California Landlord-Tenant Laws: A 2026 Guide for Landlords and Tenants
Quick Answer
California landlord-tenant law caps most security deposits at one month's rent (Cal. Civ. Code § 1950.5), requires at least 24 hours' notice before a landlord enters the unit (§ 1954), and requires a three-business-day notice before an eviction for nonpayment of rent or most lease violations (Cal. Code Civ. Proc. § 1161). After 12 months of tenancy, the Tenant Protection Act of 2019 generally requires a stated "just cause" to end a tenancy and caps most annual rent increases at 5% plus regional CPI or 10%, whichever is lower (Cal. Civ. Code §§ 1946.2, 1947.12). Self-help eviction — changing locks, removing belongings, or shutting off utilities — is illegal (§ 789.3), and many California cities have their own, often stricter, rent control and just-cause ordinances.
California's rental relationships are governed by several separate codes rather than one unified landlord-tenant act: the Civil Code's "Hiring of Real Property" chapter (Cal. Civ. Code §§ 1940–1954.05) sets the substantive rules on security deposits, rent, entry notice, and habitability; the Tenant Protection Act of 2019 (Cal. Civ. Code §§ 1946.2, 1947.12) adds a statewide just-cause eviction requirement and rent-increase cap; and the unlawful detainer statutes (Cal. Code Civ. Proc. §§ 1159–1179a) set the court procedure for eviction. This guide summarizes the core rules on each of these topics, plus squatters and adverse possession, with links to the primary California statutes.
This guide is not comprehensive, is not legal advice, and does not warrant the accuracy of third-party information. California statutes change frequently, and many cities — including Los Angeles, San Francisco, Oakland, Berkeley, and Santa Monica — have local rent control and just-cause eviction ordinances that can be stricter than the state rules described here and control where they conflict. If you are dealing with a landlord-tenant dispute, consult a qualified California attorney or your local rent board.
Where California's Landlord-Tenant Rules Come From
California's core landlord-tenant statutes are:
Cal. Civ. Code §§ 1940–1954.05 — Title 5, Chapter 2 ("Hiring of Real Property"), covering security deposits, rent, entry notice, habitability, and retaliation.
Cal. Civ. Code §§ 1946.2, 1947.12 — the Tenant Protection Act of 2019 (AB 1482), covering statewide just-cause eviction protections and rent-increase caps for covered units.
Cal. Code Civ. Proc. §§ 1159–1179a — the unlawful detainer statutes, California's court procedure for evicting a tenant.
Cal. Code Civ. Proc. §§ 318–325 — the adverse possession statutes, which can affect long-term unauthorized occupants.
California Security Deposit Rules
Since July 1, 2024, under amendments made by AB 12, a landlord generally may not demand or receive a security deposit worth more than one month's rent, in addition to the first month's rent (Cal. Civ. Code § 1950.5(c)(1)).
A narrow exception lets a landlord who is a natural person (or an LLC whose only members are natural persons) and who owns no more than two rental properties totaling four units charge up to two months' rent, unless the prospective tenant is a service member (§ 1950.5(c)(5)).
No later than 21 calendar days after the tenant vacates, the landlord must return the deposit or furnish an itemized statement of the amounts deducted, along with copies of invoices or receipts for any deduction over $125 (§ 1950.5(g), (h)). A tenant may also request a pre-move-out inspection (§ 1950.5(f)).
A landlord who acts in bad faith in withholding a deposit is liable for statutory damages of up to twice the amount of the deposit, in addition to actual damages (§ 1950.5(m)).
Key Insight
Two recent statutory changes matter for anyone relying on older California landlord-tenant summaries. First, AB 12 lowered the standard security deposit cap from two months' rent (unfurnished) or three months' rent (furnished) to one month's rent, effective July 1, 2024, with a narrow exception for small landlords (Cal. Civ. Code § 1950.5(c)). Second, SB 611 changed how the three-day notice period is counted for nonpayment-of-rent and curable lease-violation notices: Saturdays, Sundays, and judicial holidays are now excluded from the count, operative February 1, 2025 (Cal. Code Civ. Proc. § 1161(2), (3)), which can meaningfully lengthen the practical notice period compared to the old calendar-day count.
Rent, Rent Increases, and Rental Agreement Terms
California has no statewide cap on rent for most newer or exempt housing, but the Tenant Protection Act of 2019 (AB 1482) caps annual rent increases for covered units at 5% plus the change in the regional Consumer Price Index, or 10%, whichever is lower, with no more than two increases in any 12-month period (Cal. Civ. Code § 1947.12(a)).
Housing issued a certificate of occupancy within the previous 15 years, and most single-family homes and condominiums not owned by a real estate investment trust, a corporation, or an LLC with a corporate member, are exempt from the cap — but only if the landlord gives the tenant the specific written exemption notice the statute requires (§ 1947.12(d)(5)).
