California Tenant Laws (2026): Your Complete Renter's Guide

Most renters in California have no idea how many protections the law gives them. Seriously. But here’s the thing: California has some of the strongest tenant laws in the entire country. And if you’re renting in California, you need to know what you’re actually entitled to.

This guide breaks down exactly what those laws mean in plain language. No legal jargon. Just the real information that affects your apartment, your money, and your rights as a renter.

What Are Tenant Laws?

Tenant laws are rules that protect renters. They set the limits on what landlords can and cannot do. Think of them like a referee in a game between you and your landlord. They make sure the game stays fair.

These laws cover everything. Your security deposit. How much notice your landlord has to give before raising rent. When you can be evicted. What repairs your landlord has to make. Basically, if it involves your rental home, there’s probably a law about it.

Security Deposits: What Landlords Can Take

Here’s where things get interesting. Your landlord can hold a security deposit, but California law is pretty strict about what they can use it for.

Landlords can only deduct money for actual damage. Not normal wear and tear. There’s a big difference. Normal wear means the stuff that just happens when people live somewhere. A few small marks on the wall. Carpet that’s faded from the sun. Your landlord cannot charge you for that.

Real damage is different. If you punched a hole in the drywall, your landlord can charge you. If you spilled something and stained the carpet, that’s on you. Broken windows, broken appliances you broke, large marks on the walls. Those are legitimate charges.

How Much Can Your Landlord Charge?

In California, the limit is usually one month’s rent for unfurnished apartments. For furnished apartments, it’s two months’ rent. That’s it. Your landlord cannot ask for more than that upfront.

Wait, it gets better. Your landlord has to return your deposit within 21 days. Twenty-one days. If they want to deduct money, they have to itemize everything. They have to show you exactly what they charged you for and how much.

Not sure if a deduction is fair? You can dispute it. If you think your landlord is being dishonest about the damages, you have options. You can file a complaint with your city’s housing department. You can also take your landlord to small claims court. Many renters win these cases.

Rent Increases: The Rules Have Changed

Let’s talk about something that affects your wallet. Rent increases. California law puts limits on how much your landlord can raise your rent each year.

Here’s the basic rule for 2025 and 2026. Your landlord can raise rent by up to the percentage tied to inflation, plus two percent. Right now, that means your rent can go up by roughly 5 to 6 percent per year. The exact number changes each year based on inflation data.

But hold on. There are limits even to that limit. If your building was built before 1995, something called Costa-Hawkins might apply. This law limits rent control in certain situations. Also, some cities in California have their own local rent control laws that are even stricter than state law.

Wondering if your city has rent control? You should definitely check. Call your city’s rent control board. They can tell you exactly what applies to you. This is actually really important. Some cities allow no rent increase at all in certain situations.

Your landlord also has to give you notice before raising rent. Thirty days’ notice minimum. If the increase is 10 percent or more, they need to give you 60 days’ notice. That’s the law.

Eviction: When Your Landlord Can Actually Remove You

This is serious. Let’s be clear about that right from the start. Eviction is complicated, but you need to understand the basics.

Your landlord cannot just kick you out. They need a legal reason. In California, those reasons include: you don’t pay rent, you violate your lease agreement, or you refuse to leave after the lease ends. There are other reasons too, but those are the big ones.

Here’s the important part. Your landlord cannot evict you for the wrong reasons. They cannot evict you for complaining about repairs. They cannot evict you for being part of a tenant organization. They cannot evict you because you called the health department about a problem. These are called “retaliatory evictions,” and they’re illegal in California.

If you get evicted for one of those reasons, you can fight back. Legally. Tell the court that your landlord is retaliating against you. This is actually a really strong defense.

The Eviction Process: What Actually Happens

So your landlord wants to evict you. What’s the actual process? Honestly, this is where it gets technical, but stay with me.

First, your landlord has to give you notice. For unpaid rent, it’s three days’ notice to pay or leave. Three days. Your landlord has to give you that notice in writing. It has to follow very specific rules about how it’s delivered.

If you don’t pay or move, your landlord can file an eviction lawsuit. This is called an unlawful detainer. Then you get a court date. You can show up and defend yourself. You can explain why you shouldn’t be evicted. Maybe you paid the rent but your landlord didn’t get the payment. Maybe you have the money and your landlord will accept it.

