CA
California Landlord-Tenant Laws
Security Deposit Return Timeline
Cal. Civ. Code § 1950.5(g)
⏰ Timeline
21 days after tenant vacates premises
✅ Key Requirements
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- Landlord must return entire security deposit OR provide itemized statement within 21 days
- Timeline begins when tenant vacates, not when lease ends
- Itemized statement must include basis and amount of all deductions
- If deductions exceed $125, landlord must provide receipts or invoices
- For tenancies beginning after 7/1/2025, landlord must take before/after photos
- +2 more requirements
Permitted Security Deposit Deductions
Cal. Civ. Code § 1950.5(b)
⏰ Timeline
N/A
✅ Key Requirements
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- Landlord may deduct for unpaid rent
- Landlord may deduct for damage beyond ordinary wear and tear caused by tenant or guests
- Landlord may deduct for cleaning to return unit to same cleanliness level at move-in
- Landlord may deduct for restoring/replacing property per rental agreement
- CANNOT deduct for ordinary wear and tear
- +3 more requirements
Security Deposit Wrongful Retention Penalties
Cal. Civ. Code § 1950.5(l)
⏰ Timeline
21-day deadline critical for avoiding bad faith claim
✅ Key Requirements
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- Bad faith retention triggers statutory damages up to 2x security deposit
- Landlord bears burden of proof on reasonableness of claims
- Court may award bad faith damages even if not specifically requested
- Bad faith can include: failure to return within 21 days, failure to provide itemization, excessive deductions, false claims
- Tenant may also recover actual damages and reasonable attorney's fees
- +1 more requirements
Security Deposit Amount Limits
Cal. Civ. Code § 1950.5(c)
⏰ Timeline
N/A
✅ Key Requirements
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- General limit: 1 month's rent for unfurnished units (as of July 1, 2024)
- Furnished units: 2 months' rent maximum (general tenants)
- Service members get reduced limits: 1 month unfurnished, 2 months furnished
- Exception: service members with poor credit or history of property damage pay standard rates
- Landlord must specify if charging higher deposit for service member and return excess within 6 months if no arrears
- +2 more requirements
Tenant's Right to Pre-Move-Out Inspection
Cal. Civ. Code § 1950.5(f)
⏰ Timeline
Tenant must request inspection; occurs during final 2 weeks of tenancy
✅ Key Requirements
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- Landlord must notify tenant of right to request pre-move-out inspection
- Inspection must occur during final 2 weeks of tenancy if requested
- Tenant has right to be present at inspection
- Landlord must provide itemized statement of deficiencies after inspection
- Tenant may remedy deficiencies to avoid deposit deductions
- +2 more requirements
3-Day Notice to Pay Rent or Quit
Cal. Code Civ. Proc. § 1161(2)
⏰ Timeline
3 days (excluding weekends and judicial holidays) to pay rent or vacate
✅ Key Requirements
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- Notice must state exact amount of rent due
- Notice must include name, phone, and address where rent can be paid
- Notice must specify days/hours payment can be made in person OR bank account number
- Notice must include mailing address if personal delivery not available
- Can ONLY demand rent, not late fees or other charges
- +3 more requirements
3-Day Notice to Cure or Quit (Curable Lease Violations)
Cal. Code Civ. Proc. § 1161(3)
⏰ Timeline
3 days (excluding weekends and judicial holidays) to cure violation or vacate
✅ Key Requirements
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- Used for curable lease violations (e.g., unauthorized pet, noise complaints)
- Notice must specifically describe the lease violation
- Notice must state what tenant must do to cure the violation
- Tenant has 3 days (excluding Saturdays, Sundays, judicial holidays) to cure or vacate
- If tenant cures within 3 days, landlord cannot proceed with eviction
- +2 more requirements
3-Day Unconditional Notice to Quit (Incurable Violations)
Cal. Code Civ. Proc. § 1161(4)
⏰ Timeline
3 days to vacate (no opportunity to cure)
✅ Key Requirements
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- Used for serious, incurable violations: waste, nuisance, unlawful use, illegal subletting
- Tenant has NO opportunity to cure - must vacate within 3 days
- Notice must specify the incurable violation
- Common grounds: drug dealing, prostitution, severe property damage, criminal activity
- Also used for unauthorized assignment/subletting
- +2 more requirements
California Unlawful Detainer Process Overview
Cal. Code Civ. Proc. §§ 1161-1179
⏰ Timeline
Total process typically 30-60 days from notice to lockout
✅ Key Requirements
