California tenants have some of the strongest protections in the United States. Under AB 1482 (Tenant Protection Act of 2019), most tenants in buildings older than 15 years are protected by a statewide rent cap of the lesser of 5% + CPI or 10% per year, plus just-cause eviction rules. Since AB 12 took effect in July 2024, security deposits are generally capped at one month's rent (or two months for small landlords under limited conditions). Landlords must return deposits within 21 days of move-out with an itemized statement. Many California cities (San Francisco, Los Angeles, Oakland, Berkeley, and others) impose stricter local rent control on top of state rules.
| Governing statutes | Cal. Civ. Code §§ 1940–1954.05 (residential landlord-tenant); § 1950.5 (security deposits); §§ 1946.2, 1947.12 (AB 1482 rent cap and just cause) |
|---|---|
| Statewide rent cap (AB 1482) | Lesser of 5% + regional CPI or 10%/year |
| Security deposit limit (AB 12) | 1 month's rent (2 months for small landlords in limited cases) |
| Deposit return deadline | 21 days after move-out, with itemized statement |
| Just-cause eviction | Required for most tenants after 12 months of continuous occupancy |
| Notice of entry | 24 hours written notice in most cases |
| Habitability standard | Cal. Civ. Code § 1941 — landlord must maintain habitability |
| Retaliation prohibited | Yes — Cal. Civ. Code § 1942.5 |
| Small claims limit | Up to $12,500 for individuals |
| Local rent control | Many cities exceed state protections (SF, LA, Oakland, Berkeley, San Jose, Santa Monica, etc.) |
Statewide rent cap (AB 1482)
California's Tenant Protection Act of 2019 (AB 1482) caps annual rent increases at the lesser of 5% + the regional Consumer Price Index (CPI) or 10% for covered rental units. The cap applies to most residential rentals in buildings that received a certificate of occupancy at least 15 years ago (rolling 15-year window).
What's covered
AB 1482 covers most residential rental units in California. Common exemptions include:
- Single-family homes and condos owned by non-corporate landlords (provided proper notice is given to the tenant).
- Housing built within the last 15 years (rolling).
- Deed-restricted affordable housing.
- Owner-occupied duplexes.
- Some short-term stays and hotels.
If your city has its own rent control law (like San Francisco or Los Angeles), that law generally applies alongside or in place of AB 1482 to the extent the local rule is stricter.
Notice requirement: If a landlord claims the single-family/condo exemption from AB 1482, the exemption must be disclosed to the tenant in writing.
Just cause eviction rules
AB 1482 also requires "just cause" for terminating a tenancy once the tenant has continuously occupied the unit for 12 months (or 24 months if there are additional adult tenants).
At-fault just causes
These do not require relocation assistance and include:
- Failure to pay rent.
- Material breach of the lease.
- Nuisance, waste, or unlawful use of the premises.
- Criminal activity on the premises.
- Refusing to sign a substantially similar renewal lease.
No-fault just causes
These require the landlord to pay relocation assistance equal to one month's rent (or waive the last month's rent). They include:
- Owner or close family member moving in.
- Withdrawal of the unit from the rental market (Ellis Act, in some contexts).
- Compliance with a government order or local ordinance.
- Substantial remodeling or demolition.
Security deposit limits (AB 12)
As of July 1, 2024, AB 12 caps most residential security deposits at one month's rent, regardless of whether the unit is furnished. This is a significant reduction from the prior limits (which allowed up to two months for unfurnished units and three months for furnished units).
Small landlord exception. A landlord who owns no more than two residential rental properties totaling no more than four rental units may charge up to two months' rent as a security deposit — but not if the tenant is a service member, whose deposit remains capped at one month.
The security deposit rules — including limits, permitted uses, and required disclosures — are governed by Cal. Civ. Code § 1950.5.
Getting your deposit back
California landlords must return a security deposit — along with an itemized statement of any deductions — within 21 calendar days after the tenant moves out.
Permitted deductions are limited to:
- Unpaid rent.
- Cleaning necessary to restore the unit to the same level of cleanliness as at the start of tenancy (reasonable wear-and-tear excepted).
- Repair of damage beyond ordinary wear and tear.
- Restoration or replacement of personal property specified in the lease (if authorized).
If any deduction exceeds $125, the landlord must provide copies of receipts, invoices, or good-faith estimates. Bad-faith withholding can result in up to twice the amount of the deposit as statutory damages, in addition to actual damages, under Cal. Civ. Code § 1950.5(l).
Pre-move-out inspection
You have the right to request an initial inspection of your unit no earlier than two weeks before the tenancy ends. The landlord must give at least 48 hours' written notice of the inspection and provide an itemized statement identifying any deductions the landlord proposes to make so you have an opportunity to remedy the issues yourself.
Landlord notice of entry
Except in emergencies, California landlords must give 24 hours' written notice before entering a rental unit. Permissible entry reasons include:
- Emergencies.
