Understanding Landlord-Tenant Laws In California (2026)

Landlord and Tenant Responsibilities

Landlord responsibilities include delivering physical possession of the property on time. The property must be in safe and livable condition, offering essential features like plumbing, functional locks, and hot and cold water. As of 2026, a property isn’t legally habitable if it doesn’t have a stove and refrigerator (with some statutory exceptions).

Landlords must also provide upkeep and maintenance services, and keep common areas clean and safe. Additionally, they must give written notice before entering the property and abide by privacy-protection laws.

Tenant responsibilities include paying the agreed rent on time and keeping the living space reasonably clean and undamaged. Moreover, they must report necessary repairs to the landlord in a timely manner and obey all of the rules listed in the lease agreement.

California Lease Agreement Requirements

To be valid, a California lease agreement must include a complete property description and clear lease terms. The dates of when a fixed-term lease will begin and end, or the rules for month-to-month tenancies, must be clearly stated.

The agreement should provide information like the amount of rent, when payment is due, accepted payment methods, late-fee structures, and whether any grace periods apply. They should also state the security deposit amount and what the eviction process entails.

Required Landlord Disclosures in California

In California, landlords must disclose the property’s bedbug history before the tenant rents the property and moves in. Also, they must let potential tenants know if the property is in a flood zone and, if the property was built before 1978, if there are lead paint exposure risks. Finally, they must disclose the risk of mold exposure and provide an information booklet.

If there are shared utilities, landlords must disclose this fact as well. Additionally, in compliance with Megan’s Law, landlords must inform tenants about the state’s registry of sexual offenders.

Security Deposit Limits and Return Rules

General residential security deposits are capped at one month’s rent in California, though there could be exceptions for landlords who own no more than two residential properties (no more than four units in total). The landlord must return the tenant’s deposit within 21 calendar days after the tenant moves out.

Rent-Increase Limits and Local Rent Control

Annual rent increases throughout the state are limited to 5% (and the local Consumer Price Index), or a maximum of 10%. Landlords must provide a written rent increase notice at least 30 days prior for increases of 10% or less, and 90 days’ notice for increases over 10%.

Late Fees, Grace Periods, and Bounced Checks

If local ordinances don’t prevent late fees, and the relevant stipulations are outlined in the lease, it’s legal for landlords to charge tenants for paying rent late. The fees must be reasonable, however.

While California doesn’t require landlords to offer a grace period, it may be part of the lease. State law allows landlords to charge a fee of $25 for the first bounced check and $35 for each bounced check after that.

Landlord Entry and Notice Requirements

For non-emergencies, landlords must provide 24 hours’ notice before entering the property. The notice must state the date and time, along with the purpose of entry. Emergency entry is permitted without notice.

Tenant Rights to Withhold Rent or Repair and Deduct

If there’s a serious habitability problem and the landlord doesn’t address it in a timely manner, the tenant can withhold rent or undertake the repairs themselves and deduct the cost.

However, the deducted cost can’t exceed one month’s rent. The tenant also can’t exercise this right more than twice in a year, and they must not have caused the damage themselves.

Anti-Discrimination and Retaliation Protections

A landlord isn’t allowed to terminate or refuse to renew the lease of a tenant who has filed a complaint with a government agency or exercised a legal right, including the right to repair and deduct. Such actions are considered retaliation if they occur within 180 days of the complaint.

Importantly, landlords are prohibited from discriminating against prospective tenants on the basis of sex, race, religion, and a number of other protected characteristics.

Just-Cause Eviction Rules and Procedures

Once a tenant has occupied a unit for 12 months, termination requires establishing at-fault or specified no-fault just cause. The tenant is at-fault if they failed to pay rent, violated the lease agreement, or engaged in illegal actions.

If the tenant isn’t at-fault, the landlord can only terminate the lease in very narrow circumstances, including when they plan to move into the property themselves.

Regarding eviction, the landlord must provide a written notice stating the reason for the eviction. In no-fault cases, landlords must provide relocation assistance.

If the tenant doesn’t move out by the required date, the landlord can file an unlawful detainer lawsuit in court. They can’t change the locks, shut off utilities, or employ similar tactics in an effort to get the tenant out. Only a law enforcement officer with a valid court order can conduct the eviction.

Protecting Your Rights In California

California offers many significant rights for both tenants and landlords. When you understand these rights, you’ll be prepared to take appropriate action if they’re violated.