Separately, whether or not a tenancy is covered by the rent cap, a landlord raising rent on a periodic tenancy must give at least 30 days' written notice for an increase of 10% or less, and at least 90 days' notice for a larger increase, in any 12-month period (Cal. Civ. Code § 827(b)).
When Can a Landlord Enter the Rental Unit?
A landlord may enter a rental unit only for specific reasons: in an emergency; to make agreed or necessary repairs or improvements, supply agreed services, or show the unit to a prospective tenant, purchaser, worker, or contractor; when the tenant has abandoned or surrendered the unit; or under a court order (Cal. Civ. Code § 1954(a)).
Outside an emergency or abandonment, the landlord must give the tenant reasonable written notice of the date, approximate time, and purpose of entry, and may enter only during normal business hours unless the tenant consents otherwise. Twenty-four hours' notice is presumed reasonable (§ 1954(b)–(d)).
Landlord and Tenant Duties Under California Law
Under the implied warranty of habitability, a landlord must keep a rental unit "tenantable," meaning it must not substantially lack: effective weatherproofing of the roof and exterior walls; plumbing and gas facilities in good working order; hot and cold running water connected to an approved sewage system; working heating facilities; and the other conditions the statute lists (Cal. Civ. Code § 1941.1; see also § 1941).
If a landlord fails to make a repair that affects habitability within a reasonable time after written notice, the tenant may, subject to statutory limits, repair the defect and deduct the cost from rent, up to twice in any 12-month period (Cal. Civ. Code § 1942).
Definition
Unlawful detainer is the summary court lawsuit a California landlord must file in superior court to legally remove a tenant who has not complied with a valid notice to pay rent, cure a lease violation, or vacate. It is the only lawful path to possession — self-help methods like changing locks or shutting off utilities are prohibited even when the tenant plainly owes rent (Cal. Civ. Code § 789.3) — and it is distinct from adverse possession, the separate doctrine under which a long-term occupant can eventually claim title to land (Cal. Code Civ. Proc. § 325).
Renters' Rights and Protection From Retaliation
A landlord may not retaliate against a tenant — by raising rent, cutting services, or trying to evict — within 180 days after the tenant, in good faith, complains about habitability to the landlord or a government agency, or otherwise exercises rights under this chapter of the Civil Code, as long as the tenant is current on rent. A tenant may not invoke this presumption more than once in any 12-month period (Cal. Civ. Code § 1942.5(a), (b)).
Reporting or threatening to report a tenant, or someone associated with the tenant, to immigration authorities is itself a form of prohibited retaliatory conduct (§ 1942.5(c)).
California Eviction Laws
For nonpayment of rent, the landlord must serve a written notice stating the amount owed and how and where to pay it, giving the tenant three days — not counting Saturdays, Sundays, or judicial holidays — to pay or move out before an unlawful detainer lawsuit may be filed (Cal. Code Civ. Proc. § 1161(2)).
For a curable breach of a lease term other than rent, the landlord must give the same three-business-day notice to perform the condition or vacate; if the violation cannot be cured, no opportunity to cure need be given (§ 1161(3)).
For waste, nuisance, an unauthorized assignment or sublease, or using the unit for an unlawful purpose, the landlord may serve a three-day notice to quit without an opportunity to cure (§ 1161(4)).
After a tenant has continuously and lawfully occupied a unit for 12 months, the Tenant Protection Act generally requires the landlord to have a "just cause," stated in the written notice, to end the tenancy — either an at-fault reason such as nonpayment or a lease breach, or a no-fault reason such as an owner move-in or substantial remodel, most of which require the landlord to pay the tenant one month's rent in relocation assistance or waive the final month's rent (Cal. Civ. Code § 1946.2). Many single-family homes, condominiums, and newer construction are exempt from this requirement if the landlord gives the required written exemption notice.
To end a periodic tenancy without a lease violation where just-cause protection does not apply, an owner must give at least 60 days' written notice if the tenant has occupied the unit for a year or more, or 30 days' notice if less than a year (Cal. Civ. Code § 1946.1(b), (c)).
Self-help eviction is illegal at every stage of this process. A landlord may not lock a tenant out, remove the tenant's belongings, or shut off utilities to force a tenant out; a landlord who does so is liable for the tenant's actual damages plus a minimum of $100 per day of the violation (Cal. Civ. Code § 789.3).
If the tenant does not comply with a notice, the landlord's only lawful recourse is to file an unlawful detainer lawsuit in the superior court for the county where the property is located; only a sheriff or marshal may physically remove a tenant, and only after the landlord wins the case and obtains a writ of possession.
Squatters and Adverse Possession
California does not have a fast-track affidavit process for removing squatters like some other states. A person occupying property without the owner's permission and without any tenancy can generally be removed through an unlawful detainer action or, where no tenancy ever existed, through a criminal trespass complaint or a civil ejectment action; self-help removal is not permitted even against a squatter.
