California Landlord-Tenant Law

(a) Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated.

(b) The term "persons who hire" shall not include a person who maintains either of the following:
(1) Transient occupancy in a hotel, motel, residence club, or other facility when the transient occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code.
(2) Occupancy at a hotel or motel where the innkeeper retains a right of access to and control of the dwelling unit and the hotel or motel provides or offers all of the following services to all of the residents: (A) Facilities for the safeguarding of personal property pursuant to Section 1860; (B) Central telephone service; (C) Maid, mail, and room services; (D) Occupancy for periods of less than seven days; (E) Food service provided by a food establishment located on or adjacent to the premises.

(c) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

"Immigration or citizenship status" includes a perception that the person has a particular immigration status or citizenship status, or that the person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.

(a) No person may require an occupant of a residential hotel, as defined in Section 50519 of the Health and Safety Code, to move, or to check out and reregister, before the expiration of 30 days occupancy if a purpose is to have that occupant maintain transient occupancy status pursuant to paragraph (1) of subdivision (b) of Section 1940. Evidence that an occupant was required to check out and reregister shall create a rebuttable presumption of the purpose referred to in this subdivision.

(b) Any violation of subdivision (a) is punishable by a civil penalty of five hundred dollars ($500). The prevailing party shall be entitled to reasonable attorney's fees.

(a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:
(1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code (theft by fraud or force).
(2) Engage in conduct that violates Section 518 of the Penal Code (extortion).
(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant's quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person.
(4) Commit a significant and intentional violation of Section 1954 (unlawful entry).
(5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant.

(b) A tenant who prevails in a civil action to enforce rights under this section is entitled to a civil penalty not to exceed two thousand dollars ($2,000) for each violation.

(c) A good-faith warning notice regarding tenant conduct that violates the rental agreement is not a violation of this section.

(d) This section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing state or local law.

(a) A public entity shall not compel a landlord or agent to make any inquiry, compile, disclose, or report any information regarding the immigration or citizenship status of a tenant or prospective tenant.

(b) A landlord or agent shall not: (1) Make any inquiry regarding the immigration or citizenship status of a tenant or prospective tenant; (2) Require disclosure or certification concerning immigration status; (3) Disclose immigration status information for the purpose of harassing, retaliating, influencing a tenant to vacate, or recovering possession.

(c) This section does not prohibit: (1) Complying with federal legal obligations or court orders; (2) Requesting information to verify financial qualifications or identity.

(a) It is unlawful for a landlord to disclose to any immigration authority, law enforcement agency, or government agency information regarding the immigration or citizenship status of any tenant, occupant, or associated person for the purpose of harassing, intimidating, retaliating, influencing them to vacate, or recovering possession of the dwelling.

(b) If a court finds a violation, the court shall: (1) Order statutory damages between 6 and 12 times the monthly rent for each person whose status was disclosed; (2) Issue injunctive relief; (3) Notify the district attorney of a potential violation of Penal Code § 519.

(e) The court shall award attorney's fees and costs to the prevailing party.

(a) A landlord shall not prohibit a tenant from posting or displaying political signs relating to an election, legislative vote, referendum, recall, or issues before a public body.

(b) Political signs may be posted in the window or on the door of leased premises in a multifamily dwelling, or from the yard, window, door, balcony, or outside wall of a leased single-family dwelling.

(c) A landlord may prohibit signs that: (1) Exceed six square feet; (2) Violate local, state, or federal law; (3) Violate a lawful common interest development provision.

(d) A tenant shall post and remove signs in compliance with local ordinance time limits. If no local ordinance exists, the landlord may establish a reasonable period (beginning at least 90 days before the vote, ending at least 15 days after).

(b) A landlord shall not prohibit a tenant from: (1) Owning personal micromobility devices; (2) Storing and recharging up to one compliant personal micromobility device in their dwelling unit per occupant, provided the device meets UL 2849/EN 15194 (e-bikes) or UL 2272/EN 17128 (e-scooters) safety standards, or is insured. This right does not apply if the landlord provides secure, long-term storage.

(d) A landlord may: require compliance with fire code and State Fire Marshal guidance on lithium-ion battery safety; prohibit repair or maintenance on batteries/motors within the unit; require compliant storage location.

(a) A property owner shall not enforce or adopt a restriction prohibiting a religious item on any entry door or door frame of a dwelling.

(b) Restrictions are permissible only if the item: threatens public health or safety; hinders door operation; violates law; contains obscene content; or exceeds 36 by 12 square inches.

An owner may not refuse to rent to, or continue to rent to, an otherwise qualified tenant solely on the basis of the tenant's possession of a waterbed or other liquid-filled bedding where the tenant: (a) Furnishes a valid waterbed insurance policy (minimum $100,000 coverage, Best's B+ rating); (b) Ensures conformity with floor load capacity; (c) Installs, maintains, and removes the bedding per manufacturer/retailer/state standards with 24-hour written notice; (d) Complies with the owner's reasonable structural specifications.

(g) Notwithstanding Section 1950.5, the owner may increase security deposit by one-half of one month's rent.

