California Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in California, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in California. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | California |
|---|---|
| Where these laws apply | The Civil Code's landlord-tenant chapter (§ 1940 and following) applies to everyone who rents a dwelling unit in California, including tenants, lessees, boarders and lodgers. It does not cover transient occupancy in a hotel, motel or similar facility that is taxable under Revenue and Taxation Code § 7280, or certain full-service hotel or motel stays of less than seven days. Cal. Civ. Code § 1940(a), (b) |
| Security deposit limit | One month's rent, on top of the first month's rent. Two months' rent for a landlord who is a natural person (or an LLC whose members are all natural persons) and owns no more than two rental properties with no more than four units in total, unless the tenant is a service member. These limits do not apply to a deposit collected or demanded before July 1, 2024. A lease may not call any deposit nonrefundable. Cal. Civ. Code § 1950.5(c)(1), (5), (6), (n) |
| Where deposits are held | No separate account required by California Civil Code sections 1940 to 1954.071. The landlord holds the deposit for the tenant, and the tenant's claim to it comes before the claim of any creditor of the landlord. Cal. Civ. Code § 1950.5(d) |
| Returning the deposit | Within 21 calendar days after the tenant moves out, the landlord must give an itemized statement of the deposit and how it was used, and return any remaining balance. If the landlord received the deposit or rent electronically, the balance is returned electronically unless the landlord and tenant agree in writing on another method. Keeping a deposit in bad faith can bring statutory damages of up to twice the deposit, plus actual damages. Cal. Civ. Code § 1950.5(h)(1), (m) |
| Deposit deductions | Only amounts reasonably necessary for unpaid rent, damage beyond ordinary wear and tear caused by the tenant or a guest, cleaning to return the unit to its move-in level of cleanliness, and (if the lease allows) restoring or replacing personal property. Nothing may be charged for ordinary wear and tear or for conditions that existed before the tenancy. When the tenancy is ending, the landlord must tell the tenant in writing of the right to request an initial inspection and to be present at it. The landlord must photograph the unit at move-in (tenancies beginning on or after July 1, 2025) and after move-out, before and after any repairs or cleaning (since April 1, 2025). Documents showing the repair and cleaning charges, and the photographs, go with the itemized statement unless repairs and cleaning total $125 or less or the tenant waived them. Cal. Civ. Code § 1950.5(b), (e), (f)(1), (g), (h)(2), (h)(4) |
| Interest on deposits | Not required by California Civil Code sections 1940 to 1954.071. Cal. Civ. Code Div. 3, Pt. 4, Tit. 5, Ch. 2 (no provision) |
| Landlord entry notice | Reasonable written notice stating the date, approximate time and purpose of the entry; 24 hours is presumed reasonable, or 6 days if the notice is mailed. Entry only during normal business hours, unless the tenant consents at the time of entry, there is an emergency, or the tenant has abandoned or surrendered the unit. No notice is needed to respond to an emergency, when the tenant is present and consents, or after the tenant has abandoned or surrendered the unit. Cal. Civ. Code § 1954(b), (d)(1), (e) |
| Notice to end a month-to-month lease | A tenant gives notice at least as long as the rental period; for a tenancy from month to month, at least 30 days' written notice. An owner gives notice at least 60 days before the termination date, or 30 days if a tenant or resident has lived there less than one year or in certain sales of a separately titled unit to a buyer who intends to live there. After a tenant has occupied the unit for 12 months, the owner of a property covered by § 1946.2 may end the tenancy only for just cause, stated in the written notice; § 1946.2 is repealed January 1, 2030. Cal. Civ. Code §§ 1946(a), 1946.1(b)-(d), 1946.2(a), (e), (n) |
| Rent-increase notice | For a tenancy from week to week, month to month or a shorter period: written notice at least 30 days before the increase if it totals 10% or less over 12 months, or at least 90 days if it is more than 10%. A mailed notice is also subject to Code of Civil Procedure § 1013. Cal. Civ. Code § 827(b)(1)-(3) |
| Late fees | No limit in California Civil Code sections 1940 to 1954.071. Cal. Civ. Code Div. 3, Pt. 4, Tit. 5, Ch. 2 (no provision) |
| Notice for unpaid rent | A written 3-day notice to pay the rent or give up possession, not counting Saturdays, Sundays and other judicial holidays. It must state the amount due and payment details set by statute, such as the name, telephone number and address of the person to be paid. The landlord may not charge a fee for serving the notice. Cal. Code Civ. Proc. § 1161(2), (6) |
| Rent control | Statewide cap: over any 12 months, rent may rise no more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, in no more than two increases for the same tenant. The owner sets the starting rent for a new tenancy. The cap does not apply to housing with a certificate of occupancy issued within the previous 15 years; separately titled units not owned by a REIT, a corporation, an LLC with a corporate member or mobilehome park management, if the tenants got the required written notice; certain two-unit buildings where the owner lives in the other unit; deed-restricted or subsidized affordable housing; school dormitories; or housing under stricter rent control by a public entity. The cap is repealed January 1, 2030. The cap does not affect a local government's existing authority to adopt or keep rent control consistent with Civil Code Chapter 2.7 (§ 1954.50 and following), the Costa-Hawkins Rental Housing Act. Notwithstanding any other law, and with exceptions, owners may set the initial and all later rents for units with a certificate of occupancy issued after February 1, 1995 and for separately titled units, and may set the starting rent for a new tenancy except in listed cases. Cal. Civ. Code § 1947.12(a), (b), (d), (m)(3), (o); §§ 1954.50, 1954.52(a), (b), 1954.53(a) |
