Comprehensive answers to every major California tenant rights question. Security deposits, habitability, rent control, evictions, and more - with specific Civil Code citations and practical guidance.
Under California Civil Code 1950.5, your landlord must return your security deposit within 21 calendar days after you vacate the property and return the keys.
The clock starts when you:
California law strictly limits what landlords can deduct from your security deposit to four specific categories:
Landlords cannot deduct for normal wear and tear, which includes:
For any deduction over $126, landlords must provide copies of receipts or invoices. For deductions under $126, they can provide a good faith estimate if work hasn't been completed.
Under Civil Code 1950.5(l), if a landlord retains your security deposit in "bad faith," you can recover up to twice the amount of the security deposit in statutory damages.
| Deposit Amount | Regular Recovery | With Bad Faith (2x) |
|---|---|---|
| $2,000 | $2,000 | $4,000 |
| $3,500 | $3,500 | $7,000 |
| $5,000 | $5,000 | $10,000 |
California state law does not require landlords to pay interest on security deposits. However, several cities have local ordinances that do require interest payments.
Under California Civil Code 1954, landlords must provide at least 24 hours written notice before entering your rental unit in most circumstances.
When showing to prospective tenants or buyers, landlords can enter with 24-hour notice. However, for move-out inspections, the landlord needs your agreement on the time.
Civil Code 1954 provides an exhaustive list of reasons a landlord may enter. If the reason isn't on this list, entry is not authorized.
Unauthorized entry violates your rights under Civil Code 1954 and may support multiple legal claims.
California law imposes an "implied warranty of habitability" on all residential landlords under Civil Code 1941 and Health & Safety Code 17920.3. This warranty cannot be waived in the lease.
Landlords must maintain rental units with:
California provides several powerful remedies when landlords fail to maintain habitable conditions.
Fix the problem yourself and deduct the cost from rent (up to one month's rent, twice per 12-month period).
Withhold rent until repairs are made. This is risky - consult an attorney first.
File in small claims court for the reduced rental value during the period of uninhabitability, plus any other damages.
File a complaint with your city's building department. Inspectors can cite landlords and require repairs.
For severe habitability issues, you may be able to terminate the lease without penalty and move out.
The "repair and deduct" remedy under Civil Code 1942 allows tenants to fix habitability problems and subtract the cost from rent.
Yes, California courts recognize rent withholding as a remedy for serious habitability violations. However, this is a risky strategy and should be used carefully.
For most California tenants who have occupied their unit for 12 months or more, the answer is no.
Under the Tenant Protection Act of 2019 (AB 1482), codified in Civil Code 1946.2, landlords must have "just cause" to terminate a tenancy after the tenant has occupied the unit for 12 months or more.
Civil Code 1946.2 lists specific reasons landlords can use to evict tenants covered by AB 1482.
Under AB 1482, landlords who evict tenants for no-fault reasons must provide relocation assistance.
Many California cities have higher relocation requirements:
Many local ordinances provide enhanced relocation assistance for:
The Ellis Act (Government Code 7060-7060.7) is a California state law that allows landlords to evict all tenants and withdraw rental property from the market entirely.
Cities like San Francisco have enacted additional protections:
Many California cities have local rent control ordinances with varying rules and protections.
Even if you don't live in a rent control city, AB 1482 provides statewide rent caps of 5% + local CPI (max 10%) for most properties built before 2005.
Most California landlords are limited to annual rent increases of:
AB 1482 has several exemptions that may exclude your rental from rent cap and just cause protections.
For single-family home exemption, the landlord must:
California law allows early lease termination without penalty in specific circumstances.
Active military members called to duty can terminate with 30 days notice.
Severe habitability issues the landlord refuses to fix may justify termination.
Ongoing illegal harassment may justify breaking the lease.
If the lease contains unenforceable provisions that the landlord tries to enforce.
You may be liable for rent until the unit is re-rented. However:
Month-to-month tenancies in California can arise from the start or when a fixed-term lease expires and the tenant continues paying rent.
Civil Code 1942.5 prohibits landlord retaliation against tenants who exercise their legal rights.
Under Civil Code 1942.5(d), if a landlord takes adverse action within 180 days after you exercise a protected right, retaliation is legally presumed.
After 180 days, you can still claim retaliation, but you must prove the landlord's retaliatory motive - the automatic presumption no longer applies.
California tenants can recover several categories of damages depending on the type of violation.
For harassment, illegal lockouts, or egregious conduct - documented distress can be compensated.
Available in cases of fraud, malice, or oppression - designed to punish especially bad conduct.
Some statutes (like Civil Code 789.3) allow prevailing tenants to recover attorney fees. Check if your lease has an attorney fee provision.
Yes, always send a demand letter first. It's both practical and often expected by courts.
Under Civil Code 789.3, landlords are prohibited from using "self-help" eviction tactics.
Absolutely not. Civil Code 789.3 explicitly prohibits landlords from interrupting utility services.
Strong documentation is the foundation of any successful tenant claim.
See how other tenants have handled similar situations. Real questions and answers from our legal community.
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