California Tenant Rights, FAQ’s, Resources & Guides

FAQ

1. How long does a landlord have to return a security deposit in California?

Under California Civil Code §1950.5, a landlord must return your security deposit within 21 calendar days after you move out. They may only keep part of it if they provide:

• An itemized statement listing each deduction

• Receipts or invoices for repairs or cleaning over $125

If they miss the 21-day deadline, state law says the landlord forfeits the right to keep any portion and must return the entire deposit to the tenant.

2. What can a California landlord legally deduct from a tenant’s security deposit?

Landlords in California can only deduct for specific, lawful reasons:

• Unpaid rent

• Cleaning to restore the unit to the same level as move-in

• Repairs for damage beyond normal wear and tear (for example: broken windows, large holes in walls)

• Replacement costs for lost items such as keys or furniture

They cannot deduct for ordinary wear and tear like faded paint, worn carpet, or minor scuffs.

3. What types of eviction notices can landlords use in California?

California law allows different notices depending on the situation:

• 3-day notice: for unpaid rent or serious lease violations

• 30- or 60-day notice: to end a month-to-month tenancy without cause (60 days applies if you’ve lived there more than one year; some cities may require longer, such as 90 days)

Notices must be properly “served” by hand delivery, leaving with someone and mailing, or posting on the door plus mailing.

4. How does the eviction process work in California?

Eviction follows a formal court procedure called an unlawful detainer:

1. Landlord serves a legal notice (such as a 3-day or 30-day).

2. If the tenant doesn’t comply, the landlord files a case in court.

3. The tenant has the right to respond and appear in court.

4. If the landlord wins, the court issues a writ of possession.

5. The sheriff enforces the eviction.

Landlords cannot change locks, shut off utilities, or remove belongings on their own. These “self-help” evictions are illegal in California.

5. Can tenants break a lease early in California without paying a penalty?

Generally, tenants remain responsible for rent until the lease ends. However, California law provides exceptions:

• Military duty (active deployment)

• Uninhabitable housing (serious health and safety issues)

• Victims of domestic violence, sexual assault, stalking, or elder abuse

In other cases, tenants may owe rent, but landlords must make reasonable efforts to re-rent the unit to limit what the tenant owes.

6. Are there limits on rent increases in California?

Yes. Under the Tenant Protection Act of 2019 (AB 1482):

• Annual increases are capped at 5% + inflation or 10%, whichever is lower.

• Landlords can only raise rent twice in 12 months.

• The law applies to most properties built before 2005.

Exemptions include newer buildings, some single-family homes, and units already under stricter local rent control laws (such as in Los Angeles or San Francisco).