(a) An owner who applies to any public agency for a permit to demolish a residential dwelling unit shall give written notice of that fact: (1) To a prospective tenant before entering into a rental agreement, accepting screening fees, or accepting other writings; (2) To a current tenant before applying for the permit.

(b) The notice shall include the earliest possible approximate demolition date and the approximate date the tenancy will be terminated.

(c) Remedies include actual damages, moving expenses, and a civil penalty up to $2,500 per tenant, plus attorney's fees.

(b) A landlord who has actual knowledge of any former federal or state ordnance location within one mile of the rental dwelling shall give written notice to a prospective tenant prior to execution of a rental agreement.

(c) "Former federal or state ordnance location" means an area identified by a government agency as once used for military training that may contain potentially explosive munitions.

A landlord shall provide each new tenant with a copy of the notice provided by a registered structural pest control company pursuant to Business and Professions Code § 8538, if a contract for periodic pest control service has been executed.

(b) A landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed pest control operator shall provide the tenant and adjacent impacted tenants with at least 24 hours' written notice containing: the pest to be controlled; name and brand of pesticide; required state caution language; and the approximate date, time, and frequency of application.

(c)(1) A landlord applying pesticide to a common area without a licensed operator shall post written notice in a conspicuous place containing the same information. Notice must be posted before application and remain for at least 24 hours after.

(d)(1) For routine scheduled pesticide applications in common areas, the landlord shall provide prior written notice to all dwelling unit tenants before initial application and to each new tenant before lease execution.

(a) If a landlord does not provide separate gas/electric meters for each tenant's dwelling unit and the landlord knows that service through a tenant's meter serves an area outside the tenant's unit, the landlord must, prior to inception of tenancy or upon discovery: (1) Explicitly disclose that condition to the tenant; and (2) Either execute a mutual written agreement for the tenant to pay the cost of service outside the unit, or make other written arrangements for payment.

(b) If the landlord fails to comply, the tenant may seek a court order requiring the landlord to become the customer of record and to reimburse the tenant for payments made to the utility for service outside the tenant's unit.

(b) A landlord shall permit a tenant to participate in personal agriculture in portable containers approved by the landlord in the tenant's private outdoor ground-level backyard area if: the tenant removes dead plant material; the crop does not interfere with maintenance; containers do not interfere with parking; and placement/location is determined by the landlord.

(d) A landlord may prohibit use of synthetic chemical herbicides, pesticides, and similar products.

(g) This section applies only to residential real property improved with a building containing not more than two units.

(b) A tenant may use a clothesline or drying rack in the tenant's private area (outdoor or enclosed with wall/fence access from the premises door) if: it does not interfere with maintenance; does not create health/safety hazard or block doors/walkways; the tenant seeks landlord consent before affixing a clothesline to a building; and use complies with reasonable time/location restrictions and landlord approval.

The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section 1929 (damage by tenant's own negligence or wrongful act).

(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following:
(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
(2) Plumbing or gas facilities that conformed to applicable law at time of installation, maintained in good working order.
(3) A water supply capable of producing hot and cold running water, connected to a sewage disposal system approved under applicable law.
(4) Heating facilities that conformed with applicable law at time of installation, maintained in good working order.
(5) Electrical lighting, with wiring and equipment that conformed with applicable law at time of installation, maintained in good working order.
(6) Building, grounds, and appurtenances kept in every part clean, sanitary, and free from debris, filth, rubbish, garbage, rodents, and vermin.
(7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair.
(8) Floors, stairways, and railings maintained in good repair.
(9) A locking mail receptacle for each unit in a residential hotel. [Operative July 1, 2008.]
(10) A stove maintained in good working order and capable of safely generating heat for cooking purposes. [Only applies to leases entered into, amended, or extended on or after January 1, 2026. A recalled stove is not capable of safely generating heat.]
(11)(A) A refrigerator maintained in good working order and capable of safely storing food. [Only applies to leases entered into, amended, or extended on or after January 1, 2026.] (B) A tenant and landlord may mutually agree in the lease that the tenant will provide their own refrigerator, provided the lease includes required disclosure language, gives the tenant a 30-day opt-out right, and the landlord does not condition tenancy on the tenant supplying a refrigerator.

(b) The stove and refrigerator requirements (paragraphs (10) and (11)) do not apply to: permanent supportive housing; single-room occupancy units; residential hotels; or housing facilities with shared or communal kitchens (including assisted living).

(c)(1) A landlord shall repair or replace a stove or refrigerator subject to recall within 30 days of receiving notice.

(a) No duty to repair arises under §§ 1941 or 1942 if the tenant is in substantial violation of obligations to: (1) Keep their part of the premises clean and sanitary; (2) Dispose of garbage properly; (3) Properly use and operate electrical, gas, and plumbing fixtures; (4) Prevent willful or wanton damage by persons on the premises with the tenant's permission; (5) Occupy the premises as an abode.

This exemption applies only where the tenant's violation contributes substantially to or interferes substantially with the landlord's repair obligation.

