California Landlord-Tenant Laws: A Plain-English Guide

Before the lease: screening, deposits and disclosures

Screening applicants

California caps the screening fee you can charge at your actual out-of-pocket cost, with a maximum that rises with inflation each year, so check the current figure before you set yours. Get written consent before you pull a credit report, and send an adverse action notice if the report leads you to say no, as the Fair Credit Reporting Act requires.

State law bans discrimination based on source of income, and that includes Section 8 vouchers. You can’t advertise “no Section 8” or reject an applicant because part of the rent comes from a voucher. Judge criminal convictions case by case, never with a blanket ban. HUD withdrew its 2016 guidance on records in 2025, but the Fair Housing Act and state law still apply.

Deposits

For deposits collected on or after July 1, 2024, the cap is one month’s rent (Cal. Civ. Code § 1950.5, as changed by AB 12). If you’re a natural person or a family LLC or trust with no more than two rental properties and four units in total, you can still ask for two months, except from service members. On a $2,800 apartment, that’s the difference between $2,800 and $5,600.

Paperwork to have ready

If you own a single-family home or condo as an individual and want it treated as exempt from AB 1482, the lease needs the statutory exemption notice. Without it, the unit is covered. Pre-1978 buildings need the federal lead-based paint disclosure. And from July 1, 2025, take dated move-in photos of every room: you’ll need them to support deductions later.

During the tenancy

Rent increases and rent control

AB 1482, the Tenant Protection Act (Cal. Civ. Code §§ 1947.12, 1946.2), caps increases at 5% plus regional CPI, never more than 10%, in any 12 months. Buildings under 15 years old, owner-occupied duplexes, and properly noticed single-family homes and condos are exempt. The law sunsets on January 1, 2030.

Local rent control sits on top of that. Los Angeles, San Francisco, Oakland, San Jose and Berkeley have stricter ordinances, though the state’s Costa-Hawkins law limits how far cities can go with vacancy control and new construction. Look up your city’s rules before you send any increase notice.

Late fees

There’s no statutory cap. A late fee has to be a reasonable estimate of what late payment actually costs you (Cal. Civ. Code § 1671, and the Orozco v. Casimiro decision). Fees around 5-6% of monthly rent are commonly treated as defensible, so $100 on $2,000 rent is a safer number than $250. Rent-controlled cities may restrict fees further.

Entry and repairs

Give 24 hours’ written notice, or 6 days if mailed, and enter during normal business hours (Cal. Civ. Code § 1954). For repairs, note that leases signed, renewed or amended on or after January 1, 2026 must include a working stove and refrigerator under AB 628, which made them habitability items (Civ. Code § 1941.1).

Ending the tenancy

Notices

Unpaid rent starts with a 3-day notice to pay or quit, and the 3 days skip weekends and judicial holidays. Lease violations get a 3-day notice to perform or quit, and covered tenants must get a chance to fix curable problems. To end a month-to-month tenancy, give 30 days if the tenant has been there under a year and 60 days after that (Civ. Code § 1946.1).

After 12 months, AB 1482’s just-cause rule applies. You need an at-fault reason or a listed no-fault reason, and no-fault terminations require relocation help equal to one month’s rent. SB 567 (2024) tightened the owner move-in and substantial-remodel grounds and added penalties.

Move-out and the deposit refund

You have 21 days to return the deposit with an itemized statement. Attach receipts for any deduction over $125, back deductions with move-out photos, and limit cleaning to restoring move-in condition. San Francisco, Berkeley and Santa Monica also require deposit interest.

Eviction overview

After the notice expires, you file an unlawful detainer (forms SUM-130 and UD-100) in Superior Court. The tenant has 10 court days to respond (AB 2347 doubled this from 5). With no answer you can request a default; otherwise a trial is generally set within 20 days of your request. The sheriff posts a 5-day notice before the lockout. Uncontested cases take roughly 4-8 weeks, and filing fees run about $240-$435 depending on the rent demanded, so confirm the current amount with the court clerk.

What’s different in California

• Smaller deposits. AB 12 cut the cap to one month for deposits collected on or after July 1, 2024.
• Photos are now evidence you must have. AB 2801 requires move-out photos (from April 1, 2025) and move-in photos (from July 1, 2025) to support deductions.
• A statewide rent cap plus just cause. AB 1482 limits increases and requires a reason to end tenancies after 12 months, with SB 567 adding penalties for misused no-fault grounds.
• Appliances count as habitability. AB 628 requires a working stove and refrigerator in leases signed, renewed or amended from January 1, 2026.
• Longer contested evictions. AB 2347 gives tenants 10 court days to answer.