California Landlord-Tenant Law FAQ

As of July 1, 2024, California AB 12 caps security deposits at one month's rent for most residential rentals, regardless of whether the unit is furnished or unfurnished. This is a significant change from the previous law which allowed up to two months' rent for unfurnished units and three months for furnished units.

Important Exceptions:

• Small landlords who own no more than two residential rental properties totaling no more than four dwelling units can still charge up to two months' rent
• Active military members have additional protections under state and federal law

The deposit limit includes all refundable deposits combined, including last month's rent if collected as a deposit. Non-refundable fees such as cleaning fees or pet deposits designated as non-refundable are generally prohibited in California residential tenancies.

If a landlord charged you more than the legal limit, you may recover the excess amount. Generate a security deposit demand letter to request return of excess deposits.

Under California Civil Code Section 1950.5(g), landlords must return your security deposit within 21 calendar days after you vacate the rental unit and return possession. This 21-day period begins on the day you move out and surrender the keys, not the lease end date.

What Landlords Must Provide:

• Return the full deposit, OR
• Provide a written itemized statement explaining any deductions along with the remaining balance
• For any deductions over $125, include copies of receipts or invoices documenting actual costs

If repairs cannot be completed within 21 days, the landlord may provide a good faith estimate and must send final documentation within 14 days after completion. Weekends and holidays count toward the 21-day deadline.

Penalties for Non-Compliance: Landlords who fail to comply may lose the right to make any deductions and could be liable for up to twice the deposit amount in bad faith cases.

Use our security deposit demand letter generator if your landlord missed the deadline.

Under California's Tenant Protection Act (AB 1482), landlords of covered properties must have just cause to evict tenants who have occupied the unit for at least 12 months. Just cause is divided into at-fault and no-fault reasons.

At-Fault Causes:

• Nonpayment of rent
• Material breach of lease terms
• Nuisance behavior
• Criminal activity on the premises
• Refusal to allow lawful landlord entry
• Unauthorized subletting
• Refusal to sign a renewal lease with similar terms
• Failure to vacate after owner acceptance of tenant buyout agreement

No-Fault Causes:

• Owner or qualifying family member move-in
• Withdrawal of the unit from the rental market (Ellis Act)
• Compliance with government or court orders
• Substantial renovation requiring vacancy

For no-fault evictions, landlords must provide relocation assistance equal to one month's rent or waive the final month's rent.

Exempt Properties: Most single-family homes not owned by corporations (with proper notice), units built within the past 15 years, and owner-occupied duplexes.

A California eviction timeline varies based on the eviction type, tenant response, and court scheduling.

Typical Timeline Breakdown:

• Initial notice period (3-90 days): 3-day for nonpayment, 30-60 day for no-cause (if allowed), 90-day for subsidized housing
• Court filing to service (1-5 days): Landlord files unlawful detainer after notice expires
• Response deadline (5 days): 5 days if personally served, 15 days for substituted service
• Trial setting (15-30+ days): Typically 15-30 days after answer filed; busy courts may take 45+ days
• Writ of possession (5+ days after judgment): Sheriff posts 5-day notice before lockout

Total Timeline Examples:

• Uncontested cases: 30-45 days total
• Typical contested cases: 60-90 days
• Complex cases with appeals: 4-12 months

Filing an answer always extends the timeline by requiring a trial. Even if eviction is likely valid, answering buys time to find housing and negotiate more move-out time.

Use our eviction timeline calculator to estimate your specific situation.

California landlords must maintain rental units in habitable condition under the implied warranty of habitability (Civil Code Section 1941).

Required Maintenance Includes:

• Effective waterproofing and weather protection
• Working plumbing with hot and cold running water connected to sewage disposal
• Heating facilities in good working order
• Electrical lighting and wiring in good condition
• Clean and sanitary buildings and grounds free from debris and pests
• Adequate trash receptacles
• Floors, stairways and railings in good repair
• Functioning locks on doors and windows
• Working smoke and carbon monoxide detectors

Additionally, Health and Safety Code Section 17920.3 requires landlords to address structural hazards, fire safety deficiencies, hazardous wiring or plumbing, and conditions creating health hazards.

Landlords must make repairs within a reasonable time after proper notice, typically 30 days for non-emergency issues but faster for health and safety emergencies. Tenants cannot waive these rights in the lease.

Create a repair request letter with proper legal citations.

Yes, California tenants can withhold rent when landlords fail to maintain habitable conditions, but you must follow proper procedures to protect yourself legally.

Steps Before Withholding Rent:

1. Notify your landlord in writing describing the defects and requesting repairs
2. Give reasonable time for repairs (typically 30 days for non-emergency issues)
3. Ensure the defects substantially impair habitability, not just minor inconveniences
4. Confirm you did not cause the problems yourself

When Withholding Rent:

• Deposit the withheld amount in a separate bank account
• This demonstrates good faith and ability to pay once repairs are made
• Be prepared for landlord to file eviction lawsuit
• Raise habitability issues as defense in court

Courts may reduce the rent owed proportionally based on how much the defects diminished the unit's value.

