Know Your Tenant Rights - Guides & Resources for California

California Landlord-Tenant FAQs

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

Quick Answer: California landlords must return your security deposit within 21 days after you move out. If they keep any money, they must send you a written list explaining what they took out and why.

California Security Deposit Return Timeline

When you move out of a rental home in California, your landlord has exactly 21 days to handle your security deposit. This deadline starts the day you return the keys and leave the property. The landlord must either give you back the full deposit or send you the remaining amount with a detailed written statement.

What Landlords Must Include

If your landlord keeps any portion of your deposit, they must provide specific information. The itemized statement needs to list each deduction and explain the reason for it. For any charges over $125, landlords must attach copies of receipts or invoices. When landlords do repair work themselves, they must describe the work completed, state how many hours it took, and list the hourly rate charged.

New Photo Requirements Starting in 2025

California law changed in 2025 to add extra protection for tenants. Starting April 1, 2025, landlords must take photographs of your rental unit after you move out but before doing any repairs or cleaning. For rentals that begin on or after July 1, 2025, landlords must also take photos at the start of your tenancy. These photos serve as proof if disputes arise about security deposit deductions.

What Happens If Your Landlord Misses the Deadline

When a landlord fails to return your deposit within 21 days, you have legal options. You can write a letter asking for the money back. If that does not work, you can sue in small claims court for up to $12,500. Judges may award you twice the amount of your deposit if they determine the landlord acted in bad faith by keeping your money without good reason.

Pre-Move-Out Inspections Give You a Chance to Fix Issues

California law gives you the right to request an initial inspection before you move out. Your landlord must offer you this opportunity in writing within a reasonable time before your lease ends. This inspection happens at least two weeks before you leave. It allows you to see what the landlord considers damage and fix those problems before moving out, which helps you get more of your deposit back.

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

Quick Answer: Landlords in California can only deduct money for unpaid rent, damage beyond normal wear and tear, and cleaning costs needed to restore the unit to its original condition. They cannot charge you for things that naturally wear out over time.

Allowed Security Deposit Deductions

California law sets clear rules about what landlords can take from your security deposit. Landlords may deduct costs to repair damage you or your guests caused that goes beyond normal use of the property. They can also keep money to clean the rental unit, but only to bring it back to the condition it was in when you first moved in. If your rental agreement included furniture or appliances, landlords can deduct repair or replacement costs for those items.

Unpaid Rent and Special Exceptions

Landlords generally can use your security deposit to cover rent you owe. However, important exceptions exist. Landlords cannot take money from your deposit to pay for COVID-19 rental debt, which includes unpaid rent from March 1, 2020, through September 30, 2021. Additionally, if you end your lease early because you or someone in your household experienced domestic violence, sexual assault, or stalking, your landlord cannot use the deposit as a penalty.

What Normal Wear and Tear Means

Normal wear and tear describes damage that happens naturally over time when you use a home in a reasonable way. This includes faded paint, minor carpet wear from regular foot traffic, loose door handles from everyday use, and small nail holes from hanging pictures. Landlords cannot charge you for these types of issues because they result from regular living, not tenant damage.

Items Landlords Cannot Deduct

California law prevents landlords from making certain charges. They cannot automatically charge a standard cleaning fee to every tenant who moves out. Landlords must prove that cleaning was actually needed and cannot include routine maintenance costs. They also cannot deduct for repairs needed because of the property's age or normal deterioration.

Painting Deductions Have Special Rules

When it comes to painting costs, California requires landlords to consider the useful life of paint. If paint typically lasts six years and you lived in the unit for seven years, the landlord cannot charge you for repainting, even if the walls need fresh paint. This rule recognizes that paint naturally wears out and landlords must bear some costs of property maintenance.

Documentation Requirements Protect Tenants

For deductions over $125, landlords must provide receipts or invoices proving the actual costs. When landlords or their employees do the work, they must give you a description of what they did, how long it took, and confirm their hourly rate was reasonable. Without proper documentation, deductions may be considered invalid.

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

Quick Answer: California landlords can use several types of eviction notices depending on the situation. The most common are 3-day notices for problems like unpaid rent or lease violations, and 30-day or 60-day notices for ending month-to-month rentals without fault.

Three-Day Notice to Pay Rent or Quit

When you fall behind on rent, your landlord can give you a 3-day notice to pay or move out. This notice must state exactly how much rent you owe and cannot include other fees like late charges or utilities. You have three days to pay the full amount or leave the property. The three days do not include Saturdays, Sundays, or court holidays. The notice must tell you where and how to pay the rent.