(a) On and after July 1, 1998, a landlord shall: (1) Install and maintain an operable dead bolt lock on each main swinging entry door of a dwelling unit extending at least 13/16 of an inch into the doorjamb; (2) Install and maintain operable window security or locking devices for windows designed to be opened (excluding louvered, casement, and windows >12 ft. vertically or >6 ft. horizontally from ground); (3) Install compliant locking mechanisms on exterior doors providing ingress/egress to common areas in multifamily developments.

(b) The tenant shall notify the owner of an inoperable deadbolt or window device. The landlord is not liable unless failing to correct within a reasonable time after actual or reported notice.

(c) Tenant remedies for violations include rights under §§ 1942, 1942.4, 1942.5, breach of contract action, and injunctive relief. In an unlawful detainer, tenant may raise the violation as an affirmative defense.

(f) This section does not apply to any building designated as historically significant.

The lessor of a building intended for residential occupation shall be responsible for installing at least one usable telephone jack, placing and maintaining the inside telephone wiring in good working order, and ensuring the inside telephone wiring meets the applicable standards of the California Electrical Code. The lessor shall not restrict access by the telephone utility to its network facilities up to the demarcation point.

(a) This section applies where a person alleged to have committed abuse or violence against the eligible tenant (or their immediate family or household member) is NOT a tenant of the same dwelling unit.

(b) A landlord shall, at the landlord's own expense, change the locks of the eligible tenant's dwelling unit within 24 hours of the eligible tenant's written request accompanied by qualifying documentation, and shall give the eligible tenant a key to the new locks.

(c)(1) If the landlord fails to change locks within 24 hours, the eligible tenant may change the locks without permission, notwithstanding any lease provision to the contrary. (2) The landlord shall reimburse the eligible tenant within 21 days. The tenant must change locks in a workmanlike manner, notify the landlord within 24 hours, and provide the landlord with a key.

(d) Documentation must include one of: (1) A copy of a protective order; (2) A police report; (3) Documentation from a qualified third party (health practitioner, DV counselor, SA counselor, human trafficking caseworker, victim of violent crime advocate); or (4) Any other documentation reasonably verifying the abuse or violence occurred.

(f) "Eligible tenant" means a tenant who is a victim, or who has an immediate family or household member who is a victim, and is not alleged to have committed the abuse or violence.

(b) A landlord shall, at the landlord's own expense, change the locks of a protected tenant's dwelling unit within 24 hours of written request accompanied by a court order that excludes a co-tenant from the dwelling, and shall give the protected tenant a key.

(c)(1) If the landlord fails to act within 24 hours, the protected tenant may change the locks. The landlord shall reimburse within 21 days.

(d) If locks are changed pursuant to this section, the landlord is not liable to the excluded person.

(e) An excluded person remains liable under the lease for rent.

(a) No obligation to repair a dilapidation relating to mold under Health and Safety Code § 17920.3(a)(13) arises until the lessor has notice of the dilapidation, or if the tenant is in violation of § 1941.2.

(b) A landlord may enter to repair mold-related dilapidations in compliance with § 1954 (24-hour notice).

(a) For any structure intended for human habitation, a landlord must remediate dilapidations arising from a "disaster" (a natural or manmade emergency resulting in a presidential or gubernatorial emergency declaration) by: (1) Removing debris caused by the disaster; (2) Mitigating hazards, including mold, smoke, ash, asbestos, or water damage.

(b) Until a public health determination is made that disaster debris does not contain toxic substances, its presence at a rental unit is presumed to render the unit untenantable.

(c) The landlord shall comply within a reasonable time and follow all government cleaning protocols. Landlord must notify tenant in writing of compliance and offer to provide copies of any environmental studies.

(d) Unless lawfully terminated, the tenancy remains in effect and the tenant has the right to return at the same rental rate as soon as safe and practicable.

(a)(1) When a residential tenancy is terminated due to destruction of the property (§ 1932(2) or § 1933(4)), the landlord shall return any advance rental payments covering the period after termination within 21 days.

(b) During any period in which a tenant is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a declared disaster, the tenant's rent obligation is discharged for the evacuation period. If the tenant already paid rent for the evacuation period, the landlord shall return it within 10 calendar days after the evacuation order is lifted, or the tenant may deduct it from the next month's rent.

(a) If within a reasonable time after written or oral notice to the landlord of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same where the cost does not exceed one month's rent and deduct the expenses from rent when due, or the tenant may vacate the premises and be discharged from further rent obligation as of the date of vacating. This remedy is not available more than twice in any 12-month period.

(b) If a tenant acts to repair and deduct after the 30th day following notice, there is a rebuttable presumption of reasonable time. Shorter notice is allowed if circumstances require.

(c) The remedy is not available if the condition was caused by the tenant's violation of §§ 1929 or 1941.2.

Any agreement by a lessee waiving or modifying rights under §§ 1941 or 1942 is void as contrary to public policy with respect to any condition rendering the premises untenantable, except that the lessor and lessee may agree in writing that the lessee shall undertake to improve, repair, or maintain all or stipulated portions of the dwelling as part of the consideration for rental.

