California Landlord-Tenant Laws
California has the strictest landlord-tenant laws in the country. Get one thing wrong and you're looking at lawsuits, penalties, and void evictions.
Here's what you need to know in plain English.
Numbers You Need to Memorize
30/60 Days
30 days notice for tenants under 1 year. 60 days for tenants over 1 year. Use the wrong one and your notice is void.
21 Days
Deadline to return security deposit. Miss it and you may owe 2x the entire deposit to the tenant.
5% + CPI
Maximum annual rent increase under AB 1482. Cap is 10% even if CPI is higher. Exceed it and the increase is void.
Notice Requirements That Trip Up Landlords
Termination Notices
- 30-day notice: Month-to-month tenants under 1 year
- 60-day notice: Month-to-month tenants 1 year or more
- Just cause required: After 12 months under AB 1482
Pay or Quit Notices
- 3-day notice: Non-payment of rent only
- 3-day cure or quit: Fixable lease violations
- 3-day unconditional quit: Illegal activity, serious damage
Entry Notice
24 hours minimum before entering. Must be in writing. Must be during normal business hours. Emergency? No notice needed.
Security Deposit Rules (This Is Where Lawsuits Happen)
Maximum Amounts
- Unfurnished: 1 month's rent maximum
- Furnished: 2 months' rent maximum
- This includes all deposits, regardless of what you call them
Return Deadline
- 21 calendar days after move-out
- Itemized statement required
- Receipts for deductions over $125
- Miss deadline = potential 2x penalty
Common Mistake
Charging more than 1 month for an unfurnished unit. Doesn't matter if you call it "last month's rent" or "cleaning deposit." It all counts toward the limit.
Rent Control (AB 1482)
California's Tenant Protection Act affects most properties. If your property is covered, you must follow these rules:
Rent Increase Cap
5% plus local CPI, maximum 10% per year. No exceptions.
Just Cause Eviction
After 12 months of tenancy, you need a valid reason to terminate. "I want them out" isn't valid.
Relocation Payments
No-fault evictions require you to pay tenant 1 month's rent or waive the last month.
Exemptions (Your Property May Not Be Covered)
- • Single-family homes (with disclosure requirements)
- • Buildings less than 15 years old
- • Owner-occupied duplexes
- • Properties under local rent control
- • Affordable housing units
Note: Some cities have stricter local rent control. Los Angeles, San Francisco, Oakland, and others. Check your local laws.
California Eviction Process
- 1Serve proper written notice (3, 30, or 60 days)
- 2Wait for notice period to expire
- 3File Unlawful Detainer lawsuit in Superior Court
- 4Serve tenant with summons and complaint
- 5Tenant has 5 days to respond
- 6Attend court hearing (or get default judgment)
- 7Obtain Writ of Possession, sheriff enforces
Timeline: Uncontested evictions take 30-45 days from filing. Contested cases take 2-3 months or longer.
Never Do This
Self-help evictions are illegal in California. No changing locks, removing doors, shutting off utilities, or moving belongings. You will lose in court and pay damages.
What California Requires of Landlords
Habitability Standards
- • Weatherproofing and weather protection
- • Working plumbing, gas, and heat
- • Electrical in good working order
- • Clean, sanitary buildings and grounds
- • Smoke and CO detectors
- • Deadbolt locks on main doors
Required Disclosures
- • Lead-based paint (pre-1978)
- • Mold disclosure
- • Bed bug history
- • Flood zone location
- • Sex offender database notice
- • Demolition plans