Three-Day Notice to Cure or Quit

If you violate your lease in a way that can be fixed, landlords may issue a 3-day notice to cure or quit. Common examples include having a pet when your lease says no pets or making too much noise that bothers neighbors. The notice must clearly explain what you did wrong and state that you have three days to fix the problem or move out. Under the Tenant Protection Act, landlords must give this type of notice before they can give you an unconditional quit notice for the same issue.

Three-Day Unconditional Notice to Quit

For serious lease violations, landlords can give you a 3-day unconditional quit notice. This notice tells you to move out within three days without any chance to fix the problem. Landlords can only use this notice for severe situations like illegal drug activity on the property, subletting without permission, causing major damage, or creating dangerous conditions. You cannot correct these violations, and if you do not leave, the landlord can file an eviction lawsuit.

30-Day or 60-Day Notice to Quit

For month-to-month tenancies, landlords use 30-day or 60-day notices depending on how long you have lived there. If all tenants have rented for less than one year, landlords give a 30-day notice. If anyone has lived there for one year or more, landlords must give a 60-day notice. These notices are typically used when landlords want to end a tenancy for no-fault reasons, but the Tenant Protection Act limits when landlords can use them.

90-Day Notice for Section 8 Housing

Tenants living in Section 8 housing or properties with federally backed mortgages receive extra protection. Landlords must provide a 90-day notice before ending these tenancies. This longer notice period gives you more time to find new housing.

Important 2025 Notice Requirements

A recent court decision in June 2025 changed how notices must be written. All eviction notices must now clearly state when the notice period starts, which is usually the date the landlord delivers it to you. Notices must also specify that weekends and court holidays do not count toward the deadline. These requirements help ordinary tenants understand exactly when they must take action.

Tenant Protection Act Limits Notice Use

California's Tenant Protection Act restricts when landlords can evict tenants who have lived in a property for 12 months or more. Landlords must have just cause, meaning either an at-fault reason like not paying rent or breaking the lease, or a no-fault reason like the owner moving in. Simply wanting a new tenant is not a valid reason to evict under this law.

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4. How does the eviction process work in California?

Quick Answer: The California eviction process starts when your landlord gives you a written notice. If you do not fix the problem or move out, the landlord can file a lawsuit called an Unlawful Detainer. You have 10 days to respond in court. The entire process typically takes 3 to 4 months from start to finish.

Step One: Landlord Serves an Eviction Notice

Every eviction begins with a written notice from your landlord. The type of notice depends on why the landlord wants you to leave. Your landlord must deliver this notice properly, either by handing it to you directly, giving it to another adult at your home and mailing you a copy, or posting it on your door and mailing you a copy. The notice period starts when you receive it.

Step Two: Landlord Files an Unlawful Detainer Lawsuit

If you do not do what the notice says by the deadline, your landlord can file court papers to start an eviction case. This lawsuit is officially called an Unlawful Detainer. The court will give you a copy of these papers, which include a Summons and Complaint. These documents name the landlord as the Plaintiff and you as the Defendant, and they show the case number and which court is handling the case.

Step Three: You Must Respond Within 10 Days

When you receive the Unlawful Detainer papers, you have 10 business days to file a written response with the court. This deadline changed on January 1, 2025, when it increased from 5 days to 10 days. Weekends and court holidays do not count. The most common response is called an Answer, where you explain your side of the story and any defenses you have. If you do not respond within 10 days, the judge can decide the case without hearing from you.

Step Four: Court Hearing or Trial

If you file a response, the court will schedule a hearing or trial. At this hearing, both you and your landlord can present evidence and explain your positions to the judge. You can bring documents, photos, witnesses, and other proof to support your case. The judge will listen to both sides before making a decision.

Step Five: Judge Makes a Decision

After reviewing all the evidence, the judge decides whether you must move out. If the judge rules in your favor, you can stay in your home. If the judge rules against you, the court issues a judgment for possession, which means you must leave the property. You may be able to request more time to move, depending on your situation.

Step Six: Sheriff Enforces the Eviction

If you lose the case and do not move out voluntarily, your landlord can request a Writ of Possession from the court. The sheriff then posts a notice giving you five days to leave. If you still have not moved after those five days, the sheriff can physically remove you and your belongings from the property.

