Landlord Rules in California: Renting Out Property (2026)
Reviewed by DocDraft Legal Team · California · Last updated 2026-05-18
If you are renting out a unit in California, the rules that govern you are California rules. The two most-asked questions on every California landlord page are deposit timing (21 calendar days after the tenant has vacated; landlord must furnish itemized statement.) and entry timing (24 hours is presumed reasonable; written notice required; entry permitted only during.). This guide answers those and the rest of the California-specific obligations in order.
Key Considerations
Before a California landlord collects the first rent check, two compliance items dominate. The first is registration or licensing: No statewide landlord registration. City-level overlay: many California cities (e.g. Los Angeles RSO, Oakland, Berkeley, San Francisco, Santa Monica) operate rental registry or business-tax registration programs. The second is the security deposit ceiling and refund clock. One month's rent (post-AB 12, effective July 1, 2024); small-landlord exception permits up to two months' rent for landlords owning no more than two properties with a combined maximum of four units The refund deadline is 21 calendar days after the tenant has vacated; landlord must furnish itemized statement and return remaining security
Inside the tenancy, two notice rules govern access and exit. Entry to the unit requires advance notice: 24 hours is presumed reasonable; written notice required; entry permitted only during normal business hours unless tenant consents otherwise or emergency Ending a month-to-month tenancy requires a different notice: Landlord must give 60 days' notice if tenant has resided 1 year or more; 30 days if tenant has resided less than 1 year (Cal. Civ. Code § 1946.1). Tenant terminating month-to-month: 30 days (Cal. Civ. Code § 1946)
If cause to terminate arises, California channels the dispute through a specific court track. The landlord gives the tenant a written notice. It says what the tenant must do and the deadline to do it. If the tenant doesn't do what the notice says by the deadline, the landlord can start a court case. This is called an unlawful detainer case, and it's how a landlord legally evicts a tenant. The landlord must have someone give the court papers to the tenant. This is called service. The tenant has a deadline to respond to the court case. If the tenant doesn't respond, the landlord can ask the judge to decide the case without the tenant. If the tenant does respond, either side can ask for a trial if they want one. The judge makes a decision. If the landlord wins, the judge gives them a paper (called a Writ of Possession) that tells the sheriff to evict the tenant. The sheriff posts a Notice to Vacate. This gives the tenant a few days to move out. Discrimination claims travel a different pipeline. Tenants file
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Relevant Documents
For a California tenancy, the document set runs from the lease (with California disclosures embedded) to the entry-notice template, the deposit-itemization form, and the statutory eviction notice that California law requires before any court filing.
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
California Civil Code Section 1940-1954.05 (Landlord-Tenant Law)
This is the primary body of law governing residential tenancies in California. It covers essential aspects of the landlord-tenant relationship including security deposits, rental agreements, landlord entry rights, and tenant rights. As a landlord in California, you must comply with these regulations which limit security deposits to two months' rent for unfurnished units (three months for furnished), require proper notice for entry (typically 24 hours), and mandate specific procedures for ending tenancies.
California Fair Employment and Housing Act (FEHA)
This law prohibits discrimination in housing based on protected characteristics including race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, marital status, source of income, and more. As a landlord, you must ensure your tenant screening process, rental terms, and property management practices do not discriminate against protected classes. Violations can result in significant penalties and lawsuits.
California Rent Control Laws (AB 1482)
The Tenant Protection Act of 2019 (AB 1482) established statewide rent control and just cause eviction requirements. This law caps annual rent increases at 5% plus inflation (maximum 10%) for most residential properties older than 15 years. It also requires landlords to have a valid reason to terminate a tenancy after a tenant has occupied the unit for 12 months. As a landlord, you need to determine if your property is covered by this law or local rent control ordinances which may be more restrictive.
California Security Deposit Law (Civil Code 1950.5)
This law regulates how security deposits must be handled, including maximum amounts, allowable deductions, and return timelines. As a landlord, you must return deposits within 21 days after the tenant moves out, provide an itemized statement of deductions, and can only deduct for unpaid rent, damages beyond normal wear and tear, and cleaning to restore the unit to its initial condition. Failure to comply can result in penalties of up to twice the deposit amount.
California Implied Warranty of Habitability
California law requires all rental units to be habitable and meet certain minimum standards for health and safety. This includes functioning plumbing and heating, weatherproofing, secure doors and windows, and proper maintenance of common areas. As a landlord, you must promptly address repair requests that affect habitability. Tenants may have legal remedies including rent withholding or repair-and-deduct if habitability issues are not addressed.