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- Step 1: Serve appropriate notice (3-day, 30-day, 60-day, or 90-day depending on situation)
- Step 2: Wait for notice period to expire
- Step 3: File unlawful detainer complaint in superior court
- Step 4: Serve summons and complaint on tenant
- Step 5: Tenant has 5 days to file answer (excluding weekends/holidays after service)
- +4 more requirements
Implied Warranty of Habitability - Landlord's Duty
Cal. Civ. Code §§ 1941, 1941.1
⏰ Timeline
Landlord must maintain throughout tenancy; reasonable time to repair after notice
✅ Key Requirements
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- Landlord must provide: effective waterproofing/weather protection, working plumbing and gas, hot and cold running water, working heating, safe electrical systems, sanitary conditions free of pests, adequate trash receptacles, floors/stairs in good repair
- Implied warranty cannot be waived - applies even if tenant knew of defects at move-in
- Landlord has duty to maintain premises in habitable condition throughout tenancy
- Must repair defects within 'reasonable time' after receiving notice from tenant
- Established by Green v. Superior Court (1974) case law
- +2 more requirements
Tenant's Repair and Deduct Remedy
Cal. Civ. Code § 1942
⏰ Timeline
After reasonable time for landlord to repair; tenant may only use twice in 12-month period
✅ Key Requirements
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- Applies only to habitability defects under Civil Code § 1941.1
- Tenant must first notify landlord in writing of the defect
- Landlord must be given reasonable time to repair
- Tenant may then hire licensed contractor to make repairs
- Tenant may deduct cost from rent up to one month's rent
- +4 more requirements
Tenant's Right to Withhold Rent for Uninhabitable Conditions
Cal. Civ. Code § 1942.4
⏰ Timeline
After 35 days from code enforcement notice without abatement
✅ Key Requirements
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- Applies when code enforcement has cited property for habitability violations
- Landlord must have received written notice from housing inspector
- 35 days must pass after notice without landlord correcting violations
- Tenant cannot have caused the condition
- Landlord CANNOT demand rent, collect rent, increase rent, or issue 3-day notice during this period
- +3 more requirements
Prohibition Against Unlawful Lockout and Self-Help Eviction
Cal. Civ. Code § 789.3(b)
⏰ Timeline
N/A - always prohibited
✅ Key Requirements
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- Landlord CANNOT change locks to prevent tenant access
- Landlord CANNOT remove doors or windows
- Landlord CANNOT remove tenant's personal property without consent or court order
- Landlord CANNOT use any method to prevent tenant from using dwelling
- Even if tenant owes rent, landlord MUST use formal court eviction process
- +2 more requirements
Prohibition Against Utility Shutoff
Cal. Civ. Code § 789.3(a)
⏰ Timeline
N/A - always prohibited
✅ Key Requirements
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- Landlord CANNOT shut off utilities to force tenant to leave
- Applies to: water, heat, electricity, gas, telephone, elevator, refrigeration, any utility
- Applies whether landlord controls utilities directly or indirectly
- Even if tenant owes rent, landlord cannot shut off utilities
- Brief interruptions for necessary repairs may be permitted if reasonable
- +2 more requirements
Prohibition Against Landlord Retaliation
Cal. Civ. Code § 1942.5
⏰ Timeline
180-day presumption period after protected activity
✅ Key Requirements
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- Landlord cannot retaliate against tenant for: requesting repairs, complaining to authorities, organizing/joining tenant association, exercising legal rights
- Retaliation includes: eviction, rent increase, decreasing services, threatening eviction
- If landlord takes adverse action within 180 days of protected activity, retaliation is PRESUMED
- Landlord must prove non-retaliatory reason for action
- Tenant must not be in default on rent to invoke protection
- +2 more requirements
Statewide Just Cause Eviction Protections (AB 1482)
Cal. Civ. Code § 1946.2
⏰ Timeline
Applies after 12 months occupancy (or 24 months if tenants added)
✅ Key Requirements
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- Applies to most rental properties built more than 15 years ago
- After 12 months tenancy (or 24 if multiple tenants), landlord needs 'just cause' to terminate
- At-fault just cause: nonpayment of rent, breach of lease, nuisance, criminal activity, refusal to renew with same terms
- No-fault just cause: owner move-in, withdraw from rental market, substantial renovation, compliance with government order, conversion to condo
- For no-fault eviction, landlord must pay relocation assistance equal to 1 month's rent