Timeline Varies by Case

The total eviction timeline usually ranges from 3 to 4 months, but this can be longer if complications arise. Factors that affect timing include how quickly you respond to notices, whether you contest the eviction, court scheduling, and any delays in legal proceedings. Weekends, holidays, and court backlogs can extend the process.

Self-Help Evictions Are Illegal

California law strictly prohibits landlords from taking matters into their own hands. Landlords cannot change your locks, shut off your utilities, remove your belongings, or force you out without going through the court process. These actions are called self-help evictions and are illegal. Only a sheriff can physically remove a tenant after a court judgment.

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

Quick Answer: California tenants can break a lease early without penalty in specific situations. These include entering active military service, experiencing domestic violence or abuse, living in uninhabitable conditions, or when the landlord seriously violates the lease terms.

Active Military Service Protection

Federal law and California law both protect service members who need to break a lease. If you enter active military duty after signing your lease, or if you receive orders for deployment lasting at least 90 days or a permanent change of station, you can end your lease early. You must give your landlord written notice along with a copy of your military orders. Your lease ends 30 days after the next rent payment is due.

Domestic Violence and Safety Protections

California provides strong protections for victims of domestic violence, sexual assault, stalking, elder abuse, or human trafficking. If you or an immediate family member experienced any of these situations within the past 180 days, you can legally terminate your lease early. You must provide written notice to your landlord along with proof, such as a restraining order or police report. You remain responsible for rent for 30 days after giving notice, but your landlord cannot use your security deposit as a penalty.

Uninhabitable Living Conditions

When your rental unit becomes uninhabitable and your landlord refuses to make necessary repairs, you may have grounds to break your lease. Uninhabitable conditions include lack of running water, heat, or electricity, serious mold problems, pest infestations, major structural issues like broken stairs, or dangerous problems like exposed wiring. You must notify your landlord in writing about the problem and give them a reasonable amount of time to fix it before you can legally move out.

Landlord Breaches and Privacy Violations

If your landlord repeatedly violates your rights or the terms of your lease, you may be able to end your tenancy early. Examples include failing to make required repairs after proper notice, entering your home without giving you required 24-hour notice, harassment like changing locks or shutting off utilities, or other actions that prevent you from peacefully enjoying your home. These violations can constitute a constructive eviction, meaning the landlord has effectively forced you to leave.

What Happens Without Legal Justification

When you break a lease without a legally valid reason, you typically owe rent for the remaining lease term. However, California law requires landlords to make reasonable efforts to find a new tenant. The amount you owe gets reduced by what the landlord could have avoided losing. For example, if you help find replacement tenants by advertising the unit, your landlord must consider those applicants, and you only owe the difference between what they would pay and your original rent.

Landlord's Duty to Minimize Losses

California Civil Code Section 1951.2 requires landlords to mitigate their damages when a tenant breaks a lease. This means landlords must actively try to re-rent the unit in a reasonable manner. They cannot simply let the unit sit empty and charge you for all the lost rent. If you provide your landlord with qualified replacement tenants and the landlord unreasonably rejects them, you may only owe a reduced amount or nothing at all.

Local Rules May Provide Extra Protection

Some California cities have additional rules about breaking leases. For example, Berkeley prohibits landlords from charging lease-breaking fees to tenants. Always check your local city or county ordinances to see if you have extra protections beyond state law.

Steps to Take When Breaking a Lease

If you need to break your lease, give your landlord as much written notice as possible. Explain your situation clearly and provide any required documentation. Request an initial move-out inspection two weeks before you leave to identify any potential security deposit deductions. If you can help find a replacement tenant, advertise the unit and forward applications to your landlord. Keep copies of all communications with your landlord in case disputes arise later.

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6. Are there limits on rent increases in California?

Quick Answer: Yes, California limits rent increases for most rental properties. Under the Tenant Protection Act, landlords can only raise rent by 5% plus the local inflation rate, or 10% total, whichever is lower, within any 12-month period.

California Tenant Protection Act Rent Caps

Since January 1, 2020, California has had statewide rent control through Assembly Bill 1482, also called the Tenant Protection Act. This law caps how much landlords can increase your rent each year. The maximum increase is calculated as 5% plus the Consumer Price Index for your region, or 10% total, whichever amount is lower. For example, in San Diego County, the maximum allowable rent increase from August 1, 2025, through July 31, 2026, is 8.8%.