| Required landlord disclosures | In the lease: the name, phone number and address for service of each person authorized to manage the premises and of the owner or the owner's agent for notices, and the name, phone number and address of the person or entity to be paid rent. A copy of the signed lease within 15 days. For property covered by § 1946.2: a notice in at least 12-point type, in words set by statute, about the state rent limits and just cause. Before a new tenancy: a written bed bug information notice in at least 10-point type. In leases signed on or after July 1, 2018: that the property is in a special flood hazard area or an area of potential flooding, if the owner actually knows it, and where to find hazard information online. In single-family leases and leases in buildings with more than four units: a statutory notice about the Department of Justice's public website on registered sex offenders. When they apply: an application for a permit to demolish the unit, known former federal or state ordnance locations within one mile, a periodic pest control notice, a tenant's gas or electric meter that also serves areas outside the unit, no-smoking areas, and a written statement when a service member is charged a higher deposit. Cal. Civ. Code §§ 1962(a), 1946.2(f), 1954.603, 2079.10a(a), 1940.6, 1940.7, 1940.8, 1940.9, 1947.5(b)(1), 1950.5(c)(4); Gov. Code § 8589.45 Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status and genetic information. California adds gender, gender identity, gender expression, sexual orientation, marital status, ancestry, source of income, veteran or military status and genetic information to the federal list. Source of income includes public assistance and housing subsidies, such as Section 8 vouchers. A landlord may not ask about the immigration or citizenship status of a tenant, prospective tenant or occupant. Cal. Gov. Code § 12955(a), (p)(1); Cal. Civ. Code § 1940.3(b)(1); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
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Frequently asked questions
How much can a landlord charge for a security deposit in California?
One month's rent, on top of the first month's rent. Two months' rent for a landlord who is a natural person (or an LLC whose members are all natural persons) and owns no more than two rental properties with no more than four units in total, unless the tenant is a service member. These limits do not apply to a deposit collected or demanded before July 1, 2024. A lease may not call any deposit nonrefundable. See the source in the table above.
How long does a California landlord have to return a security deposit?
Within 21 calendar days after the tenant moves out, the landlord must give an itemized statement of the deposit and how it was used, and return any remaining balance. If the landlord received the deposit or rent electronically, the balance is returned electronically unless the landlord and tenant agree in writing on another method. Keeping a deposit in bad faith can bring statutory damages of up to twice the deposit, plus actual damages. See the source in the table above.
How much notice must a California landlord give before entering?
Reasonable written notice stating the date, approximate time and purpose of the entry; 24 hours is presumed reasonable, or 6 days if the notice is mailed. Entry only during normal business hours, unless the tenant consents at the time of entry, there is an emergency, or the tenant has abandoned or surrendered the unit. No notice is needed to respond to an emergency, when the tenant is present and consents, or after the tenant has abandoned or surrendered the unit. See the source in the table above.
How much notice ends a month-to-month lease in California?
A tenant gives notice at least as long as the rental period; for a tenancy from month to month, at least 30 days' written notice. An owner gives notice at least 60 days before the termination date, or 30 days if a tenant or resident has lived there less than one year or in certain sales of a separately titled unit to a buyer who intends to live there. After a tenant has occupied the unit for 12 months, the owner of a property covered by § 1946.2 may end the tenancy only for just cause, stated in the written notice; § 1946.2 is repealed January 1, 2030. See the source in the table above.
How much notice is required for a rent increase in California?
For a tenancy from week to week, month to month or a shorter period: written notice at least 30 days before the increase if it totals 10% or less over 12 months, or at least 90 days if it is more than 10%. A mailed notice is also subject to Code of Civil Procedure § 1013. See the source in the table above.
How much can a California landlord charge for late rent?
No limit in California Civil Code sections 1940 to 1954.071. See the source in the table above.
How much notice must a California landlord give when rent is unpaid?
A written 3-day notice to pay the rent or give up possession, not counting Saturdays, Sundays and other judicial holidays. It must state the amount due and payment details set by statute, such as the name, telephone number and address of the person to be paid. The landlord may not charge a fee for serving the notice. See the source in the table above.
Does California have rent control?
Statewide cap: over any 12 months, rent may rise no more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, in no more than two increases for the same tenant. The owner sets the starting rent for a new tenancy. The cap does not apply to housing with a certificate of occupancy issued within the previous 15 years; separately titled units not owned by a REIT, a corporation, an LLC with a corporate member or mobilehome park management, if the tenants got the required written notice; certain two-unit buildings where the owner lives in the other unit; deed-restricted or subsidized affordable housing; school dormitories; or housing under stricter rent control by a public entity. The cap is repealed January 1, 2030. The cap does not affect a local government's existing authority to adopt or keep rent control consistent with Civil Code Chapter 2.7 (§ 1954.50 and following), the Costa-Hawkins Rental Housing Act. Notwithstanding any other law, and with exceptions, owners may set the initial and all later rents for units with a certificate of occupancy issued after February 1, 1995 and for separately titled units, and may set the starting rent for a new tenancy except in listed cases. See the source in the table above.
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