A tenant who has made a payment to a utility pursuant to specified sections of the Public Utilities Code (§§ 777, 777.1, 10009, 10009.1, 12822, 12822.1, 16481, or 16481.1) or to a district pursuant to Government Code § 60371 may deduct the payment from rent.

(a) In an unlawful detainer action, a rebuttable presumption that the landlord has breached habitability requirements is created if ALL of the following exist: (1) The dwelling substantially lacks a § 1941.1 standard characteristic, or is declared substandard under Health and Safety Code § 17920.3; (2) A public officer notified the landlord in writing of the obligation to abate; (3) The conditions have existed and not been abated 60 days beyond the notice date without good cause; (4) The conditions were not caused by the tenant.

(a) A landlord may not demand rent, collect rent, issue a notice of rent increase, or issue a three-day notice to pay or quit if ALL of the following pre-exist the demand: (1) The dwelling substantially lacks a § 1941.1 characteristic or is declared substandard; (2) A public officer has notified the landlord in writing of the obligation to abate; (3) Conditions have existed and not been abated 35 days beyond service of notice without good cause; (4) The conditions were not caused by the tenant.

(b) A landlord who violates this section is liable for actual damages plus special damages of $100–$5,000. The prevailing party is entitled to attorney's fees.

(a) If the lessor retaliates against the lessee because of the exercise of the lessee's rights under this chapter or because of a complaint to an appropriate agency regarding habitability, and if the lessee is not in default in rent, the lessor may not recover possession, cause the lessee to quit involuntarily, increase rent, or decrease services within 180 days of any of the following:
(1) Tenant gives notice under § 1942, provides bed bug notice, or makes an oral habitability complaint to the lessor; (2) Tenant files a written complaint with an appropriate agency; (3) An inspection or citation results from the complaint; (4) Filing of a judicial or arbitration proceeding involving tenantability; (5) Entry of judgment or arbitration award adverse to the lessor on tenantability.

(c)(e) Reporting, or threatening to report, a tenant or persons associated with a tenant to immigration authorities is a form of retaliatory conduct prohibited under this section.

(d) It is also unlawful for a lessor to retaliate against a lessee because the lessee has lawfully organized or participated in a lessees' association or lawfully exercised any rights under the law.

(h) A lessor or agent who violates this section is liable for: (1) Actual damages; (2) Punitive damages of $100–$2,000 per retaliatory act where fraud, oppression, or malice is present. (i) Attorney's fees are awarded to the prevailing party.

Any person entering onto residential real property upon the invitation of an occupant, during reasonable hours or because of emergency circumstances, for the purpose of providing information regarding tenants' rights or to participate in a lessees' or tenants' association, shall not be liable in any criminal or civil action for trespass.

(a) A person who allows animals on premises shall not: (1) Advertise availability of real property in a manner designed to discourage applicants because their animal has not been declawed or devocalized; (2) Refuse to allow occupancy or otherwise deny real property because of a person's refusal to declaw or devocalize any animal; (3) Require any tenant or occupant to declaw or devocalize any animal allowed on the premises.

(c) Civil penalty for advertising violation: up to $1,000 per advertisement. For refusal/requirement violations: up to $1,000 per animal. Enforcement may be brought by city attorney, district attorney, or other prosecutorial entity.

(a) For any residential tenancy commenced, renewed, or continuing on a month-to-month or other periodic basis on or after January 1, 2026, a landlord shall allow the tenant to opt out of paying for any subscription from a third-party internet service provider offered in connection with the tenancy through a bulk-billing arrangement.

(b) A landlord shall not retaliate against a tenant for exercising this opt-out right.

(c) If the landlord violates subdivision (a), the tenant may deduct the cost of the subscription from rent.

A hiring of real property, other than lodgings and dwelling-houses, in places where there is no custom or usage on the subject, is presumed to be a month-to-month tenancy unless otherwise designated in writing; except that real property used for agricultural or grazing purposes is presumed to be for one year from its commencement unless otherwise expressed in the hiring.

A hiring of lodgings or a dwelling house for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hiring at a monthly rate of rent is presumed to be for one month. In the absence of any agreement respecting the length of time or the rent, the hiring is presumed to be monthly.

If a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one month when the rent is payable monthly, nor in any case one year.

Any term of a lease executed after the effective date of this section for the hiring of residential real property that provides for the automatic renewal or extension of the lease if the lessee remains in possession after expiration or fails to give notice of intent not to renew shall be voidable by the party who did not prepare the lease, unless such renewal provision appears in at least eight-point boldface type in the body of the lease agreement and a recital of the fact that such provision is contained in the body of the agreement also appears in at least eight-point boldface type immediately prior to the place where the lessee executes the agreement.

(a) A hiring of real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other of the party's intention to terminate, at least as long before the expiration as the term of the hiring itself, not exceeding 30 days; provided that as to tenancies from month to month, either party may terminate by giving at least 30 days' written notice at any time. Rent is due and payable to and including the date of termination.