- To make agreed-upon repairs.
- To show the unit to prospective buyers, tenants, workers, or lenders.
- When the tenant has abandoned the premises.
- Pursuant to a court order.
Entry must generally occur during "normal business hours" unless the tenant consents otherwise. The rules are set out in Cal. Civ. Code § 1954.
Habitability & repairs
Under California's implied warranty of habitability (Cal. Civ. Code § 1941 and Green v. Superior Court, 10 Cal. 3d 616 (1974)), landlords must maintain rental units in a condition fit for human occupancy. This includes:
- Effective weather protection (unbroken windows, roof, walls).
- Plumbing in good working order, including hot and cold running water.
- Gas facilities in good working order.
- Heating facilities in good working order.
- Electrical lighting and wiring meeting current code at time of installation.
- Building and grounds kept clean and free of pests, garbage, and debris.
- Adequate trash receptacles.
- Floors, stairways, and railings in good repair.
- Working smoke detectors and carbon monoxide detectors.
- Deadbolt locks on main swinging entry doors.
Repair and deduct
If the landlord fails to fix a habitability problem after reasonable notice, tenants may use the "repair and deduct" remedy under Cal. Civ. Code § 1942 — arrange for the repair themselves and deduct the cost (capped at one month's rent) from the next rent payment. This remedy may be used up to twice in any 12-month period.
Retaliation protection
California landlords are prohibited from retaliating against tenants who exercise their legal rights. Prohibited retaliatory actions include rent increases, eviction, or reducing services within 180 days of the tenant:
- Complaining to the landlord about habitability.
- Complaining to a government agency about habitability.
- Filing a lawsuit or arbitration relating to the tenancy.
- Participating in a tenants' association.
The retaliation protections are in Cal. Civ. Code § 1942.5.
Local rent control ordinances
Many California cities impose rent control stricter than AB 1482. Examples include:
| City | Ordinance | Rent cap |
|---|---|---|
| San Francisco | Rent Ordinance (1979) | Set annually by Rent Board (typically 60% of CPI, capped ≤7%) |
| Los Angeles | Rent Stabilization Ordinance | Set annually (typically 3–8%) |
| Oakland | Residential Rent Adjustment Program | CPI-based annual cap |
| Berkeley | Rent Stabilization Ordinance | Annual allowable increase set by Board |
| Santa Monica | Rent Control Charter Amendment | Set annually by Rent Control Board |
| San Jose | Apartment Rent Ordinance | Currently capped at 5%/year |
If your unit is in a city with local rent control, that ordinance usually applies alongside or instead of AB 1482 to the extent it is stricter. Check with your city's rent board for the specifics that apply to your building.
Eviction process overview
California landlords must follow a specific court process (called an "unlawful detainer" action) to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
The general steps:
- Written notice from landlord (3-day, 30-day, 60-day, or 90-day depending on cause and tenancy length).
- If the tenant does not comply or move out, landlord files an unlawful detainer complaint in Superior Court.
- Tenant is served with the complaint and has 5 court days (10 for landlords participating in Ellis Act) to file a written response.
- Hearing is typically scheduled within 20 days of tenant's response.
- If landlord wins, the court issues a writ of possession and the sheriff posts a 5-day notice to vacate.
The formal court process typically takes 30–90 days from notice to sheriff lockout, but can be longer if the tenant raises valid defenses. See our How to Fight an Eviction guide for more detail on defenses and process.
State agency contact
California Department of Consumer Affairs — Housing Programs
Primary state agency for tenant-landlord information and complaints
Compared to neighboring states
Related California laws
Related comparisons
Related guides
Recent changes
- July 1, 2024AB 12 reduced most residential security deposits to a one-month cap, replacing prior 2× / 3× monthly limits.
- April 1, 2024AB 1482 rent-cap CPI figures updated for the 2024–2025 rental year; verify the applicable regional CPI for your county before calculating any increase.
- January 1, 2022Statewide COVID-era eviction protections expired for most tenants; local moratoria continued in some jurisdictions.
- January 1, 2020AB 1482 (Tenant Protection Act of 2019) took effect, establishing the statewide rent cap and just-cause eviction framework.
Need advice on your specific California situation?
State Law Handbook doesn't provide legal advice. Connect with a licensed California attorney for personal counsel.
Sources
Primary sources
- California Civil Code §§ 1940–1954.05. The core residential landlord-tenant statutes. https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=CIV&tocTitle=+Civil+Code+-+CIV
- California Civil Code § 1950.5. Security deposits — limits, deductions, return timeline, penalties. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1950.5
- AB 1482 (2019) — Tenant Protection Act. Statewide rent cap and just-cause eviction framework. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1482
- AB 12 (2023) — Security Deposit Cap. Reduced most security deposits to one month's rent effective July 1, 2024. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB12
- California Department of Consumer Affairs — California Tenants Guide. State agency plain-language guide to tenant rights. https://www.dca.ca.gov/publications/landlordbook/