California Landlord-Tenant Law: Renting a home in California can be an exciting but complex process, especially given the state’s strict landlord-tenant laws. Whether you’re a tenant looking for your next home or a landlord renting out a property, understanding these laws can help prevent legal disputes and ensure a smooth rental experience.
This guide will break down must-know rules before renting a home in California, including rental agreements, security deposits, rent control, eviction laws, tenant rights, and maintenance responsibilities.
California Landlord-Tenant Law
| Topic | Key Information |
|---|---|
| Rental Agreements | Must be in writing if longer than a year. Verbal agreements are valid for shorter leases. |
| Security Deposit Limits | 2 months’ rent for unfurnished, 3 months’ rent for furnished properties. Must be returned within 21 days. |
| Rent Control | Rent increases limited to 5% plus inflation annually under the Tenant Protection Act of 2019. |
| Eviction Rules | “Just cause” is required for eviction under state law. |
| Landlord Entry | Landlords must give 24-hour written notice before entering the rental unit, except in emergencies. |
| Tenant Rights | Tenants are protected against retaliation and discrimination under California law. |
| Maintenance Responsibilities | Landlords must provide a habitable unit, including plumbing, heating, and safety compliance. |
California’s landlord-tenant laws protect both renters and property owners, ensuring fair treatment and legal clarity. By understanding rental agreements, security deposit rules, rent control laws, eviction procedures, and maintenance responsibilities, both tenants and landlords can avoid disputes and create a positive rental experience.
If you need legal assistance, visit the California Department of Consumer Affairs for more information.
Understanding California Rental Agreements
A rental agreement is a legally binding contract that outlines the responsibilities of both the landlord and tenant. In California:
- Written agreements are required for leases over 1 year.
- Month-to-month agreements can be oral or written but must comply with state laws.
- The lease should clearly state:
- Rent amount and due date
- Security deposit terms
- Responsibilities for utilities and maintenance
- Rules on subleasing and guests
Example:
If a tenant signs a 12-month lease and breaks it after 6 months, they may be responsible for remaining rent unless the landlord finds a replacement tenant.
Security Deposits: How Much Can Landlords Charge?
In California, landlords cannot charge unlimited security deposits. The limits are:
- 2 months’ rent for unfurnished properties.
- 3 months’ rent for furnished properties.
- The deposit must be returned within 21 days after the tenant moves out.
- Landlords must provide an itemized statement if they withhold any portion for damages.
Example:
If a tenant pays $2,500 in rent, their landlord cannot charge more than $5,000 as a security deposit.
Rent Control Laws: How Much Can Rent Increase?
The Tenant Protection Act of 2019
Under California’s rent control laws:
- Landlords cannot increase rent by more than 5% plus inflation per year.
- Rent control applies to properties that are over 15 years old.
- Single-family homes (owned by corporations) and new buildings are exempt.
Example:
If inflation is 3%, a landlord can increase rent by up to 8% in one year (5% + 3% inflation).
Note: Some cities (like Los Angeles and San Francisco) have stricter rent control laws.
Landlord Entry Rights: When Can a Landlord Enter?
Landlords cannot enter a rental unit at will. California law states:
- A 24-hour written notice is required for non-emergency entry.
- No notice is needed for emergency situations (e.g., fire, gas leak).
Example:
If a landlord needs to repair plumbing, they must provide a written notice at least a day before entering.
Tenant Rights & Anti-Discrimination Laws
Tenants in California have strong legal protections against retaliation and discrimination.
Protected Classes (California Fair Housing Laws)
- Race, color, nationality, and religion
- Sex, gender identity, and sexual orientation
- Disability and medical conditions
- Source of income (e.g., Section 8 housing)
Landlords cannot refuse to rent to someone based on these factors.
Example:
A landlord cannot refuse to rent to a tenant who uses a housing voucher.
Eviction Laws: When Can a Tenant Be Evicted?
“Just Cause” Eviction Laws
Landlords must have a valid reason (“just cause”) to evict a tenant, such as:
- Non-payment of rent
- Lease violations (e.g., subletting without permission)
- Illegal activities (e.g., drug use, property damage)
Notice Requirements
- 3-day notice for unpaid rent
- 30 to 60-day notice for no-fault evictions
- Tenants can fight evictions in court
Maintenance Responsibilities
Landlords must ensure rental properties are safe and habitable, which includes:
- Working plumbing, heating, and electrical systems
- Proper waste disposal facilities
- Pest control (if infestations are not caused by tenant negligence)
- Compliance with building and safety codes
If a landlord fails to make necessary repairs, tenants may:
- File a complaint with local housing authorities
- Withhold rent in severe cases (but should consult legal advice first)
FAQs On California Landlord-Tenant Law
1. Can a landlord raise rent multiple times in a year?
No. Under California law, rent can only increase once per year, and it cannot exceed 5% + inflation.
2. Can a tenant refuse a landlord’s entry?
Yes, if the landlord does not provide proper notice or tries to enter without a valid reason.
3. What happens if a landlord does not return the security deposit?
The tenant can file a complaint with the California Department of Consumer Affairs or take legal action.
4. Is a landlord responsible for pest control?
Yes. Landlords must maintain a habitable home, including pest control for infestations not caused by the tenant.
5. Can a landlord evict a tenant for no reason?
No. California’s “just cause” law requires a valid legal reason for eviction.