Notice shall be given in the manner prescribed in CCP § 1162 or by certified/registered mail. In addition, a lessee may give notice by sending a copy by certified/registered mail to the agent of the lessor to whom the lessee paid rent for the prior month, or by personal delivery to that agent.

The notice given by the lessor shall also contain, in substantially the same form, the following: "State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions..."

(b) A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice described in this section.

(b) An owner giving notice to terminate a residential tenancy shall give at least 60 days prior notice.

(c) Notwithstanding (b), only 30 days prior notice is required if the tenant or resident has resided in the dwelling or occupied the property for less than one year.

(d) Notwithstanding (b), only 30 days prior notice is required if: (1) the dwelling is alienable separately from other units; (2) the owner has contracted to sell to a bona fide purchaser and has established an escrow; (3) the purchaser is a natural person; (4) notice is given no more than 120 days after escrow is established; (5) notice was not previously given; (6) the purchaser in good faith intends to reside in the property for at least one full year.

(h) Notice given by an owner under this section must include the abandoned property reclaim language (same as § 1946(a)).

(i) A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice described in this section.

(a) After a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate.

(b) "Just cause" means either at-fault just cause or no-fault just cause:
(1) AT-FAULT JUST CAUSE: (A) Default in payment of rent; (B) Breach of a material lease term after written notice to cure; (C) Maintaining or permitting a nuisance; (D) Committing waste; (E) Refusal to execute a written renewal of lease of similar duration and terms; (F) Criminal activity on the property or criminal threats directed at the owner or agent; (G) Assigning or subletting in violation of the lease; (H) Refusal to allow the owner to enter as authorized by law; (I) Using the premises for an unlawful purpose; (J) Employee/agent/licensee failure to vacate after termination; (K) Tenant fails to deliver possession after providing written notice of intention to terminate.
(2) NO-FAULT JUST CAUSE: (A) Owner or qualifying relative intends to occupy as primary residence for minimum 12 continuous months; (B) Withdrawal of the property from the rental market; (C) Compliance with a government agency or court order to vacate; (D) Intent to demolish or substantially remodel the property.

(d)(1) For a no-fault just cause termination, the owner shall provide a direct relocation payment equal to one month's rent within 15 calendar days of service of notice, or waive in writing the payment of rent for the final month.

(e) EXEMPTIONS — Does not apply to: transient/tourist hotel occupancy; nonprofit hospital/religious/care facilities; school dormitories; owner-shared bathroom or kitchen; single-family owner-occupied; two-unit single-structure owner-occupied; housing with certificate of occupancy within previous 15 years; single-family homes/condos not owned by REIT/corp/LLC (with written exemption notice); deed-restricted affordable housing.

(g) An owner's failure to comply renders the written termination notice void.

(h) Willful violations subject owner to actual damages, attorney's fees, and up to three times actual damages plus punitive damages.

(c) A tenant of residential real property may assert Social Security hardship as an affirmative defense in any unlawful detainer proceeding based on nonpayment of rent. The tenant must provide evidence that: (1) Social Security benefits typically received by the tenant's household have been terminated, delayed, or reduced due to no fault of the tenant; and (2) the Social Security hardship prevented the tenant from paying the unpaid rent.

(d) If proven, the court shall stay the unlawful detainer action until the earlier of: (1) 14 days after the tenant's Social Security benefits are restored; or (2) six months after the stay is issued.

(e)(2) Within 14 days of benefits being restored, the tenant must either pay all past due rent or enter into a mutually agreed payment plan with the owner.

(h) This affirmative defense applies only to unlawful detainer actions based on nonpayment of rent.

(a) The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the owner may be terminated by either party giving written notice to the other of his or her intention to terminate the hiring, at least as long before the expiration of the term of the hiring as specified in Section 1946.

(b) Upon expiration of the notice period provided in the notice of termination given pursuant to subdivision (a), any right of the lodger to remain in the dwelling unit or any part thereof is terminated by operation of law. The lodger's removal from the premises may thereafter be effected pursuant to the provisions of Section 602.3 of the Penal Code or other applicable provisions of law.

(c) As used in this section, "lodger" means a person contracting with the owner of a dwelling unit for a room or room and board within the dwelling unit personally occupied by the owner, where the owner retains a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit.

(d) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.

Violence

(b) Any provision in a rental or lease agreement that prohibits or limits a tenant's, resident's, or other person's right to summon law enforcement or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency shall be void as contrary to public policy.

(c) A landlord shall not impose, or threaten to impose, penalties on a tenant or resident who exercises the right to summon law enforcement or emergency assistance.

(f)(1) In an unlawful detainer action, a tenant may raise as an affirmative defense that the landlord violated this section. (2) A rebuttable presumption of an affirmative defense arises if the landlord files an unlawful detainer complaint within 30 days of a tenant summoning law enforcement.

(a) A landlord or agent shall not make an adverse action (denial or disparate terms) based on: (1) An allegation that the prospective tenant breached a lease stemming from an act of abuse or violence against the tenant (who did not commit the abuse); (2) The prospective tenant having previously requested lock changes under §§ 1941.5 or 1941.6; (3) The prospective tenant, or their immediate family or household member, having been a victim of abuse or violence; (4) The prospective tenant or a guest having previously summoned law enforcement or emergency assistance.