Alternative Remedies:

• Repair and deduct (up to one month's rent, twice per year)
• Report to code enforcement
• File lawsuit for damages while continuing to live in the unit

California Civil Code Section 1942 allows tenants to make necessary repairs and deduct the cost from rent when landlords fail to maintain habitable conditions.

Requirements:

• Notify landlord in writing about needed repairs
• Give reasonable time to complete work (typically 30 days)
• Issues must be serious habitability defects, not cosmetic problems
• You must not have caused the damage yourself
• Repair cost cannot exceed one month's rent
• Can only use this remedy twice in any 12-month period

When Making Repairs:

• Obtain multiple written estimates
• Use licensed contractors for work requiring permits
• Keep all receipts and documentation
• Take before and after photographs

After completing repairs, provide your landlord with copies of receipts along with your reduced rent payment and written explanation.

This remedy works best for clearly necessary repairs like fixing a broken heater, repairing plumbing leaks, or addressing pest infestations that the landlord has ignored despite proper notice.

Under California Civil Code Section 1954, landlords must follow specific procedures before entering your rental unit.

Standard Entry Requirements:

• Provide at least 24 hours written notice
• Enter only during normal business hours (generally 8 AM to 5 PM, Monday through Friday)
• Notice must state the date, approximate time, and purpose of entry

Permitted Entry Purposes:

• Making necessary repairs
• Showing the unit to prospective tenants or buyers
• Conducting move-out inspections
• Under court order

Emergency Entry: In genuine emergencies such as gas leaks, flooding, or fire, landlords may enter without notice to prevent damage or protect occupants.

Penalties for Violations: Landlords who repeatedly violate entry requirements can be sued for actual damages plus $2,000 per violation under Civil Code Section 1940.2. Tenants may also be able to terminate their lease based on breach of quiet enjoyment.

Under California's Tenant Protection Act (AB 1482), landlords of covered properties are limited in how much they can raise rent.

California Rent Cap:

• Maximum increase: 5% plus local inflation (CPI) OR 10%, whichever is lower
• This limit applies within any 12-month period

Covered Properties:

• Most multi-family buildings
• Single-family homes owned by corporations or LLCs
• Rental properties built more than 15 years ago

Exempt Properties:

• Most single-family homes owned by natural persons (with proper notice to tenants)
• Units built within the past 15 years
• Owner-occupied duplexes

Notice Requirements:

• 30 days written notice for increases of 10% or less within 12 months
• 90 days notice for increases greater than 10%

Local rent control ordinances in cities like San Francisco, Los Angeles, and Oakland may impose stricter limits on covered properties within those jurisdictions.

California Civil Code Section 789.3 strictly prohibits landlords from using self-help eviction tactics. Only a sheriff can physically remove a tenant after a lawful court eviction judgment.

Prohibited Actions:

• Changing locks
• Removing doors or windows
• Shutting off utilities
• Removing tenant belongings
• Physically forcing tenants to leave

Your Remedies:

1. Call local police: They can help you regain entry to your unit
2. Sue for damages: Recover actual damages plus $100 per day for each day the violation continues (minimum $250)
3. Attorney fees: Recover your court costs and legal fees
4. Emergency restraining order: Court can order landlord to restore access
5. Report to authorities: Contact local code enforcement or housing authority

Document everything: photograph changed locks, record utility shutoffs, save any threatening communications. Illegal lockout can occur even during an active eviction lawsuit - landlords must wait for court judgment and sheriff execution regardless of circumstances.

Yes, California Civil Code Section 1942.5 provides strong protections against landlord retaliation.

Protected Tenant Activities:

• Complaining to the landlord about habitability issues
• Complaining to government agencies about code violations
• Exercising repair and deduct or rent withholding remedies
• Organizing with other tenants about building conditions

Prohibited Retaliatory Actions:

• Eviction or eviction threats
• Rent increases
• Reduction of services
• Harassment

180-Day Presumption: If a landlord takes adverse action within 180 days of protected tenant activity, the law presumes the action is retaliatory. The burden shifts to the landlord to prove legitimate business reasons.

Your Remedies:

• Defeat an eviction lawsuit
• Recover actual damages for financial losses
• Obtain injunctive relief to stop ongoing retaliation
• Recover attorney fees

To Protect Yourself: Always make complaints in writing with dated copies, document the timeline, and save all communications with your landlord.

Fighting an eviction in California requires prompt action and understanding of available defenses.

Step 1: Review the Notice Carefully

• Check for errors - defective notices can defeat eviction
• Common defects: wrong amount, improper format, insufficient time, improper service
• Verify if proper just cause is stated (for AB 1482 covered properties)

Step 2: Wait for Court Papers

• Wait for notice period to expire
• Landlord must file unlawful detainer lawsuit

Step 3: File Your Answer QUICKLY

• 5 days to file if personally served
• 15 days if served by substituted service
• Missing deadline = default judgment and rapid eviction

Common Defenses:

• Improper notice
• Retaliatory eviction (Civil Code 1942.5)
• Discriminatory eviction (FEHA)
• Habitability issues landlord failed to address
• Landlord accepted partial rent payment
• AB 1482 just cause violations

Seek legal help immediately from legal aid organizations, law school clinics, or tenant rights groups. You can request a jury trial in your Answer.