Tenant Rights in California

Security Deposits

• Maximum amount1 month's rent (unfurnished) or 2 months' rent (furnished) as of July 1, 2024, under AB 12.
• Return deadline21 days after move-out.

Landlord must provide an itemized statement of deductions. Allowable deductions include unpaid rent, cleaning beyond normal wear and tear, and repair of damages caused by the tenant.

Eviction Process

• Notice requirements3-day notice for nonpayment of rent; 30-day notice for month-to-month tenancy (under 1 year); 60-day notice for tenancies over 1 year. Just cause required under AB 1482 for most tenancies over 12 months.
• Judicial eviction requiredYes
• Estimated timeline5 to 8 weeks from notice to judgment in uncontested cases. Contested evictions can take 3 to 6 months.

Rent Control

AB 1482 (Tenant Protection Act) caps annual rent increases at 5% + CPI or 10%, whichever is lower, for most residential properties built before 2005. Cities like San Francisco, Los Angeles, Oakland, and Berkeley have additional local rent control ordinances with stricter limits.

Repair and Habitability

• Repair and deductAllowed
• Rent withholdingAllowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice30 days' notice (tenancy under 1 year) or 60 days' notice (tenancy over 1 year).

Tenant may be liable for remaining rent, but landlord has duty to mitigate by attempting to re-rent. Active military members can terminate under SCRA. Domestic violence victims can terminate with 14 days' notice.

Key Statutes

• Tenant Protection Act (AB 1482): Cal. Civ. Code §§ 1946.2, 1947.12
• Security Deposits: Cal. Civ. Code § 1950.5
• Habitability: Cal. Civ. Code § 1941
• Repair and Deduct: Cal. Civ. Code § 1942
• Retaliation: Cal. Civ. Code § 1942.5

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in California

Frequently Asked Questions

• How much can a landlord charge for a security deposit in California?

  As of July 1, 2024, California limits security deposits to 1 month's rent for unfurnished units and 2 months' rent for furnished units, under Assembly Bill 12. This applies to most residential landlords.

• How much notice does a landlord need to give to raise rent in California?

  Landlords must give 30 days' notice for increases of 10% or less, and 90 days' notice for increases over 10%. Under AB 1482, most rent increases are capped at 5% + CPI or 10%, whichever is lower.

• Can a landlord evict without cause in California?

  Under AB 1482, landlords cannot evict tenants who have lived in the unit for more than 12 months without just cause. Just cause includes nonpayment of rent, breach of lease, owner move-in, and substantial renovation. Units exempt from AB 1482 (single-family homes owned by non-corporations, units built after 2005) may allow no-cause evictions with proper notice.

• What are my rights if my landlord won't make repairs in California?

  California tenants have the right to a habitable dwelling. If the landlord fails to make repairs after reasonable notice, you can: (1) use repair-and-deduct to fix the issue and deduct the cost from rent (up to one month's rent), (2) withhold rent until repairs are made, or (3) file a complaint with your local code enforcement agency.

Sources

• California Department of Consumer Affairs: Tenant Rights
• California Civil Code §§ 1940–1954