(b) A landlord who violates this section is liable for: (1) Actual damages; (2) Statutory damages of $100–$5,000.

When there is no usage or contract to the contrary, rents are payable at the termination of the holding, when it does not exceed one year. If the holding is by the day, week, month, quarter, or year, rent is payable at the termination of the respective periods, as it successively becomes due.

(a)(b) If an owner of a qualifying residential property (new buildings with ≥16 units, certificate of occupancy on or after January 1, 2025, in Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, or Ventura County) provides parking with the property, the owner shall unbundle parking from the price of rent. All off-street parking shall be subject to a separate rental agreement addendum.

(c)(1) A tenant shall have the right of first refusal to parking spaces built for their property.

(d)(1) A tenant's failure to pay a separately leased parking fee shall not form the basis of any unlawful detainer action.

(a)(1) A landlord shall allow a tenant to pay rent and security deposit by at least one form of payment that is neither cash nor electronic funds transfer.

(2) A landlord may demand cash as the exclusive form of payment only if the tenant has previously attempted to pay with a check drawn on insufficient funds or instructed the drawee to stop payment — and only for a period not exceeding three months following the incident, with written notice required.

(3) A landlord shall allow a tenant to pay rent through a third party, subject to the third party providing a signed acknowledgment that they are not a tenant of the premises.

(b) A landlord shall not charge a tenant any fee for payment by check for rent or security deposit.

(a) A landlord may prohibit the smoking of cigarettes or other tobacco products on the property or in any building, dwelling unit, or other interior or exterior area.

(b) Every lease entered into on or after January 1, 2012, for a residential dwelling unit on property where smoking has been prohibited shall include a provision specifying the areas where smoking is prohibited.

(b)(2) A prohibition against smoking in any portion previously permitted constitutes a change of terms of tenancy, requiring adequate written notice under § 827.

(a) For any lease executed, extended, or renewed on and after July 1, 2015, a lessor of a dwelling shall approve a written request of a lessee to install an electric vehicle charging station at a parking space allotted for the lessee.

(b) This section does not apply if: EV charging stations already exist in a ratio ≥10% of designated parking spaces; parking is not provided in the lease; there are fewer than five parking spaces; or the dwelling is subject to residential rent control (with limited exceptions).

(g) The lessee's request must include agreement to: comply with lessor's installation standards; engage a licensed contractor; provide certificate of insurance naming the lessor as additional insured (coverage up to 10x annual rent); pay all costs for installation, maintenance, and electricity usage.

Maximum 10% [AB 1482]

(a) Upon the expiration of rental restrictions, an owner of an assisted housing development who demonstrates compliance with Government Code §§ 65863.10, 65863.11, and 65863.13 may establish the initial unassisted rental rate. Any subsequent rent increase shall be subject to § 1947.12.

The attornment of a tenant to a stranger is void, unless it is made with the consent of the landlord, or in consequence of a judgment of a Court of competent jurisdiction.

Every tenant who receives notice of any proceeding to recover the real property occupied by him or her, or the possession thereof, shall immediately inform the landlord of the proceeding, and also deliver to the landlord any written notice, and is responsible to the landlord for all damages sustained by reason of any omission to do so.

One who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary; and if a landlord lets a room as a dwelling for more than one family, the person to whom he first lets any part of it is entitled to the possession of the whole room for the term agreed upon, and every tenant in the building, under the same landlord, is relieved from all obligation to pay rent to him while such double letting of any room continues.

(a) A reusable tenant screening report shall include: name; contact information; verification of employment; last known address; and eviction history check, consistent with applicable law.

(c) A landlord may elect to accept reusable tenant screening reports.

(d) If an applicant provides a reusable tenant screening report to a landlord that accepts them, the landlord shall not charge an application screening fee or a fee to access the report.

(e) A 'reusable tenant screening report' means a consumer report prepared within the previous 30 days at the applicant's expense by a consumer reporting agency, made available to the landlord at no cost.

(a) This section applies to security for a rental agreement for residential property used as the dwelling of the tenant.

(b) "Security" means any payment, fee, deposit, or charge imposed at the beginning of the tenancy to be used to reimburse the landlord for: (1) Tenant default in payment of rent; (2) Repair of damages caused by the tenant, exclusive of ordinary wear and tear; (3) Cleaning necessary to return the unit to the same level of cleanliness at inception; (4) To remedy tenant defaults in obligations to restore, replace, or return personal property.

(c)(1) A landlord shall not demand or receive security in excess of one month's rent in addition to any rent for the first month paid on or before initial occupancy. [Applies to security collected on or after July 1, 2024.]

(5)(A) Exception: A landlord who is a natural person or LLC (all members natural persons) who owns no more than two residential rental properties collectively including no more than four dwelling units may demand or receive up to two months' rent. (B) This exception does not apply if the prospective tenant is a service member.