Local Rent Control and Eviction Protection Ordinances
Many California cities have their own rent control and just cause eviction ordinances that may be more restrictive than state law. Cities with strong local ordinances include San Francisco, Los Angeles, Oakland, Berkeley, and Santa Monica. As a landlord, you must research and comply with any local regulations in your specific city or county, as these can significantly impact your ability to increase rent or end tenancies.
Regional Variances
Bay Area
San Francisco has some of the strictest rent control and tenant protection laws in California. Landlords must register rental units with the Rent Board, and rent increases are limited to a set percentage annually. The city also has 'just cause' eviction requirements, meaning landlords can only evict for specific reasons listed in the ordinance. Additionally, San Francisco has strict rules regarding owner move-in evictions and Ellis Act evictions. Short-term rentals (like Airbnb) require registration and are limited to 90 days per year when the host is not present.
Oakland has rent control for buildings built before 1983 and requires 'just cause' for evictions. The city has a Rent Adjustment Program that handles disputes between landlords and tenants. Oakland also has a Tenant Protection Ordinance that prohibits various forms of harassment by landlords. In 2020, Oakland passed the Fair Chance Housing Ordinance, which prohibits landlords from asking about criminal history on rental applications.
Berkeley has comprehensive rent control and eviction protections. The Rent Stabilization Board oversees rent increases, which are tied to the Consumer Price Index. Berkeley requires good cause for evictions and has strict regulations on security deposits, including interest payments. The city also has a Tenant Buyout Ordinance that regulates how landlords can offer money to tenants to vacate units.
Southern California
Los Angeles has rent control for buildings built before October 1978 through its Rent Stabilization Ordinance (RSO). The RSO limits annual rent increases and requires just cause for evictions. LA also has specific requirements for tenant relocation assistance when properties are removed from the rental market. The city has implemented a Rental Registry Program requiring landlords to register their rental units annually. In 2019, LA enacted the 'Home-Sharing Ordinance' regulating short-term rentals.
Santa Monica has strong rent control laws covering most properties built before 1979. The city requires just cause for evictions and has strict regulations on short-term rentals. Santa Monica also has a tenant harassment ordinance that prohibits landlords from forcing tenants to vacate through coercive means. The city requires landlords to provide relocation assistance for no-fault evictions, with amounts that are typically higher than in other jurisdictions.
San Diego does not have comprehensive rent control, but it does have the Tenants' Right to Know Ordinance, which requires landlords to provide specific reasons for terminating month-to-month tenancies. In 2019, San Diego implemented regulations on short-term vacation rentals. The city also has a requirement that landlords provide information about mold to tenants and has specific rules regarding security deposits.
Central California
Sacramento implemented a Tenant Protection Ordinance in 2019 that caps annual rent increases at 10% and requires just cause for evictions for properties built before February 1, 1995. The city has specific disclosure requirements regarding flood risks for rental properties in certain zones. Sacramento also has a Rental Housing Inspection Program that requires regular inspections of rental properties to ensure they meet health and safety standards.
Fresno has fewer local rental regulations compared to coastal cities. The city follows state law for most landlord-tenant matters. Fresno does have a Rental Housing Improvement Act that created a rental registry and inspection program for units in specific areas of the city to address substandard housing conditions. Landlords in Fresno must also comply with specific local ordinances regarding property maintenance and nuisance abatement.
Statewide Considerations
The California Tenant Protection Act of 2019 (AB 1482) established statewide rent control and just cause eviction requirements for most residential properties over 15 years old. This law caps annual rent increases at 5% plus inflation (maximum 10%) and requires just cause for evictions after a tenant has occupied a unit for 12 months. California also has specific requirements for security deposits (maximum of two months' rent for unfurnished units), detailed habitability standards, and mandatory disclosures including lead-based paint, mold, and bed bugs. The COVID-19 pandemic led to various temporary eviction moratoriums and protections, some of which may still have lingering effects in certain jurisdictions.
Suggested Compliance Checklist
Check rental-registration and licensing obligations
Before listing days after startingNo statewide landlord registration. City-level overlay: many California cities (e.g. Los Angeles RSO, Oakland, Berkeley, San Francisco, Santa Monica) operate rental registry or business-tax registration programs.