The judge decides. If the judge sides with your landlord, you usually get five days to leave. If you don’t leave, a sheriff can physically remove you.

This whole process takes time. At least a few weeks, usually longer. Your landlord cannot just change the locks. They cannot shut off your utilities. They cannot throw your stuff on the street. All of that is illegal self-help eviction, and it can get your landlord in real trouble.

Repairs and Maintenance: Your Landlord Has to Keep Things Working

Here’s something a lot of renters don’t realize. Your landlord is responsible for keeping your apartment in habitable condition. That’s not optional. It’s the law.

Habitable means the place has to have working plumbing, hot water, heat, and electricity. The roof cannot leak. There cannot be severe mold or pest infestations that make it unsafe to live there. Broken windows that let in wind and rain have to be fixed. Your landlord has to maintain the structure so it’s safe.

If something breaks and it affects your health or safety, your landlord has to fix it within a reasonable time. What’s reasonable? Usually a few days. If your heater breaks in January, that’s an emergency. Your landlord needs to fix that fast. If a light bulb burns out, that’s less urgent.

What can you do if your landlord won’t make repairs? You have options. You can call your city’s building inspector. They’ll come out and document the problems. That creates an official record. You can also send your landlord a formal repair request letter. Keep a copy for yourself.

In some situations, you can withhold rent or repair it yourself and deduct the cost from rent. But this gets complicated, and the rules are strict. Before you do this, talk to a tenant rights organization or a lawyer. You want to make sure you’re doing it right.

Notice Requirements: Landlords Have to Tell You What’s Happening

Your landlord cannot just show up whenever they want. California law is pretty protective about this.

Your landlord can enter your apartment for specific reasons. They can enter to show the place to potential new tenants. They can enter to make repairs. They can enter for emergencies like fires or gas leaks. But they need permission. In California, this is really important.

For non-emergency entries, your landlord has to give you at least 24 hours’ notice. Except in rare cases, they cannot just show up. They have to tell you when they’re coming and why. If they violate this rule, you can refuse to let them in.

For notice to end your tenancy, your landlord needs to give you at least 30 days. If they’re increasing rent significantly or changing major lease terms, they might need to give you 60 days. The exact rules depend on your situation, but the point is you get advance warning.

Discrimination: Your Landlord Cannot Treat You Differently

This one’s important. Your landlord cannot discriminate against you. Period. It’s illegal.

California law protects you based on race, color, religion, national origin, sex, gender identity, sexual orientation, marital status, age, and disability. Your landlord cannot refuse to rent to you, charge you more, or treat you worse because of any of these things.

Have a disability? Your landlord has to make reasonable accommodations. Maybe you need a service animal. Maybe you need to install equipment in your apartment. Your landlord legally has to allow these things. They cannot charge you extra.

If you believe your landlord is discriminating against you, you can file a complaint. Call the California Department of Fair Employment and Housing. They investigate these cases. Discrimination is taken seriously, and the penalties for landlords are real.

Special Rules for No-Fault Evictions

Here’s where California gets really protective. The state limits something called no-fault evictions. That’s when a landlord evicts you without saying you did anything wrong.

Your landlord cannot give you a no-fault eviction notice unless they have a qualifying reason. They want to demolish the building. They want to move into the unit themselves. They want to remove the unit from the rental market. Those are examples.

Even if they have a qualifying reason, they have to follow strict rules. They need to give you 60 days’ notice. They might owe you relocation assistance money, depending on the city. Some cities require the landlord to pay you money to help you move. This is getting more common.

Also, your landlord cannot do a no-fault eviction just to get you out and raise the rent with new tenants. That’s called “eviction for economic reasons,” and while it’s technically legal, there are limits on how often it can happen and strict notice requirements apply.

Retaliation Protection: Your Rights Are Protected

This is a big one. Your landlord cannot punish you for standing up for your rights.

If you report housing code violations to the government, your landlord cannot retaliate. If you organize with other tenants, your landlord cannot retaliate. If you complain about repairs, your landlord cannot retaliate. If you attempt to enforce your legal rights, your landlord cannot retaliate.

