Renters make up about 44% of all households in California, compared with 35% across the U.S. That puts California among the most renter-heavy states in the nation, second only to New York.
With so many people renting—and just as many landlords providing housing—every lease is governed by state laws that regulate deposits, rent increases, repairs, and evictions.
But what happens when a tenant faces unsafe living conditions, a landlord needs to evict someone who won’t pay, or a commercial property owner runs into a lease dispute? When one side doesn’t know their rights—or ignores the rules—minor disagreements can spiral into costly legal battles.
Understanding California’s landlord-tenant rights isn’t just helpful—it’s the only way to protect your home or investment.
Here are the most important rights and responsibilities to know, and how an experienced real estate attorney can help if problems arise.
Understanding Rental Agreements in California
The rental agreement is the basis of the landlord-tenant relationship. A lease should include:
- Full names of the tenant(s) and landlord
- Address of the rental property
- Rent amount, due date, and payment method
- Security deposit details
- Lease term (month-to-month or fixed period)
- Rules on pets, smoking, or subletting
- Repair and maintenance responsibilities
California law recognizes several types of lease agreements
| Lease Type | Description |
| Month-To-Month Lease | Renews automatically each month until ended with proper notice. Offers flexibility but less stability. |
| Fixed-Term Lease | Lasts for a set period (often 6 or 12 months). Rent and terms usually stay the same during that time. |
| Sublease Agreement | Lets the original tenant rent out the unit (or part of it) to someone else, typically with landlord approval. |
| Commercial Lease | Used for offices, retail, or other business properties. May have different terms than residential leases. |
While a lease can be made orally, the best way to prevent misunderstandings and future disputes is to put the terms in writing. Once the agreement is signed, tenants typically want to know what they must pay as a security deposit.
Security Deposit Rules in California
The state limits how much a landlord can collect upfront and requires strict handling of that money when a tenant moves out. As of July 1, 2024, California mandates these caps on security deposits:
| Type of Rental | Maximum Security Deposit |
| Most Residential Units | One month’s rent |
| Small Landlords With No More Than Two Properties | Up to two months’ rent |
Other rules under California CIV Code 1950.5 protect tenants, too:
- Deposits must be returned within 21 days of move-out.
- Any deductions need to be listed on an itemized statement with receipts.
- Deductions can only be for unpaid rent, cleaning, damages beyond normal wear and tear, or agreed replacement of the landlord’s property.
- Tenants may request an initial inspection to fix issues and avoid charges before moving out.
- Landlords acting in bad faith may owe tenants up to twice the deposit amount in addition to actual damages.
Deposits protect landlords without unfairly tying up a tenant’s money. Once a tenant is settled in, the bigger worry often becomes rent increases.
Rent Increases and Statewide Rent Control
California’s Tenant Protection Act of 2019 limits how much landlords can raise the rent each year. The law is designed to prevent sudden, steep hikes that could push tenants out of their homes.
Here’s how rent increase laws in CA work:
- Increases are capped at 5% of current rent + inflation, or 10% total, whichever is lower.
- Rent can only be raised once in 12 months.
- Some units are exempt, such as single-family homes (with certain conditions) and buildings less than 15 years old.
The current ceiling is around 8% in the Los Angeles Metro Area, while other areas like Pasadena and Santa Monica have slightly lower limits.
Landlords must give 30 days’ notice for rent hikes of 10% or less and 90 days for bigger increases. These rules give tenants stability while allowing landlords to cover rising costs and maintain the property.
A Landlord’s Duty To Provide Safe Housing
California law requires every rental to meet basic health and safety standards, known as the implied warranty of habitability. This obligation exists even if the lease doesn’t mention it.
A habitable unit must include:
- Working plumbing, heating, and electrical systems
- Protection from leaks and weather
- Hot and cold running water
- Secure doors and windows with working locks
- Living spaces free from infestations, mold hazards, and garbage buildup
When these conditions aren’t met, tenants can take action. In some cases, that means using the repair and deduct rule.
When Tenants Can Use Repair and Deduct
The repair and deduct rule is a last-resort option for issues threatening a renter’s health or safety, like broken plumbing or lack of heat. It allows tenants to arrange the repair and subtract the cost from rent, but only under these conditions:
- The repair must affect health or safety.