Cap the security deposit at the statutory limit and document how it is held
Before signing days after startingOne month's rent (post-AB 12, effective July 1, 2024); small-landlord exception permits up to two months' rent for landlords owning no more than two properties with a combined maximum of four units
Provide the statutorily required disclosures before the tenant signs
At lease signing days after startingMegan's Law Database Disclosure
Honor the entry-notice rule for every non-emergency visit
Ongoing days after starting24 hours is presumed reasonable; written notice required; entry permitted only during normal business hours unless tenant consents otherwise or emergency
Give the legally required notice before ending a month-to-month
As needed days after startingLandlord must give 60 days' notice if tenant has resided 1 year or more; 30 days if tenant has resided less than 1 year (Cal. Civ. Code § 1946.1). Tenant terminating month-to-month: 30 days (Cal. Civ. Code § 1946)
Route any eviction through the required pre-suit notice and court filing
At move-out days after startingThe landlord gives the tenant a written notice. It says what the tenant must do and the deadline to do it. If the tenant doesn't do what the notice says by the deadline, the landlord can start a court case. This is called an unlawful detainer case, and it's how a landlord legally evicts a tenant. The landlord must have someone give the court papers to the tenant. This is called service. The tenant has a deadline to respond to the court case. If the tenant doesn't respond, the landlord can ask the judge to decide the case without the tenant. If the tenant does respond, either side can ask for a trial if they want one. The judge makes a decision. If the landlord wins, the judge gives them a paper (called a Writ of Possession) that tells the sheriff to evict the tenant. The sheriff posts a Notice to Vacate. This gives the tenant a few days to move out.
Close out the deposit after surrender within the statutory clock
If eviction needed days after starting21 calendar days after the tenant has vacated; landlord must furnish itemized statement and return remaining security
Audit advertising, screening criteria, and adverse decisions for fair-housing exposure
Ongoing days after startingComplaints route
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Check rental-registration and licensing obligations | No statewide landlord registration. City-level overlay: many California cities (e.g. Los Angeles RSO, Oakland, Berkeley, San Francisco, Santa Monica) operate rental registry or business-tax registration programs. | - | Before listing |
| Cap the security deposit at the statutory limit and document how it is held | One month's rent (post-AB 12, effective July 1, 2024); small-landlord exception permits up to two months' rent for landlords owning no more than two properties with a combined maximum of four units | - | Before signing |
| Provide the statutorily required disclosures before the tenant signs | Megan's Law Database Disclosure | - | At lease signing |
| Honor the entry-notice rule for every non-emergency visit | 24 hours is presumed reasonable; written notice required; entry permitted only during normal business hours unless tenant consents otherwise or emergency | - | Ongoing |
| Give the legally required notice before ending a month-to-month | Landlord must give 60 days' notice if tenant has resided 1 year or more; 30 days if tenant has resided less than 1 year (Cal. Civ. Code § 1946.1). Tenant terminating month-to-month: 30 days (Cal. Civ. Code § 1946) | - | As needed |
| Route any eviction through the required pre-suit notice and court filing | The landlord gives the tenant a written notice. It says what the tenant must do and the deadline to do it. If the tenant doesn't do what the notice says by the deadline, the landlord can start a court case. This is called an unlawful detainer case, and it's how a landlord legally evicts a tenant. The landlord must have someone give the court papers to the tenant. This is called service. The tenant has a deadline to respond to the court case. If the tenant doesn't respond, the landlord can ask the judge to decide the case without the tenant. If the tenant does respond, either side can ask for a trial if they want one. The judge makes a decision. If the landlord wins, the judge gives them a paper (called a Writ of Possession) that tells the sheriff to evict the tenant. The sheriff posts a Notice to Vacate. This gives the tenant a few days to move out. | - | At move-out |
| Close out the deposit after surrender within the statutory clock | 21 calendar days after the tenant has vacated; landlord must furnish itemized statement and return remaining security | - | If eviction needed |
| Audit advertising, screening criteria, and adverse decisions for fair-housing exposure | Complaints route | - | Ongoing |
Frequently Asked Questions
24 hours is presumed reasonable; written notice required; entry permitted only during normal business hours unless tenant consents otherwise or emergency.
The landlord gives the tenant a written notice. It says what the tenant must do and the deadline to do it. If the tenant doesn't do what the notice says by the deadline, the landlord can start a court case. This is called an unlawful detainer case, and it's how a landlord legally evicts a tenant. The landlord must have someone give the court papers to the tenant. This is called service. The tenant has a deadline to respond to the court case. If the tenant doesn't respond, the landlord can ask the judge to decide the case without the tenant. If the tenant does respond, either side can ask for a trial if they want one. The judge makes a decision. If the landlord wins, the judge gives them a paper (called a Writ of Possession) that tells the sheriff to evict the tenant. The sheriff posts a Notice to Vacate. This gives the tenant a few days to move out.
21 calendar days after the tenant has vacated; landlord must furnish itemized statement and return remaining security.
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