California Landlord-Tenant Law Guide

Security deposits

Maximum amount

1 month’s rent maximum regardless of furnishing (effective July 1, 2024, under AB 12). Exception: landlords who own no more than 2 residential properties with a total of 4 or fewer units may charge up to 2 months’ rent (this exception does not apply to active-duty military).

Return deadline

21 calendar days after the tenant moves out. An itemized statement must accompany any deductions.

Itemized deduction requirements

Landlords must provide an itemized statement of deductions with receipts or good-faith estimates. Remaining deposit must be returned with the statement.

Notice requirements

Entry notice

24 hours’ advance written notice for most entries; 48 hours for move-out inspections. No notice required for emergencies.

Lease termination notice

30 days’ notice for month-to-month tenancies under 1 year; 60 days’ notice for tenancies of 1 year or more.

Rent increase notice

30 days’ notice for increases of 10% or less; 90 days’ notice for increases over 10%. Subject to AB 1482 rent caps where applicable.

Rent rules

Rent control

Statewide: AB 1482 (Tenant Protection Act) limits annual rent increases to 5% + local CPI (max 10%) for covered properties (buildings 15+ years old, with exemptions for single-family homes not owned by corporations). Local rent control exists in cities including Los Angeles, San Francisco, Oakland, San Jose, and others.

Late fee regulations

No specific statutory cap, but fees must be reasonable and related to the landlord’s actual costs. Courts have struck down excessive fees.

Payment methods

Landlords must allow at least one form of payment other than cash or electronic funds transfer. Cannot require exclusively electronic payments.

Eviction process

Notice to quit / cure period

3-day notice to pay rent or quit for nonpayment; 3-day notice to cure or quit for lease violations; 30/60-day notice for no-fault terminations (depending on tenancy length).

Court filing

Unlawful detainer lawsuit filed in Superior Court. Tenant has 5 days to respond after service. Trial typically set within 20 days of filing.

Estimated timeline

Approximately 3–8 weeks for uncontested cases; contested cases can take several months.

Maintenance & habitability

Implied warranty of habitability

Yes. California law imposes an implied warranty of habitability. Landlords must maintain rental units in a condition fit for human occupancy per Civil Code §1941.

Repair response requirements

Landlords must make repairs within a reasonable time after being notified. For urgent issues (no heat, plumbing failures), repairs should be made promptly.

Tenant remedies

Repair and deduct (up to one month’s rent); withhold rent; report to local code enforcement; and in severe cases, vacate and terminate the lease.

Lease requirements

Required disclosures

• Lead-based paint disclosure (pre-1978 buildings)
• Mold disclosure (known mold presence)
• Bed bug history disclosure
• Flood zone disclosure (if applicable)
• Demolition intent disclosure (if planned within next 12 months)
• Pest control company and treatment disclosures
• Military ordnance location disclosure (if within 1 mile)
• Registered sex offender database notice (Megan’s Law)
• Smoking policy disclosure

Lease term requirements

No statutory limit on lease length. Oral leases are valid for terms under 1 year. Leases of 1 year or more must be in writing.

Required clauses

No specific clauses are mandated by statute, but certain disclosures and notices must be included or provided at lease signing.