Last updated: October 2026
California rental law changed substantially between 2024 and 2026, and most of the changes favour tenants. Security deposits are now capped at one month’s rent for most residential tenancies. Rent increases at most properties are limited by statute, and evictions at those properties require a stated just cause. Deposit returns must be itemised within 21 days, with photographic support for deductions. Bay Legal, P.C. advises landlords and tenants across California on leases, deposits, habitability, rent increases, and unlawful detainer proceedings.
Definition: Landlord-tenant law governs the rights and obligations of parties to a lease, covering rent, habitability, deposits, notice, and termination of a tenancy.
How much can a landlord charge as a security deposit?
One month’s rent for most residential tenancies. Assembly Bill 12 amended Civil Code section 1950.5 with effect from 1 July 2024, replacing the previous limits of two months for unfurnished property and three months for furnished. The cap applies regardless of furnishing, and pet deposits count within it rather than being charged on top.
| Situation | Maximum deposit |
|---|---|
| Most residential tenancies | One month’s rent |
| Small landlord — a natural person, or an LLC whose members are all natural persons, owning no more than two residential rental properties totalling no more than four units | Two months’ rent |
| Tenant is an active service member | One month’s rent, whatever the landlord’s size |
| Tenancies with deposits collected before 1 July 2024 | Existing deposits are unaffected; the cap applies to new collections |
Two further changes followed. Assembly Bill 2801 introduced photographic documentation requirements for deductions during 2025, so a landlord withholding for damage needs dated evidence of condition at move-in and move-out. And from 1 January 2026, where rent was paid electronically, Assembly Bill 414 requires the landlord to offer electronic return of the deposit.
What are the deposit return rules, and what happens if they are broken?
Under Civil Code section 1950.5, the landlord has 21 calendar days from the tenant surrendering possession to return the deposit, or an itemised statement of deductions with any balance. Weekends and holidays count. Deductions are limited to unpaid rent, cleaning to restore the unit to its condition at the start of the tenancy, and repair of damage beyond ordinary wear and tear.
A lease may not describe any part of a deposit as non-refundable. Where repairs cannot be completed within 21 days, a good-faith estimate must be provided in that window, with the final statement and receipts following.
The consequence of getting it wrong is real. A landlord who fails to provide a proper itemised statement in time can forfeit the right to retain any of the deposit, and a court finding bad-faith retention may award statutory damages of up to twice the deposit in addition to the amount withheld. Deposit claims are commonly brought in small claims court, where no attorney appears and filing costs little — which is why the documentation matters more than the argument.
Can a landlord raise the rent by any amount?
Not at most properties. The Tenant Protection Act of 2019, enacted by Assembly Bill 1482 and codified at Civil Code section 1947.12, caps annual rent increases at covered properties by reference to a percentage plus regional inflation, subject to an overall ceiling, and limits increases to twice in any twelve-month period.
Coverage is not universal. Single-family homes and condominiums are exempt where the owner is not a corporation and proper notice of exemption was given, and newer construction is exempt for a defined period after the certificate of occupancy. Deed-restricted affordable housing and certain owner-occupied arrangements are also outside it.
Local ordinances sit on top of the state scheme and are frequently stricter. San Francisco, Oakland, Berkeley, Los Angeles, and Santa Monica each operate their own rent stabilisation regimes with their own caps, registration requirements, and just-cause rules. Where a local ordinance and the state Act both apply, the more protective provision generally governs — which means the first question in any rent increase dispute is which city the property sits in.
When can a tenancy be ended?
At covered properties, the Tenant Protection Act requires a stated just cause once the tenant has occupied for the qualifying period. Just cause divides into at-fault grounds, such as non-payment of rent or a material breach of the lease, and no-fault grounds, such as an owner move-in, withdrawal of the unit from the rental market, or a substantial remodel. No-fault terminations generally require relocation assistance, typically one month’s rent or a waiver of the final month, under Civil Code section 1946.2.
Where the Act does not apply, notice periods run under Civil Code section 1946.1: generally 30 days for a tenancy of less than a year and 60 days where the tenant has occupied for a year or more.
Terminating a tenancy is not the same as removing a tenant. If the tenant does not leave, the landlord must bring an unlawful detainer action; self-help — changing locks, removing belongings, or cutting utilities — is unlawful and exposes the landlord to damages.
How does an unlawful detainer work?
- Serve the correct notice. A three-day notice to pay rent or quit, a three-day notice to cure or quit for a curable breach, or the applicable 30 or 60-day notice. The wrong notice, or defective service, generally defeats the case.
- Wait for the notice period to expire without the tenant paying or curing.
- File the complaint in the Superior Court of the county where the property sits, under Code of Civil Procedure section 1161 and following.
- Serve the summons and complaint. The tenant has a short statutory window to respond — considerably shorter than in ordinary civil litigation.
- Trial. Unlawful detainer cases are given calendar preference and move quickly. Common defences include defective notice, breach of the implied warranty of habitability, retaliation, and discrimination.
- Judgment and writ. Only the sheriff may remove a tenant, and only under a writ of possession issued by the court.
The California Courts self-help centre publishes the forms and current procedure. Cases are heard in the Superior Court of the county where the property is located — Santa Clara, San Mateo, Alameda, San Francisco, or Contra Costa in the north, Los Angeles, Orange, or Ventura in the south.
What does habitability require?
A residential landlord must maintain the property in a condition fit for human occupation. Civil Code section 1941.1 lists what that includes — effective waterproofing, plumbing and gas facilities in good working order, hot and cold running water, heating, safe electrical systems, clean and sanitary grounds, adequate refuse receptacles, and sound floors, stairs, and railings.
