Renting a New Property in California: A Tenant's Guide
California offers robust tenant protections through laws like the California Tenant Protection Act and local rent control ordinances. As a new tenant in California, you have specific rights regarding security deposits, habitability standards, privacy, and protection against discrimination and unlawful evictions.
California law limits security deposits to two months' rent for unfurnished units and requires landlords to provide itemized statements when returning deposits. Understanding your rights and responsibilities before signing a lease can prevent future disputes and ensure legal compliance.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Laws
California Civil Code Section 1950.5 - Security Deposits
Regulates how landlords can collect, use, and return security deposits. In California, a security deposit cannot exceed two months' rent for unfurnished units or three months' rent for furnished units. Landlords must provide an itemized statement of deductions and return any remaining deposit within 21 days after the tenant moves out.
California Civil Code Section 1940-1954.05 - Rental Housing
Establishes the basic rights and responsibilities of landlords and tenants in California, including proper notice requirements for entering rental property (24-hour written notice in most cases), maintenance responsibilities, and eviction procedures.
California Tenant Protection Act (AB 1482)
Enacted in 2019, this law caps annual rent increases at 5% plus inflation (up to a maximum of 10%) for most residential properties and requires 'just cause' for evictions for tenants who have occupied a unit for at least 12 months. This provides significant protections against arbitrary rent hikes and evictions.
California Civil Code Section 1942.5 - Protection Against Retaliation
Prohibits landlords from retaliating against tenants who exercise their legal rights, such as requesting repairs or reporting code violations. This law protects tenants from eviction, rent increases, or reduction of services as retaliation for asserting their rights.
California Civil Code Section 1941.1 - Implied Warranty of Habitability
Requires landlords to maintain rental properties in a condition that meets basic health and safety standards. This includes providing functioning plumbing, heating, electrical systems, and keeping the premises free from vermin and other hazards. Tenants have remedies if these standards aren't met.
Regional Variances
Bay Area
San Francisco has some of the strongest tenant protections in California. The city has strict rent control ordinances that limit annual rent increases for buildings constructed before June 1979. San Francisco also has 'just cause' eviction protections, meaning landlords can only evict for specific reasons listed in the ordinance. Additionally, the city requires landlords to pay substantial relocation payments for certain no-fault evictions, including owner move-ins and Ellis Act evictions.
Oakland has rent control for buildings built before 1983 and just cause eviction protections for most rental units regardless of age. The city requires landlords to petition for rent increases above the annual CPI adjustment. Oakland also has a Tenant Protection Ordinance that prohibits various forms of harassment by landlords and a Rent Adjustment Program to resolve disputes.
Berkeley has strict rent control and eviction protections. The Rent Stabilization Board oversees rent increases, which are tied to the CPI. Berkeley requires good cause for evictions and has additional tenant protections including relocation assistance for no-fault evictions. Security deposits are capped at two months' rent for unfurnished units.
Southern California
Los Angeles has rent stabilization for buildings built before October 1978. The RSO limits annual rent increases and requires just cause for evictions. LA also has tenant anti-harassment ordinances and requires relocation assistance for no-fault evictions. The city has implemented a COVID-19 eviction moratorium with longer-lasting protections than the state law.
Santa Monica has comprehensive rent control laws that apply to most multi-unit buildings built before 1979. The city has a Rent Control Board that sets maximum allowable rent increases annually. Santa Monica requires just cause for evictions and mandates relocation fees for no-fault evictions that can exceed $15,000 depending on unit size and tenant circumstances.
San Diego has more limited tenant protections compared to other major California cities. While it doesn't have traditional rent control, it does have a Tenant Protection Ordinance that requires landlords to provide specific reasons for terminating month-to-month tenancies. The city also has a just cause eviction ordinance for tenants who have lived in a property for more than two years.
Central California
Sacramento implemented a Tenant Protection Program in 2019 that caps annual rent increases at 5% plus CPI (not to exceed 10% total) for buildings built before February 1995. The city also requires just cause for evictions for tenants who have resided in a unit for more than 12 months. These protections complement the statewide AB 1482 rent cap law.
Fresno has fewer local tenant protections and generally follows state law. There is no city-specific rent control, so tenants rely on the statewide AB 1482 protections that cap annual rent increases at 5% plus CPI (not to exceed 10%) for buildings older than 15 years. Fresno does have a Rental Housing Code that establishes minimum standards for rental properties.
Non-Urban Counties
Many rural California counties have minimal local tenant protections beyond state law. In these areas, tenants primarily rely on California state laws like AB 1482 (the Tenant Protection Act), which provides rent caps and just cause eviction requirements for properties older than 15 years. Security deposit limits, notice requirements, and habitability standards are governed by state law rather than local ordinances.