(d) Any security shall be held by the landlord for the tenant. The tenant's claim to the security is prior to the claim of any creditor of the landlord.

(e)(1) The landlord may claim only amounts reasonably necessary for purposes in subdivision (b).

(2)(A) The landlord shall not claim for damages that preexisted the tenancy, for ordinary wear and tear (including cumulative effects across tenancies), or require a tenant to pay for professional carpet cleaning or other professional cleaning services unless reasonably necessary.

(f)(1) The landlord shall notify the tenant in writing of the option to request a pre-move-out inspection (no earlier than two weeks before end of tenancy) and the right to be present. At least 48 hours' prior written notice of the date and time required.

(f)(2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleanings proposed as the basis for deductions, so the tenant may remedy them.

(g)(1) For tenancies beginning on or after July 1, 2025, the landlord shall take photographs of the unit immediately before or at inception of the tenancy.

(g)(2) Beginning April 1, 2025, the landlord shall take photographs within a reasonable time after tenant vacates, before repairs/cleaning, and again after.

(h)(1) No later than 21 calendar days after the tenant has vacated the premises, the landlord shall furnish the tenant a copy of an itemized statement indicating the basis for and amount of any security received and the disposition of the security, and shall return any remaining portion.

(h)(2) The landlord shall include copies of documents showing charges: for landlord/employee work — description, time, and hourly rate; for contractor work — copy of bill/invoice/receipt; for materials — copy of bill/invoice/receipt; and photographs with written cost explanation.

(h)(3) If work cannot reasonably be completed within 21 days, the landlord may provide a good faith estimate, then complete final documentation within 14 calendar days of completing the repair.

(m) Bad faith retention of security may subject the landlord to statutory damages of up to twice the amount of the security, in addition to actual damages. Burden of proof is on the landlord.

(n) A lease or rental agreement shall not contain a provision characterizing any security as 'nonrefundable.'

(a) A landlord or agent may charge an applicant an application screening fee to cover the costs of obtaining information about the applicant, including personal reference checks and consumer credit reports.

(b) The fee shall not exceed the actual out-of-pocket costs or thirty dollars ($30) per applicant, whichever is less. The $30 limit may be adjusted annually by the CPI beginning January 1, 1998.

(c)(1) A landlord shall not charge a screening fee when they know or should have known that no rental unit is available at that time or will be available within a reasonable period of time.

(c)(2) A landlord may charge a screening fee only if offering either: (A) An application process that considers completed applications in order of receipt and approves the first qualifying applicant; or (B) A process that returns the entire screening fee to any applicant not selected within 7 days of selecting a tenant or 30 days of the application, whichever occurs first.

(d) The landlord shall provide the applicant with a receipt for the fee, itemizing out-of-pocket expenses and time spent.

(f) If a screening fee has been paid, the landlord shall provide a copy of the consumer credit report to the applicant within seven days of the landlord receiving the report.

(a) Any payment or deposit whose primary function is to secure performance of a rental agreement for other than residential property is governed by this section.

(c) The landlord may claim the deposit only for: defaults in rent; repair of damages caused by the tenant; or cleaning on termination. Any remaining portion shall be returned within 30 days of landlord receiving possession (or 2 weeks for excess above one month's rent + last month's rent deposit, if applicable).

(f) Bad faith retention may subject the landlord or transferee to damages not to exceed $200, in addition to actual damages.

(b) It shall be unlawful to require payment of any money, including "key money" or lessor's attorney fees for lease preparation, as a condition of initiating, continuing, or renewing a lease or rental agreement, unless the amount is stated in the written lease.

(c) A person who violates this section is subject to a civil penalty of three times actual damages, plus attorney's fees and costs.

(a) A landlord of commercial real property shall not charge a qualified commercial tenant a fee to recover building operating costs unless: costs are allocated proportionately and documented; costs were incurred within 18 months or are reasonably expected within 12 months; the landlord gave prior notice of the tenant's right to inspect supporting documentation; documentation is provided within 30 days of written request; and the costs do not include expenses paid directly by a tenant or reimbursed by insurance.

(d) In an unlawful detainer based on failure to pay CAM charges, the qualified commercial tenant may raise non-compliance as an affirmative defense.

(h) "Qualified commercial tenant" means a microenterprise, restaurant with fewer than 10 employees, or nonprofit organization with fewer than 20 employees that has provided written notice and self-attestation to the landlord.

These sections govern the lessor's remedies upon breach and abandonment:

§ 1951.2 — Upon lessee's breach and abandonment, the lease terminates and the lessor may recover the worth at the time of award of: (1) unpaid rent earned at termination; (2) unpaid rent between termination and award that could not reasonably have been avoided; (3) subject to conditions, the present value of unpaid rent for the balance of the term; and (4) other compensatory damages.

§ 1951.3 — Abandonment deemed established by notice procedure (14 days unpaid rent + 15/18 day abandonment notice).

§ 1951.4 — Where lease provides for it, lessor may continue lease in effect after breach and collect rent as it becomes due if lessee has unrestricted or reasonably limited right to sublet or assign.