- The cost cannot exceed one month’s rent.
- The tenant must give the landlord notice and a chance to fix the issue first.
This tenant remedy in California is for serious problems a landlord refuses to fix, offering a way out of unsafe housing. Since renters can only use it twice in 12 months, it protects landlords from repeated misuse.
Landlord Entry and Tenant Privacy
Your home is your private space, even if you rent it. California law requires landlords to give reasonable notice—usually 24 hours advanced written notice—before entering, and they need a valid reason.
Acceptable reasons include:
- Making repairs or improvements
- Showing the unit to future renters, buyers, or contractors
- Inspecting the unit before a tenant moves out
- Responding to an emergency (where no notice is needed)
Respecting entry rules helps avoid unnecessary conflict and builds trust. When boundaries break down, landlords may turn to eviction.
How Evictions Work in California
The eviction process in California is tightly regulated, and landlords must have legal “just cause” to remove tenants in most situations.
Acceptable reasons include:
- Nonpayment of rent
- Serious lease violations, like unauthorized pets or subletting
- Illegal activity or creating a nuisance
- The landlord moving in or making major renovations
Even with a legal reason, landlords must notify tenants of eviction properly. That means giving:
- 3-day notice to pay overdue rent or fix a violation
- 30- or 60-day notice for ending a month-to-month tenancy under certain “no-fault” reasons
Anything outside these rules—like changing locks or shutting off utilities—is considered an illegal self-help eviction. California also protects tenants against retaliation, which can sometimes accompany eviction threats.
Protections Against Landlord Retaliation
Tenants cannot be punished for exercising their rights. Landlord retaliation often occurs after someone reports unsafe conditions or uses the repair and deduct remedy.
Common examples are:
- Raising rent after a tenant files a complaint
- Cutting back services like parking or laundry access
- Starting an eviction without a valid reason
If you suspect retaliation, you may have grounds to take legal action. Tenants can seek damages such as lost housing or financial costs. A qualified landlord-tenant attorney can review the facts and explain your options.
Get Legal Help With California Landlord-Tenant Issues
Rental disputes can disrupt every part of daily life. Tenants may live in unsafe conditions, fight to recover a withheld deposit, or struggle with sudden rent increases. Landlords might face months of unpaid rent, costly property damage, or the legal hurdles of removing a tenant through the courts.
At Mariaccio Law, we’re here to protect what matters most—your home, your property, and your financial security. Whether you’re a tenant or a landlord, we guide you through the legal process and advocate for a fair resolution. Contact us today to get started.
FAQ
What rights do tenants have in California if the rental unit is unsafe?
You have the right to a habitable home in California. If repairs aren’t made, you can ask again in writing, fix it yourself and deduct the cost, withhold rent, or move out if the property is unlivable.
How much can a landlord legally charge for a security deposit?
In most cases, security deposits in California are capped at one month’s rent. Small property owners with only a few units may collect up to two months. Landlords must return the deposit or explain deductions within 21 days of move-out.
What are the notice requirements for rent increases?
Landlords must give 30 days’ notice for smaller increases and 90 days if the hike is over 10%.
Can a landlord evict a tenant without cause in a month-to-month lease?
Not in most cases. Under landlord-tenant laws in California, tenants need a legal reason, like unpaid rent or a lease violation. Some no-fault evictions—like taking the unit off the rental market under the Ellis Act—are allowed but still require advance notice and compliance with state rules.
What constitutes landlord retaliation, and what protections does the tenant have?
Retaliation is when a landlord punishes you for standing up for your rights—like raising rent after you report a code violation. California law protects tenants, and you can use retaliation as a defense in court.
When can a tenant use “repair and deduct”?
Landlord responsibilities in California include keeping rentals safe and livable. If serious issues like broken plumbing, no heat, or hazardous conditions go unfixed, tenants can arrange the repair and deduct the cost, up to twice yearly.
How much notice must a landlord give before entering a tenant’s home?
Landlord entry notice in Los Angeles must be given in writing at least 24 hours in advance, and the visit has to be for a valid reason, like repairs or showings. Emergencies are the only exception.