New York Tenant Rights, FAQ’s, Resources & Guides

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).