Frequently Asked Questions
As a tenant in California, you have several important rights, including: the right to habitable housing (with working plumbing, heating, electricity, and free from pests); protection against unlawful discrimination; the right to privacy (landlords must generally give 24-hour written notice before entering); protection against retaliation for exercising your legal rights; and specific eviction protections requiring proper notice and legal procedures. California has some of the strongest tenant protection laws in the country, including rent control in many cities.
In California, landlords can charge a maximum of two months' rent for unfurnished rentals or three months' rent for furnished rentals as a security deposit. If you have a waterbed, they may add an additional half-month's rent. This limit applies to the total of all deposits, regardless of what they're called (security deposit, last month's rent, cleaning fee, etc.). The landlord must return your deposit within 21 days after you move out, less any deductions for unpaid rent, cleaning, or repairs beyond normal wear and tear.
California has statewide rent control under the Tenant Protection Act of 2019. For properties built more than 15 years ago (with some exceptions), landlords cannot increase rent more than 5% plus the regional Consumer Price Index (CPI) percentage, or 10% total, whichever is lower, in a 12-month period. Many cities have additional, stricter rent control ordinances. Landlords must provide proper written notice before increasing rent: 30 days' notice for increases less than 10%, and 90 days' notice for increases over 10% (where legally permitted).
To maximize your chances of getting your full security deposit back: (1) Give proper written notice before moving out; (2) Clean the rental thoroughly; (3) Request a pre-move-out inspection where the landlord must identify potential deductions; (4) Document the condition with photos/videos; (5) Return all keys and provide a forwarding address. Landlords must return deposits within 21 days, with an itemized statement of any deductions. If they fail to do so or make improper deductions, you can sue in small claims court for the deposit plus potentially twice the amount as a penalty if the landlord acted in 'bad faith.'
California landlords must maintain rental properties in a habitable condition, which includes: waterproofing/weather protection; functioning plumbing, gas, heating, and electrical systems; clean and sanitary buildings and grounds; adequate trash receptacles; floors, stairways, and railings in good repair; and working smoke and carbon monoxide detectors. If essential repairs are needed, notify your landlord in writing and keep a copy. If they fail to make repairs in a reasonable time, you may have options including repair-and-deduct (limited to one month's rent), withholding rent (risky without legal advice), or filing a complaint with local housing authorities.
No. In California, landlords must respect tenants' right to privacy. They can only enter your rental unit for specific legal reasons, such as: making necessary repairs; showing the property to prospective tenants, buyers, or lenders; when you've abandoned the property; or in an emergency. Except in emergencies, landlords must provide reasonable written notice (usually 24 hours) before entering, and can only enter during normal business hours. If your landlord repeatedly violates these rules, you may have grounds for legal action for harassment.
If you need to break your lease early in California, you have several options: (1) Find a replacement tenant (landlords must make reasonable efforts to re-rent); (2) Negotiate with your landlord for an early termination; (3) Check if your lease has an early termination clause; (4) Determine if you qualify for legal exceptions (military deployment, uninhabitable conditions, landlord harassment, domestic violence situations). Without a legal justification, you may be liable for rent until the unit is re-rented or the lease ends, though landlords have a duty to mitigate damages by trying to find a new tenant.
Eviction in California (called 'unlawful detainer') is a specific legal process. Landlords must first serve proper written notice (3-day, 30-day, 60-day, or 90-day, depending on the situation). If you don't comply with the notice, the landlord must file a lawsuit and have you properly served. You have 5 court days to respond. If you don't respond or lose in court, the sheriff can remove you. California has significant eviction protections, including just cause requirements in many situations, and various local ordinances may provide additional protections. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal.
Yes. California has statewide rent control under the Tenant Protection Act (AB 1482), which limits annual rent increases to 5% plus the regional Consumer Price Index (CPI), not exceeding 10% total, for properties built more than 15 years ago (with exceptions for single-family homes not owned by corporations and some newer buildings). Additionally, many California cities have their own stricter rent control ordinances, including Los Angeles, San Francisco, Oakland, Berkeley, and Santa Monica. These local ordinances may have different rent increase limits, just-cause eviction requirements, and other tenant protections that go beyond state law.
If you believe your landlord is discriminating against you based on a protected characteristic (race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, marital status, source of income, etc.), document all incidents and communications. You can file a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of the discrimination, or with HUD within one year, or file a lawsuit within two years. You may be entitled to damages, attorney's fees, and injunctive relief. California's fair housing laws are broader than federal protections and cover most housing situations.