Where a landlord fails to repair a substantial defect after notice, Civil Code section 1942 allows the tenant, within limits, to repair the condition and deduct the cost from rent, or to vacate. Both remedies carry conditions and monetary limits, and using them incorrectly can put the tenant in breach — which is why advice before acting is worth more than advice afterwards.
Habitability also operates defensively. A tenant sued for unpaid rent may raise a breach of the implied warranty, and where the defect is substantial the court can reduce the rent owed.
Explore Bay Legal’s landlord-tenant services
- Eviction defense and process — unlawful detainer for both sides
- Tenant rights and responsibilities — deposits, habitability, and retaliation
- Landlord rights and responsibilities — compliance, notice, and entry
- Residential lease agreements — drafting and required disclosures
- Residential leasing disputes — rent, repairs, and deposit claims
- Commercial leasing disputes — where tenant protections do not apply
- Leasing commercial property — negotiating commercial terms
Who handles landlord-tenant matters at Bay Legal?
Clarence Olson practises in real estate and landlord-tenant law. Lead litigation attorney Evan Livingstone heads the litigation group, which handles unlawful detainer proceedings and contested tenancy disputes. Managing attorney Jayson R. Elliott advises on lease drafting and property-holding structures.
Scope. Bay Legal, P.C. advises both landlords and tenants, though not both sides of the same matter. Local rent stabilisation ordinances differ substantially between cities, and the applicable ordinance is identified at the outset of any rent or termination question.
Bay Legal, P.C. serves clients statewide from offices in Palo Alto and Los Angeles, including across San Francisco, Oakland, Berkeley, and the wider Bay Area.
Frequently Asked Questions
How much can a landlord charge for a security deposit in California?
One month’s rent for most residential tenancies since 1 July 2024, when AB 12 amended Civil Code section 1950.5. The furnished and unfurnished distinction is gone, and pet deposits count within the cap. A small landlord — a natural person or an LLC of natural persons owning no more than two properties totalling four units — may charge two months, but never to a service member.
How long does a landlord have to return a security deposit?
21 calendar days from the tenant surrendering possession, either returning the deposit or providing an itemised statement of deductions with any balance. Weekends and holidays count. A landlord who misses the deadline can forfeit the right to retain any of it, and bad-faith retention can carry statutory damages of up to twice the deposit.
Can my landlord raise the rent by any amount?
Not at most properties. The Tenant Protection Act caps annual increases at covered properties by reference to a percentage plus regional inflation, subject to a ceiling, and limits increases to twice in twelve months. Single-family homes with non-corporate owners and newer construction may be exempt. Local ordinances in San Francisco, Oakland, Los Angeles and elsewhere are frequently stricter.
What is just cause eviction?
At properties covered by the Tenant Protection Act, a landlord must state a recognised reason to end a tenancy once the tenant has occupied for the qualifying period. At-fault grounds include non-payment and material lease breaches. No-fault grounds include owner move-in, withdrawal from the market, and substantial remodel, and generally require relocation assistance.
Can a landlord change the locks or remove my belongings?
No. Self-help eviction is unlawful in California. A landlord who wants possession must serve the correct notice and, if the tenant does not leave, bring an unlawful detainer action. Only the sheriff may remove a tenant, and only under a court-issued writ of possession. Locking a tenant out exposes the landlord to damages.
What can I do if my landlord will not make repairs?
A landlord must keep the property habitable under Civil Code section 1941.1. Where a substantial defect is not repaired after notice, section 1942 allows a tenant within limits to repair and deduct the cost from rent, or to vacate. Both carry conditions and monetary limits, and using them incorrectly can put you in breach — take advice before acting.
How fast does an eviction case move?
Much faster than ordinary civil litigation. Unlawful detainer cases are given calendar preference and the tenant’s window to respond is short. That speed cuts both ways: a tenant who delays can lose by default, and a landlord who serves a defective notice usually has to start over.
Do these protections apply to commercial tenants?
Largely no. Deposit caps, rent caps, just cause, and habitability protections apply to residential tenancies. Commercial leases are governed by the agreement itself, with far fewer statutory protections, which is why the terms of a commercial lease matter so much more at the negotiation stage.
Related Questions
Can a landlord enter my unit whenever they want?
No. Entry is limited to defined purposes and generally requires reasonable advance written notice, with 24 hours presumed reasonable. Emergencies are an exception.
Is my landlord allowed to retaliate for a complaint?
No. Retaliation against a tenant for exercising a legal right, including complaining about conditions, is prohibited, and it is a recognised defence in an unlawful detainer action.
What happens to my lease if the property is sold?
A fixed-term lease generally survives a sale and binds the new owner. A month-to-month tenancy continues subject to the applicable notice and just-cause rules.
Do I have to accept a rent increase mid-lease?
Not during a fixed term unless the lease permits it. In a month-to-month tenancy the landlord may increase rent with proper notice, subject to any applicable cap.
Can I be evicted for having a pet?
Only if the lease prohibits pets and the breach is material and uncured after notice. Assistance animals are treated differently under fair housing law and are not pets for this purpose.
Talk to a California landlord-tenant attorney
Deposit rules, rent caps, and eviction procedure all changed recently, and the deadlines are short on both sides. To discuss a tenancy matter with a Bay Legal attorney, call the office nearest you or email intake.
Bay Legal, P.C. — serving California statewide
Northern California office
667 Lytton Ave Ste 3, Palo Alto, CA 94301
(650) 668-8000
Southern California office
3211 Cahuenga Blvd W Ste 212, Los Angeles, CA 90068
(213) 668-8000
Intake: intake@baylegal.com
Fax: (650) 963-0041
Website: https://baylegal.com
This page is general information about California law and does not constitute legal advice or create an attorney-client relationship. Rent caps and local ordinances change and vary by city. For advice on your specific situation, contact a licensed California attorney.