- +3 more requirements
Statewide Rent Cap (AB 1482)
Cal. Civ. Code § 1947.12
⏰ Timeline
12-month period; no more than 2 increases per 12 months
✅ Key Requirements
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- Annual rent increase limited to: 5% + local CPI, or 10%, whichever is LOWER
- Applies to properties built more than 15 years ago
- Cannot increase more than twice in 12-month period
- Combined increases in 12 months cannot exceed 5% + CPI cap
- CPI is regional Consumer Price Index (typically 1-4%)
- +4 more requirements
Notice Requirements for Rent Increases
Cal. Civ. Code § 827
⏰ Timeline
30 days notice for increases ≤10%; 90 days notice for increases >10%
✅ Key Requirements
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- Rent increase up to 10% requires 30 days' advance written notice
- Rent increase over 10% requires 90 days' advance written notice
- Notice period based on LOWEST rent in past 12 months, not just current rent
- Notice must be in writing
- For month-to-month tenancies (most common)
- +2 more requirements
30-Day and 60-Day Termination Notices
Cal. Civ. Code § 1946.1
⏰ Timeline
30 days if tenant lived there <1 year; 60 days if ≥1 year
✅ Key Requirements
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- For tenancies less than 1 year: landlord must give 30 days' notice to terminate
- For tenancies 1 year or longer: landlord must give 60 days' notice to terminate
- Tenant always only needs to give 30 days' notice
- Applies to month-to-month tenancies
- IMPORTANT: AB 1482 just cause requirements may override this - landlord may need 'just cause' and possibly relocation assistance
- +2 more requirements
Constructive Eviction
Cal. Civ. Code §§ 1941, 1942
⏰ Timeline
Tenant may vacate after providing notice and reasonable time for landlord to repair
✅ Key Requirements
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- Occurs when landlord's breach makes premises uninhabitable
- Tenant must notify landlord of defect and give reasonable time to repair
- If landlord fails to repair, tenant may vacate without further rent obligation
- Tenant may recover: moving costs, rent differential, actual damages
- Common scenarios: prolonged utility shutoffs, severe habitability violations, illegal lockouts
- +2 more requirements
Required Security Devices and Locks
Cal. Civ. Code § 1941.3
⏰ Timeline
Must be installed and maintained throughout tenancy
✅ Key Requirements
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- Required security devices: operable deadbolt locks on main swinging entry doors (at least 1-inch throw), security or locking devices on windows accessible from outside
- Landlord responsible for installation
- If lock becomes inoperable, tenant must notify landlord
- Landlord must repair within reasonable time after notice
- Failure to maintain locks is breach of habitability
- +2 more requirements
Smoke Alarms and Carbon Monoxide Detectors
Cal. Health & Safety Code §§ 13113.7, 17926, 17926.1
⏰ Timeline
Must be installed before occupancy and maintained throughout tenancy
✅ Key Requirements
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- Smoke alarms required: in each bedroom, outside each sleeping area, on every level
- Carbon monoxide detectors required: if unit has fossil fuel appliance, fireplace, or attached garage
- Landlord responsible for: installation, repair, replacement when needed
- Tenant responsible for: testing devices, replacing batteries (if removable), notifying landlord of defects
- Smoke alarms must meet State Fire Marshal approval
- +2 more requirements
Service Member's Right to Terminate Lease
50 U.S.C. §§ 3951-3959 (SCRA); Cal. Mil. & Vet. Code § 409.5
⏰ Timeline
30 days after first rent payment following notice delivery
✅ Key Requirements
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- Service member may terminate lease if: receives PCS orders, deploys for 90+ days, separates/retires from service
- Must provide written notice to landlord
- Must provide copy of military orders
- Termination effective 30 days after first rent date following notice
- Landlord cannot charge early termination fee
- +3 more requirements
Domestic Violence Victim's Right to Terminate Lease
Cal. Civ. Code § 1946.7
⏰ Timeline
Can terminate with notice; effective on date specified by tenant (not less than 30 days)
✅ Key Requirements
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- Applies to victims of: domestic violence, sexual assault, stalking, human trafficking, elder/dependent adult abuse
- Tenant must provide written notice to landlord
- Must provide documentation: restraining order OR police report (issued within past 180 days)
- Termination effective on date specified by tenant (not less than 30 days from notice)
- Tenant only liable for rent through termination date
- +3 more requirements