California Tenant Rights and Responsibilities

Last updated: October 2026

Most of a California tenant’s rights come from statute, not from the lease, and a lease cannot waive them. Your landlord may take no more than one month’s rent as a deposit in most tenancies, must return it or account for it within 21 days, must keep the property habitable, must give notice before entering, and may not retaliate against you for complaining. Bay Legal, P.C. advises California tenants on deposits, repairs, rent increases, and defending an eviction.

How much can your landlord hold as a deposit?

One month’s rent in most tenancies. Assembly Bill 12 amended Civil Code section 1950.5 from 1 July 2024, replacing the old two-month and three-month limits, and the cap now applies whether or not the unit is furnished. A pet deposit counts inside the cap rather than being charged on top, and no part of a deposit may be described as non-refundable.

Two exceptions. 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. A tenant who is an active service member is capped at one month regardless of the landlord’s size.

If your deposit was collected before July 2024 at the old limit, it is not unlawful. The cap applies to deposits collected after that date.

When must the deposit come back?

Within 21 calendar days of you surrendering possession. Under Civil Code section 1950.5, the landlord must return the deposit or provide an itemised statement of deductions with any balance. Weekends and holidays count, and the clock starts when you hand back possession rather than on the lease end date.

Deductions are limited to three things: unpaid rent, cleaning to return the unit to the level of cleanliness it had at move-in, and repair of damage beyond ordinary wear and tear. A landlord may not deduct for normal deterioration from ordinary use, and may not charge a standard cleaning fee where you left the unit as you found it.

If the landlord misses the deadline or fails to itemise properly, they can forfeit the right to keep any of it. Where a court finds bad-faith retention, it may award statutory damages of up to twice the deposit on top of the amount wrongly withheld. Deposit claims are commonly brought in small claims court, where filing is inexpensive and no attorney appears. The Department of Consumer Affairs publishes guidance on the wear-and-tear distinction, which is where most of these disputes actually turn.

Document the unit at move-in and move-out. Since 2025, landlords have had photographic documentation obligations for deductions, and your own dated photographs are the most effective answer to a disputed charge.

What repairs must your landlord make?

Enough to keep the property fit to live in. Civil Code section 1941.1 lists the requirements: effective waterproofing of roof and walls, plumbing and gas facilities in good working order, hot and cold running water, heating, safe electrical systems, clean and sanitary grounds free of vermin, adequate refuse receptacles, and floors, stairs, and railings kept in good repair.

Where a substantial defect goes unrepaired after you give notice, Civil Code section 1942 allows you within limits to have the repair done and deduct the cost from rent, or to vacate and be released from the lease. Both remedies carry conditions and monetary limits, and using them when the conditions are not met puts you in breach — which is why this is worth advice before acting rather than after.

Habitability also works as a defence. A tenant sued for unpaid rent may raise the landlord’s breach of the implied warranty, and where the defect is substantial a court can reduce the rent owed.

Can your landlord enter, or raise the rent, or retaliate?

Retaliation is set out at Civil Code section 1942.5, the rent cap at section 1947.12, and just cause at section 1946.2. Discrimination complaints are handled by the Civil Rights Department.

What are your responsibilities as a tenant?

• Pay rent when due. Non-payment is the most common ground for eviction, and a three-day notice to pay or quit starts a fast process.
• Keep the unit reasonably clean and undamaged, beyond ordinary wear and tear.
• Report problems in writing. A landlord’s repair obligation generally runs from notice, and written notice creates the record.
• Allow lawful entry where proper notice has been given.
• Comply with the lease on occupants, pets, subletting, and alterations. A material breach that is not cured after notice is a ground for eviction.
• Give proper notice before leaving, generally 30 days in a month-to-month tenancy. Leaving early in a fixed term can leave you liable for rent until the unit is re-let.

Do commercial tenants have the same rights?

No, and the difference is larger than most business tenants expect. Deposit caps, rent caps, just cause, habitability, and relocation assistance are residential protections. A commercial tenancy is governed almost entirely by the lease itself.

That makes the negotiation stage decisive for a commercial tenant in a way it is not for a residential one. Repair obligations, operating expense pass-throughs, assignment rights, and personal guarantees are all matters of contract, and a term accepted without negotiation is generally the term you are held to.

Who advises tenants at Bay Legal?

Clarence Olson practises in real estate and landlord-tenant law. Lead litigation attorney Evan Livingstone heads the litigation group, which handles contested eviction proceedings. 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, including across San Francisco, Oakland, Berkeley, and the wider Bay Area. Local rent stabilisation ordinances differ substantially between cities and are identified at the outset of any rent or termination question.

Frequently Asked Questions

How much can my landlord charge for a security deposit?

One month’s rent in most 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.

How long does my landlord have to return my deposit?

21 calendar days from when you hand back possession, either returning it or providing an itemised statement of deductions with any balance. Weekends and holidays count. Missing the deadline can forfeit their right to keep any of it, and bad-faith retention can carry damages of up to twice the deposit.

What can be deducted from my deposit?

Only unpaid rent, cleaning to restore the unit to its move-in level of cleanliness, and repair of damage beyond ordinary wear and tear. Normal deterioration from ordinary use is not deductible, and no part of a deposit may be labelled non-refundable. Dated move-in and move-out photographs are the most effective answer to a disputed charge.

What can I do if my landlord will not repair something?

Give written notice first, since the obligation generally runs from notice. Where a substantial defect under Civil Code section 1941.1 is not fixed, section 1942 allows you within limits to repair and deduct from rent, or to vacate. Both carry conditions and monetary limits, and using them incorrectly puts you in breach.

Can my landlord enter my apartment without telling me?

Only in an emergency. Otherwise entry is limited to defined purposes and requires reasonable advance written notice, with 24 hours presumed reasonable. Repeated entry without notice can itself amount to harassment and may support a claim.

Can my landlord evict me for complaining about conditions?

No. Retaliation for exercising a legal right, including complaining about habitability or contacting code enforcement, is prohibited under Civil Code section 1942.5. It is also a recognised defence in an unlawful detainer action, so a retaliatory eviction can fail on that ground alone.

Does my lease override these rights?

Generally not. A lease cannot waive statutory protections such as the deposit cap, the habitability warranty, or the bar on retaliation, and a clause purporting to do so is usually unenforceable. Your lease adds to your rights; it does not replace them.

Related Questions

Can I withhold rent if repairs are not made?

Rent withholding is a distinct remedy from repair-and-deduct and carries its own conditions. Withholding without meeting them is simply non-payment, which is a ground for eviction. Take advice first.

What if my roommate stops paying?

Where you are both on the lease you are generally jointly liable for the whole rent, so the landlord can pursue either of you for all of it. Your remedy against the roommate is separate.

Do I get my deposit back if I break the lease early?

The deposit rules still apply, but the landlord may deduct rent owed until the unit is re-let, subject to their duty to mitigate by trying to re-let promptly.

Can my landlord refuse to rent to me because of a housing voucher?

Source of income is a protected characteristic in California, so refusing a tenant because they hold a voucher is generally unlawful.

Talk to a California tenant rights attorney

Deposit deadlines run in days and eviction response windows are shorter still. To discuss a tenancy problem 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.