California Landlord-Tenant Laws (2026)
Last reviewed: July 2026
California caps security deposits at one month's rent under AB 12 (2024) and requires return within 21 days. AB 1482 imposes a statewide rent cap of 5% plus inflation (max 10%) and just-cause eviction requirements, with cities like Los Angeles and San Francisco adding stricter local rules. Nonpayment evictions use a 3-day pay-or-quit notice that excludes weekends and holidays.
General information, not legal advice. Verify with the current statute or a local attorney before acting.
California landlord-tenant rules at a glance
| Security deposit limit | 1 month's rent (AB 12, effective July 2024; limited small-landlord exception) |
|---|---|
| Deposit return deadline | 21 days |
| Notice to enter | 24 hours' written notice |
| Rent control | Statewide, AB 1482 caps increases at 5% + CPI (max 10%); stricter local ordinances allowed |
| Eviction notice (nonpayment) | 3-day notice to pay or quit (excluding weekends and holidays) |
| Late fee rule | Must be a reasonable estimate of actual damages (liquidated-damages rule) |
| Month-to-month termination | 30 days (60 days after 1 year of tenancy) |
| Governing statute | California Civil Code §§ 1940-1954.05 |
Security deposits in California
The deposit rule in California is: 1 month's rent (AB 12, effective July 2024; limited small-landlord exception). After the tenancy ends, the landlord must return the deposit within 21 days, typically with an itemized statement for any amounts withheld. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the statute or lease allows — routine repainting and carpet aging from ordinary use generally cannot be charged to the tenant. Both parties should document the unit’s condition at move-in and move-out; disputes usually turn on that evidence.
Landlord entry and tenant privacy
California’s entry rule is: 24 hours' written notice. Entry is generally limited to legitimate purposes such as repairs, inspections, and showings, and emergencies allow immediate entry everywhere. Where the statute is silent or vague, courts fall back on the tenant’s right to quiet enjoyment, so landlords should give written notice and enter at reasonable hours regardless of the statutory minimum.
Rent increases and rent control
Rent control status in California: Statewide, AB 1482 caps increases at 5% + CPI (max 10%); stricter local ordinances allowed. Even without rent control, a landlord cannot raise rent mid-lease unless the lease allows it, and periodic tenancies require proper advance notice of an increase — commonly the same notice period used to terminate (30 days (60 days after 1 year of tenancy) in California). Retaliatory increases after a tenant exercises a legal right are prohibited in most states.
Eviction process overview
For unpaid rent, California requires: 3-day notice to pay or quit (excluding weekends and holidays). If the tenant does not pay or leave, the landlord files an eviction case (the name varies: unlawful detainer, summary process, forcible entry and detainer), serves the tenant, and attends a hearing. Only a court judgment followed by a sheriff or constable can remove a tenant — lockouts and utility shutoffs are illegal in every state. Timelines vary from a few weeks to several months depending on court backlog and whether the tenant contests the case.
Late fees
California’s late fee rule: Must be a reasonable estimate of actual damages (liquidated-damages rule). Even where no statutory cap exists, courts can strike down fees that operate as penalties rather than reasonable estimates of the landlord’s actual cost, and the fee must appear in the written lease to be enforceable.
Ending a lease or month-to-month tenancy
To end a month-to-month tenancy in California, the required notice is: 30 days (60 days after 1 year of tenancy). Fixed-term leases end on their own schedule unless renewed, though some states and cities require just cause or additional notice even at lease end. Notice should always be written, dated, and delivered by a method the statute recognizes.
Is California landlord-friendly or tenant-friendly?
California is generally considered tenant-friendly. California layers a statewide rent cap, just-cause eviction rules, a strict 1-month deposit cap, and extensive local ordinances on top of detailed statutory tenant protections.
Official source
The governing law is the California Civil Code §§ 1940-1954.05. Read the current text at the state’s official legislative site: https://leginfo.legislature.ca.gov/faces/codes.xhtml.
California landlord-tenant law FAQs
- How much can a landlord charge for a security deposit in California?
- Security deposits in California are governed by the California Civil Code §§ 1940-1954.05. The deposit rule is: 1 month's rent (AB 12, effective July 2024; limited small-landlord exception). After the tenancy ends, the landlord must return the deposit (minus properly documented deductions) within 21 days. Landlords who miss the deadline or take undocumented deductions can owe the tenant damages, so both sides should document the unit's condition at move-in and move-out and keep an itemized statement of any charges. Deposit rules are amended fairly often, so verify the current statute before relying on a specific number.
- How much notice does a landlord have to give before evicting for unpaid rent in California?
- For nonpayment of rent, California requires: 3-day notice to pay or quit (excluding weekends and holidays). That notice is only the first step, a landlord cannot legally remove a tenant without then filing an eviction case and winning a court judgment, and self-help evictions (changing locks, shutting off utilities) are prohibited. Local courts and city ordinances can add procedural steps, so check the California Civil Code §§ 1940-1954.05 and local rules before starting an eviction.
- Can a landlord enter a rental property without permission in California?
- California's entry rule is: 24 hours' written notice. Genuine emergencies (fire, flooding, gas leaks) are a standard exception in every state, and lease clauses can add detail but generally cannot strip a tenant's right to quiet enjoyment. For ending a month-to-month tenancy, California requires 30 days (60 days after 1 year of tenancy) of notice. When in doubt, put entry requests and termination notices in writing and confirm the current rule in the California Civil Code §§ 1940-1954.05.
Compare nearby states
Related Lofty resources
- Rental property calculator — model cash flow with California vacancy and eviction-cost assumptions.
- Rental income investing guide — how landlord-tenant rules feed into returns.
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This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Rules reflect widely documented statutes as of July 2026; cities and counties in California may add their own requirements.