California Landlord Rights and Responsibilities

Last updated: October 2026

California gives landlords fewer unilateral options than most states, and the penalties for using the wrong one are personal. You may not take more than one month’s rent as a deposit in most tenancies. You must account for it within 21 days. You must keep the property habitable, give notice before entering, and follow the unlawful detainer process to recover possession — changing the locks is unlawful. Bay Legal, P.C. advises California landlords on compliance, lease drafting, notice, and eviction.

What are your obligations, in order of exposure?

How much deposit can you take, and when must it come back?

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 former two-month unfurnished and three-month furnished limits. The cap applies regardless of furnishing, and a pet deposit sits inside it rather than on top. No part of a deposit may be described as non-refundable.

A 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 — may take two months. That exception does not apply where the tenant is an active service member, who is capped at one month regardless.

Return is due within 21 calendar days of the tenant surrendering possession: 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 move-in condition, and damage beyond ordinary wear and tear.

Since 2025, photographic documentation obligations apply to deductions, and from 1 January 2026 a landlord who collected rent electronically must offer electronic return of the deposit. The practical consequence of all three changes is the same: the move-in and move-out photographic record is now the case. The Department of Consumer Affairs publishes the wear-and-tear guidance these disputes turn on.

What must you maintain, and what happens if you do not?

The property must be fit for human occupation. Civil Code section 1941.1 specifies effective waterproofing, plumbing and gas in good working order, hot and cold running water, heating, safe electrical systems, clean and sanitary grounds free of vermin, adequate refuse receptacles, and sound floors, stairs, and railings.

Failing to repair a substantial defect after notice has three consequences, and the third is the one landlords underestimate. The tenant may repair and deduct under Civil Code section 1942. The tenant may vacate. And the tenant may raise the breach as a defence in your unlawful detainer action, where a substantial defect can reduce the rent owed and defeat the case.

Repair requests should be logged, dated, and answered in writing. The record of response is what distinguishes a landlord who addressed a problem from one who ignored it, and that distinction decides habitability defences.

When and how can you enter, raise rent, or end a tenancy?

Entry is limited to defined purposes — repairs, showings, inspections, emergencies — and generally requires reasonable advance written notice, with 24 hours presumed reasonable under Civil Code section 1954. Repeated entry without notice can amount to harassment.

Rent increases at properties covered by the Tenant Protection Act are capped annually under Civil Code section 1947.12 and limited to twice in any twelve-month period. Single-family homes with non-corporate owners may be exempt where proper notice of exemption was given, and newer construction is exempt for a defined period. Local ordinances in San Francisco, Oakland, Berkeley, Los Angeles, and Santa Monica are frequently stricter, and where both apply the more protective provision generally governs.

Ending a tenancy at a covered property requires a stated just cause under Civil Code section 1946.2, divided into at-fault grounds such as non-payment or material breach, and no-fault grounds such as owner move-in, market withdrawal, or substantial remodel. No-fault terminations generally require relocation assistance. Where the Act does not apply, Civil Code section 1946.1 sets 30 days for tenancies under a year and 60 days for a year or more.

Why is self-help eviction the worst option available?

Because it converts a procedural problem into personal liability. Changing the locks, removing a tenant’s belongings, shutting off utilities, or removing doors or windows to force a departure are all unlawful in California, regardless of how far behind the tenant is or how clearly the lease has been breached.

The lawful route is an unlawful detainer action under Code of Civil Procedure section 1161 and following: serve the correct notice, wait for it to expire without payment or cure, file in the Superior Court of the county where the property sits, serve the summons, and obtain judgment and a writ of possession. Only the sheriff may remove a tenant. The California Courts self-help centre publishes the forms and current procedure.

Unlawful detainer is fast by design and the tenant’s window to respond is short. What defeats landlords is not the timetable but the notice: the wrong notice type, the wrong period, or defective service generally means starting over, with the tenant in possession throughout. Getting the notice right is the cheapest part of the whole process.

Retaliation is separately prohibited under Civil Code section 1942.5, so terminating a tenancy after a habitability complaint invites a defence even where the ground is otherwise sound. Discrimination on protected characteristics, including source of income, is enforced by the Civil Rights Department.

Do these rules apply to commercial landlords?

Largely not. Deposit caps, rent caps, just cause, habitability, and relocation assistance are residential protections. A commercial tenancy is governed by the lease, which is why commercial landlords have far more freedom at the drafting stage and far less protection from a badly drafted document.

The unlawful detainer procedure still applies to commercial tenancies, and self-help remains unlawful. A commercial landlord who locks out a defaulting tenant faces the same exposure as a residential one.

Who advises landlords 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. Managing attorney Jayson R. Elliott advises on lease drafting and property-holding structures.

Bay Legal, P.C. advises both landlords and tenants, though not both sides of the same matter. The firm serves clients statewide from offices in Palo Alto and Los Angeles, and identifies the applicable local ordinance at the outset of any rent or termination question.

Frequently Asked Questions

How much can I charge for a security deposit?

One month’s rent in most residential tenancies since 1 July 2024, when AB 12 amended Civil Code section 1950.5. The furnished distinction is gone and pet deposits count inside the cap. A small landlord owning no more than two properties totalling four units may take two months — but never from an active service member.

What happens if I miss the 21-day deposit deadline?

You 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 on top of the amount withheld. Deposit claims are commonly brought in small claims court, where filing is cheap for the tenant and no attorney appears.

Can I change the locks if a tenant stops paying rent?

No. Self-help eviction is unlawful in California regardless of how far behind the tenant is. Lockouts, removing belongings, and cutting utilities all expose you to damages and statutory penalties. The lawful route is an unlawful detainer action, and only the sheriff may remove a tenant.

How much notice do I need to end a tenancy?

At properties covered by the Tenant Protection Act, you need a stated just cause, and no-fault grounds generally require relocation assistance. Where the Act does not apply, Civil Code section 1946.1 requires 30 days for tenancies under a year and 60 days for a year or more.

Do I have to give notice before entering the unit?

Yes, except in an emergency. Entry is limited to defined purposes and requires reasonable advance written notice, with 24 hours presumed reasonable under Civil Code section 1954. Repeated entry without notice can support a harassment claim and undermine your position in any later dispute.

What if the tenant claims the unit is uninhabitable?

Address it in writing and keep the record. An unrepaired substantial defect under Civil Code section 1941.1 lets the tenant repair and deduct, vacate, or raise the breach as a defence in your eviction case — where it can reduce the rent owed and defeat the action outright.

Can I raise the rent to market rate?

Not at covered properties. The Tenant Protection Act caps annual increases and limits them to twice in twelve months, and local ordinances are often stricter. Single-family homes with non-corporate owners may be exempt where proper notice was given. Check which city the property is in before serving any increase.

Related Questions

Can I require renters insurance?

Generally yes, as a lease term, provided the requirement is reasonable and applied consistently. Applying it selectively invites a fair housing complaint.

What disclosures must a California lease contain?

Several, varying with the property’s age and location — lead paint for pre-1978 construction, mould, bed bugs, and flood or fire zone information among them. Missing disclosures can carry penalties independent of any dispute.

Can I refuse a tenant with a housing voucher?

No. Source of income is a protected characteristic in California, so refusing an applicant because they hold a voucher is generally unlawful.

What if my tenant abandons the property?

There is a statutory abandonment procedure with its own notice requirements and rules for handling belongings left behind. Treating a unit as abandoned without following it is a form of self-help.

Talk to a California landlord attorney

Most landlord exposure comes from a notice served incorrectly or a deposit returned late, and both are avoidable at low cost. To discuss compliance, a lease, or recovering possession, 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.