A squatter can acquire legal title only through adverse possession, which in California requires five years of continuous, open, and hostile possession of land that is protected by a substantial enclosure or usually cultivated or improved, and — uniquely among most states — timely payment of all state, county, and municipal property taxes assessed on the land for that entire five-year period, proven by certified county tax-collector records (Cal. Code Civ. Proc. § 325).
Where to Get Help
Key Takeaways
- Security deposits are capped at one month's rent for most landlords as of July 1, 2024, with a narrow exception for small landlords (Cal. Civ. Code § 1950.5(c)).
- Deposits (or an itemized accounting of deductions) must be returned within 21 days of move-out, and bad-faith withholding can cost a landlord up to double the deposit (§ 1950.5(g), (m)).
- A landlord must give at least 24 hours' notice before entering a unit for non-emergency purposes (§ 1954).
- For nonpayment of rent or most lease violations, the landlord must give a written notice with at least three days (excluding weekends and judicial holidays) before filing to evict (Cal. Code Civ. Proc. § 1161(2), (3)).
- After 12 months of continuous tenancy, the Tenant Protection Act of 2019 generally requires a stated just cause to end a tenancy and caps most rent increases at 5% plus regional CPI or 10%, whichever is lower (Cal. Civ. Code §§ 1946.2, 1947.12).
- Self-help eviction is illegal; only a court judgment and a sheriff- or marshal-executed writ of possession can lawfully remove a tenant (§ 789.3).
Frequently Asked Questions
How much can a California landlord charge for a security deposit?
Since July 1, 2024, a California landlord generally cannot demand or receive a security deposit worth more than one month's rent, on top of the first month's rent (Cal. Civ. Code § 1950.5(c)(1)). A narrow exception lets a landlord who is a natural person (or an LLC whose only members are natural persons) and who owns no more than two rental properties totaling four units charge up to two months' rent, unless the tenant is a service member (§ 1950.5(c)(5)).
How much notice does a California landlord need to give to raise the rent?
A landlord must give at least 30 days' written notice for a rent increase of 10% or less, and at least 90 days' notice for a larger increase, in any 12-month period (Cal. Civ. Code § 827(b)). For units covered by the Tenant Protection Act of 2019, the increase itself is also capped at 5% plus the regional change in the cost of living, or 10%, whichever is lower, with no more than two increases in any 12-month period (Cal. Civ. Code § 1947.12(a)).
Does California require 'just cause' to evict a tenant?
For most tenants who have continuously and lawfully occupied a unit for 12 months or more, the Tenant Protection Act of 2019 requires the landlord to state a "just cause" — either an at-fault reason, such as nonpayment of rent or a lease violation, or a no-fault reason, such as an owner move-in or substantial remodel — in the written notice ending the tenancy (Cal. Civ. Code § 1946.2). Many no-fault terminations also require the landlord to pay the tenant one month's rent in relocation assistance or waive the final month's rent. Some properties, including many single-family homes and newer construction, are exempt if the landlord gives the required written exemption notice.
How much notice must a landlord give before evicting for unpaid rent?
For nonpayment of rent, a California landlord must serve a written notice stating the amount owed and giving the tenant three days — not counting Saturdays, Sundays, or judicial holidays — to pay the rent or move out before the landlord can file an unlawful detainer lawsuit (Cal. Code Civ. Proc. § 1161(2)).
Can a California landlord change the locks or shut off utilities to evict a tenant?
No. Self-help eviction is illegal in California at every stage of the eviction process. A landlord may not lock a tenant out, remove the tenant's belongings, or shut off utilities such as water, gas, or electricity to force a tenant to leave. A landlord who does so is liable for the tenant's actual damages plus a minimum of $100 for each day of the violation (Cal. Civ. Code § 789.3). Only a sheriff or marshal may physically remove a tenant, and only after the landlord wins an unlawful detainer lawsuit and obtains a writ of possession.
Can a squatter gain ownership of property in California?
Only through adverse possession, and it is difficult to establish. A claimant must show five years of continuous, open, and hostile possession of land that is enclosed or cultivated/improved, and — uniquely among most states — must prove timely payment of all state, county, and municipal property taxes assessed on the land for that entire five-year period, using certified county tax-collector records (Cal. Code Civ. Proc. § 325). Absent that, a squatter has no ownership claim and can generally be removed through an unlawful detainer action, a criminal trespass complaint, or a civil ejectment action.
This article is provided by PayRent for general informational purposes and is not legal advice. California laws — and local rent control and just-cause ordinances — change, and how they apply can depend on your specific circumstances and city; always confirm current requirements with the official California Codes, your local rent board, or a licensed attorney before acting. Learn more about how PayRent helps landlords track rent, security deposits, and lease compliance at payrent.com.
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