§ 1951.5 — Liquidated damages clause governed by § 1671.

§ 1951.7 — Lessor must notify lessee of reletting upon lessee's written request where advance payment made.

§ 1952 — Unlawful detainer action does not affect other remedies.

§ 1952.3 — If possession is delivered to lessor before trial in unlawful detainer, the case becomes ordinary civil action.

(a) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy: (1) Rights or remedies under §§ 1950.5 or 1954; (2) The right to assert a cause of action against the lessor which may arise in the future; (3) The right to a notice or hearing required by law; (4) Procedural rights in litigation involving rights and obligations as a tenant; (5) The right to have the landlord exercise a duty of care to prevent personal injury or property damage where that duty is imposed by law.

(b) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive a statutory right (not void under subdivision (a)) shall be void unless the lease or rental agreement is presented to the lessee before taking actual possession.

(a) A landlord may enter the dwelling unit only in the following cases: (1) In case of emergency; (2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors, or to make an inspection pursuant to § 1950.5(f); (3) When the tenant has abandoned or surrendered the premises; (4) Pursuant to court order; (5) For purposes set forth in Chapter 2.5 (commencing with § 1954.201); (6) To comply with Health and Safety Code Article 2.2 (§ 17973).

(b) Except in cases of emergency or abandonment, entry may not be made during other than normal business hours unless the tenant consents to such entry at the time of entry.

(c) The landlord may not abuse the right of access or use it to harass the tenant.

(d)(1) Except as provided in subdivision (e), the landlord shall give the tenant reasonable written notice of intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. Notice may be personally delivered, left with someone of suitable age and discretion, or left on or near or under the usual entry door. Twenty-four hours shall be presumed to be reasonable notice. Notice may be mailed — mailing at least six days prior to an intended entry is presumed reasonable.

(d)(2) If the purpose is to exhibit the dwelling to prospective purchasers, notice may be given orally if the landlord has notified the tenant in writing within 120 days that the property is for sale.

(d)(3) The tenant and landlord may agree orally to an entry to make agreed repairs or supply agreed services (no written notice required), with a specific date and approximate time within one week.

(e) No notice of entry is required: (1) To respond to an emergency; (2) If the tenant is present and consents at the time of entry; (3) After the tenant has abandoned or surrendered the unit.

In any general assignment for the benefit of creditors, the assignee shall have the right to occupy, for a period of up to 90 days after the date of assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease, notwithstanding any provision in the lease for termination upon assignment or insolvency.

(a) Beginning July 1, 2021, any landlord of an assisted housing development shall offer each tenant obligated on the lease the option of having the tenant's rental payment information reported to at least one nationwide consumer reporting agency (credit bureau).

(b) For leases entered into on or after July 1, 2021, the offer shall be made at the time of the lease and at least annually thereafter.

(f) If a tenant elects rent reporting, the landlord may charge a fee not to exceed the lesser of actual cost or ten dollars ($10) per month. Nonpayment of this fee is not cause for termination and may not be deducted from the security deposit.

(h) A tenant who elects reporting may subsequently file a written request to stop. The tenant may not resume for at least six months.

(j) This section does not apply to assisted housing developments with 15 or fewer units, unless the landlord owns more than one such development and is a REIT, corporation, or LLC with a corporate member.

(a) Any landlord of a dwelling unit of residential real property shall offer any tenant obligated on the lease the option of having the tenant's positive rental payment information reported to at least one nationwide consumer reporting agency. Only positive (complete and timely) payment information may be reported — negative information shall not be reported.

(b) For leases entered into on or after April 1, 2025, the offer shall be made at the time of the lease and at least annually thereafter. For existing leases, the offer shall be made no later than April 1, 2025.

(g)(1) The landlord may charge a fee not to exceed the lesser of actual cost or ten dollars ($10) per month. If the landlord incurs no actual cost, no amount shall be charged.

(i) A tenant who elects reporting may file a written request to stop; the tenant may not resume for at least six months.

(j) This section does not apply to: (1) Landlords with 15 or fewer dwelling units (unless they own multiple buildings and are a REIT, corporation, or LLC with a corporate member); or (2) Assisted housing developments.

(b) A guest residing in a hotel, motel, or licensed short-term lodging shall not be considered a person who hires pursuant to § 1940, nor have their lodging constitute a new tenancy, until the guest has resided in the lodging for 270 days, if the guest is residing in the lodging as a result of a disaster that substantially damaged, destroyed, or otherwise made uninhabitable their prior housing.

(c) If the lodging believes a guest is subject to subdivision (b), it shall provide a required written notice before or at check-in for any stay anticipated to exceed 30 days.

(d) The lodging shall provide a confirmation form for the guest to check whether the guest is displaced by a disaster or not.

(e)(1) If a guest subject to subdivision (b) has resided in a lodging for more than 30 days, the lodging operator shall provide at least 72 hours written notice before requiring the guest to vacate.

(e)(2) The 72-hour notice is not required if the guest: fails to pay charges when due; interferes with other guests; damages or threatens to damage property; or poses a risk of harm to others.