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California landlord-tenant law.

Updated August 2026. Statewide Tenant Protection Act (AB 1482, Civ. Code §§ 1946.2 and 1947.12) caps annual rent increases at 5% plus local CPI, up to a 10% absolute max, and requires just cause to terminate after 12 months of tenancy on covered units; many cities (Los Angeles, San Francisco, Oakland, Santa Monica, Berkeley, and others) layer stricter local rent control and just cause ordinances on top, so the local ordinance must always be checked in addition to state law.

Deposit limit

1 month's rent max for most landlords, furnished or unfurnished (Cal. Civ. Code § 1950.5, as amended by AB 12, eff. July 1, 2024); a narrow exception lets small landlords (no more than 2 rental properties totaling 4 or fewer units) charge up to 2 months' rent, but never for active duty service member tenants.

Deposit return

Itemized statement and refund due no later than 21 calendar days after the tenant vacates; supporting documentation is required for any single deduction over $125 (Cal. Civ. Code § 1950.5(e)-(g)).

Notice to pay

3 day notice to pay rent or quit required before an unlawful detainer action; the count excludes the day of service, weekends, and judicial holidays (Cal. Code Civ. Proc. § 1161(2)).

Landlord entry

24 hours' written notice is presumed reasonable for non-emergency entry, or notice mailed at least 6 days in advance; shorter or oral notice is allowed for agreed repairs or certain sale showings, and no notice is required for emergencies, abandonment, or tenant consent at the time of entry (Cal. Civ. Code § 1954).

Security deposits

Deposit limit. 1 month's rent max for most landlords, furnished or unfurnished (Cal. Civ. Code § 1950.5, as amended by AB 12, eff. July 1, 2024); a narrow exception lets small landlords (no more than 2 rental properties totaling 4 or fewer units) charge up to 2 months' rent, but never for active duty service member tenants.

Getting it back. Itemized statement and refund due no later than 21 calendar days after the tenant vacates; supporting documentation is required for any single deduction over $125 (Cal. Civ. Code § 1950.5(e)-(g)).

Late fees and rent

No statutory percentage cap or mandatory grace period; a late fee is treated as a liquidated damages clause and is void unless the landlord can show it was a reasonable pre-estimate of actual harm (lost interest and administrative cost), not a penalty (Cal. Civ. Code § 1671(d)).

Ending a tenancy

Nonpayment of rent. 3 day notice to pay rent or quit required before an unlawful detainer action; the count excludes the day of service, weekends, and judicial holidays (Cal. Code Civ. Proc. § 1161(2)).

Month-to-month termination. 60 days' notice if the tenant has resided 1 year or more, 30 days if less than 1 year (Cal. Civ. Code § 1946.1); for units covered by AB 1482, once the tenancy passes 12 months the landlord must also state a qualifying just cause reason (Civ. Code § 1946.2).

Landlord entry

24 hours' written notice is presumed reasonable for non-emergency entry, or notice mailed at least 6 days in advance; shorter or oral notice is allowed for agreed repairs or certain sale showings, and no notice is required for emergencies, abandonment, or tenant consent at the time of entry (Cal. Civ. Code § 1954).

Required disclosures

  • Federal lead-based paint disclosure and EPA pamphlet for units built before 1978 (42 U.S.C. § 4852d)
  • Megan's Law sex offender database notice (Cal. Civ. Code § 2079.10a)
  • Known mold disclosure when mold is present above permissible exposure limits or poses a health risk (Cal. Health and Safety Code § 26147)
  • Bed bug information notice, in at least 10 point type, covering identification and reporting (Cal. Civ. Code § 1954.603)
  • Tenant Protection Act (AB 1482) status notice: covered units must state their coverage in the lease, and exempt single family homes or condos must include the specific statutory exemption language (Cal. Civ. Code §§ 1946.2(e)(8), 1947.12(g))

Lease clauses that do not hold up

  • Waiver of tenant rights under the security deposit (1950.5) or entry notice (1954) statutes (Cal. Civ. Code § 1953(a)(1))
  • Waiver of the right to sue the landlord for future negligence or failure to maintain habitable premises (Cal. Civ. Code § 1953(a)(4)-(5))
  • Waiver of AB 1482 just cause eviction or rent cap protections for a covered tenancy (Cal. Civ. Code §§ 1946.2(g), 1947.12(h))
  • Late fee or liquidated damages clauses not tied to a reasonable estimate of actual harm (Cal. Civ. Code § 1671(d))

Notes for landlords

AB 1482 coverage depends on building age on a rolling basis (a certificate of occupancy issued within the last 15 years is exempt) and on ownership type, so exemption status should be rechecked periodically, not just at move in. Because local rent control ordinances can be stricter than AB 1482 and can also apply to properties AB 1482 exempts, the property's city must be checked separately for every California unit. Late fees carry real litigation risk in California because there is no safe harbor percentage in the statute itself, only a reasonableness test.

Sources

This guide is general legal information for landlords, not legal advice. Statutes change and local ordinances can add stricter rules on top of state law. Confirm any requirement with the current statute or a licensed attorney in your state before acting on it.

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