and Housing Act goes well beyond federal law, adding source of income (including vouchers), sexual orientation, gender identity, marital status, ancestry, age, genetic information, military or veteran status, and more. Survivors of domestic violence and other abuse can end a lease early with proper documentation.

City and county rules

Dozens of California cities and counties have local rent control and just-cause ordinances that are stronger than state law (for example Los Angeles, San Francisco, Oakland, and San Diego). Check your city's housing department.

Move-in checklist for California renters

• ☐ Get a written lease and read all of it before signing
• ☐ Get a receipt for the deposit and any move-in money
• ☐ Photograph every room, dated, before you unpack
• ☐ Fill out (or write your own) move-in condition list and keep a copy
• ☐ Note the rent due date, grace period, and late fee
• ☐ Write down how to request repairs, and do it in writing
• ☐ Save the landlord's legal name and address for notices
• ☐ Put your notice deadline for moving out in your calendar

Still apartment hunting? Our list of questions to ask a landlord before signing a lease covers deposits, fees, repairs, and move-out rules you will want answered in writing.

Where to get help in California

• California Department of Real Estate — California Tenants guide (PDF) — the official California Tenants guide.
• California Courts Self-Help — housing — deposits, evictions, and forms.
• California Civil Rights Department — housing discrimination complaints.
• Find free legal aid near you — the federal Legal Services Corporation's directory of local legal aid offices.
• File a housing discrimination complaint with HUD — the federal fair housing agency.

More help

Nonprofit and legal aid resources (not government sources):

• LawHelpCA — find free legal aid near you.

Official sources

These are the official state law and government pages we checked for every fact on this page. The law itself controls if anything here differs.

• California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (DRE, 2025)
• Cal. Civ. Code § 1950.5 (security deposits)
• Cal. Civ. Code § 1954 (landlord entry)
• Cal. Civ. Code § 1942 (repair and deduct)
• Cal. Civ. Code § 1942.5 (retaliation)
• Cal. Civ. Code § 1947.12 (Tenant Protection Act rent cap)
• Cal. Civ. Code § 827 (notice of rent increase)

Not legal advice; laws change and cities may add rules. Check the official sources below or a local legal aid office. This page is a plain-language summary written by First Apartment Kit, not the law itself. Last reviewed: October 2026.

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