How the Calculation Works

The Consumer Price Index measures changes in the cost of living for your area. Each region in California has its own CPI rate that updates annually. The state adds 5% to that regional CPI to determine the maximum rent increase. However, even if the math results in a higher number, the law sets an absolute cap of 10% per year. This means rent can never increase more than 10% in a 12-month period for covered properties.

Regional Differences Across California

Different parts of California have different maximum rent increases based on local inflation rates. In the San Francisco area, the maximum increase from August 1, 2025, to July 31, 2026, is 6.3% because the local CPI is 1.3%. In Los Angeles, the maximum is 8.0% for the same period. In San Diego, it is 8.8%. These rates reset every August based on the previous year's inflation data.

Which Properties Are Covered

The Tenant Protection Act applies to most residential rental properties in California built before February 1, 1995. This includes apartments, condos owned by corporations, and single-family homes owned by corporations or real estate investment trusts. The law uses a rolling 15-year timeline, so as buildings get older, they become covered by rent control protections.

Important Exemptions to Know

Several types of housing are exempt from state rent control limits. New construction less than 15 years old is not covered. Single-family homes and condos owned by individual people are exempt, unless owned by a corporation. Duplexes where the owner lives in one unit are exempt. Deed-restricted affordable housing has its own separate rules. Mobile homes owned and offered for rent by park owners are also exempt.

Local Rent Control Can Be Stricter

Many California cities have their own local rent control laws that provide even stronger protections than state law. Cities like San Francisco, Los Angeles, Berkeley, Santa Monica, and Oakland have rent control ordinances with lower caps. When local law and state law both apply, tenants get the protection that is most favorable to them. Always check if your city has additional rent control rules beyond the state requirements.

Notice Requirements for Rent Increases

Before raising your rent, landlords must give you proper written notice. For increases of 10% or less, landlords must provide at least 30 days' notice. For increases over 10%, landlords must give 90 days' notice. A phone call, text message, or email does not count as proper notice. The landlord must send you a formal written notice, and the rent increase cannot take effect until the notice period ends.

Limits on Frequency of Increases

Landlords cannot raise your rent more than twice in a 12-month period under state law. Even if each individual increase is small, the total of all increases in any 12-month span cannot exceed the annual cap. This prevents landlords from spreading out increases to get around the yearly limit.

New Tenants and Initial Rent

The Tenant Protection Act does not limit the initial rent a landlord can charge when a unit is vacant. Landlords can set whatever rent they want for new tenants moving in. The rent control limits only apply to increases during an existing tenancy. Once you sign a lease, future increases must follow the annual caps.

Protections Against Eviction for Rent Increases

The Tenant Protection Act also requires landlords to have just cause before evicting tenants who have lived in a covered property for 12 months or more. This prevents landlords from evicting you simply to raise the rent beyond legal limits. Combined with rent caps, this gives California tenants significant protection against displacement.

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Government Resources

  1. California Department of Justice - Landlord-Tenant Issues
    https://oag.ca.gov/tenants
     Official California Attorney General resource explaining landlord-tenant laws, rental agreements, deposits, repairs, and eviction protections. A must-read guide to understand your rights and responsibilities under state law.

  2. California Courts Self-Help Resources
    https://www.courts.ca.gov/selfhelp-eviction.htm
    Step-by-step information from the California court system on eviction cases. Learn how the eviction process works, how to respond if you receive papers, and where to find legal assistance.

  3. Housing Is Key - Tenant Resources
    https://housing.ca.gov/resources/tenant.html
    The State of California’s Housing Is Key portal connects renters with financial help, eviction protection programs, and tenant rights resources during housing challenges.

Nonprofit & Advocacy

  1. LawHelpCA.org
    https://www.lawhelpca.org/
    California’s official statewide legal aid referral site. Offers free, reliable guides and connects low-income tenants with local nonprofit legal services.

  2. Tenants Together
    https://www.tenantstogether.org/
    Statewide tenant rights organization fighting for stronger protections. Provides renter guides, a hotline, and updates on California housing laws and campaigns.

  3. LA Tenants Union
    https://latenantsunion.org/en/
    Grassroots union supporting renters in Los Angeles. Offers organizing help, eviction defense, and tenant-to-tenant advocacy for fair housing.

  4. San Francisco Tenants Union
    https://sftu.org/
    Volunteer-run union focused on tenant rights in San Francisco. Provides counseling, workshops, and resources to help renters stand up to unfair evictions and rent hikes.

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