Retaliation includes raising your rent, decreasing services, threatening eviction, or serving you an eviction notice. The law assumes retaliation if these things happen within 180 days of you doing something protected. That’s six months.

If you think your landlord is retaliating, you have a strong legal defense in an eviction case. You can also file a complaint with your city. Retaliation is taken seriously in California.

Deposits for Pets and Other Fees

Here’s something that confuses a lot of people. Pet deposits. Pet fees. Are they the same thing? Not really.

A pet deposit follows the same rules as security deposits. Your landlord can charge one month’s worth of pet deposits. They have to return it within 21 days, with an itemized list if they deduct money. It’s meant to cover damage caused by pets.

Pet fees are different. These are monthly charges, just like rent. Your landlord can charge them, and they’re separate from the deposit. So you might pay a pet deposit upfront and then a monthly pet fee forever.

Some cities in California limit pet fees or require them to be reasonable. Check your local rules. But honestly, pet fees are pretty common in California rentals.

What You Can Do If Your Landlord Violates Your Rights

Okay, pause. This is important. If your landlord breaks the law, you have options.

First, try to resolve it directly. Send your landlord a written request. Make it professional. Keep a copy. Give your landlord a reasonable time to respond.

If that doesn’t work, contact a tenant rights organization. Many California cities have free or low-cost legal help. These groups know the law inside and out. They can tell you exactly what your landlord did wrong and what you can do about it.

You can also file complaints with your city. Most cities have housing inspectors or rent control boards. They can investigate. You can small claims court if you want money back. You can even file a complaint with the state’s Department of Fair Employment and Housing if discrimination is involved.

In some cases, you can defend yourself in an eviction case by pointing out your landlord broke the law. You can countersue your landlord for damages. The courts take tenant rights seriously in California.

Recent Changes and Updates

California keeps updating its tenant laws. Here’s what you should know about recent changes.

Effective January 1, 2024, California changed rules about how much notice landlords need to give for rent increases. For increases of 10 percent or more, landlords now must give 60 days’ notice instead of 30. This gives renters more time to adjust.

The state also expanded protections around no-fault evictions in recent years. The rules keep getting stricter about when landlords can do no-fault evictions. This is ongoing, and your city might have even stricter rules.

Also, California keeps adjusting the formula for how much rent can increase each year. This is tied to inflation, so it changes annually. Make sure you know what the current percentage is for your year.

Moving Violations: Breaking Your Lease Early

What if you need to move before your lease is up? This is tricky. California law has some protections, but not as many as some people think.

If your apartment becomes uninhabitable, you can break your lease without penalty. That’s straightforward. If there are serious code violations, if there’s dangerous mold, if the heat doesn’t work in winter, you can leave and owe no money.

If you’re a victim of domestic violence, you have special protections. You can break your lease and leave without penalty. You have to follow certain procedures, but the law protects you.

Otherwise, breaking a lease early is tricky. Your landlord might be able to charge you a penalty. However, California law says landlords have a duty to “mitigate damages.” That means if you leave early, your landlord has to try to find a new tenant. They cannot just let the unit sit empty and charge you for every month.

If your landlord finds a new tenant quickly, you might owe less money. Keep that in mind. You could also try talking to your landlord about breaking the lease early. Some will negotiate.

Frequently Asked Questions

Can my landlord increase my rent whenever they want?

No. California law limits annual rent increases to inflation plus two percent, approximately 5 to 6 percent per year. Your landlord must give 30 days’ notice, or 60 days if the increase is 10 percent or more. Some cities have stricter limits or rent control.

How long does my landlord have to return my security deposit?

Twenty-one days. If your landlord deducts money, they must provide an itemized list showing exactly what they charged you for and how much each item cost.

Can my landlord evict me without a reason?

Not exactly. Evictions need a legal reason. Your landlord can do a no-fault eviction only for specific reasons like moving into the unit themselves or removing it from the rental market. Even then, they must follow strict notice requirements.

What should I do if my landlord won’t make repairs?

Document the problem with photos or videos. Send your landlord a written repair request and keep a copy. If they don’t respond, contact your city’s building inspector or housing department. You can also call a tenant rights organization for guidance.

Can my landlord enter my apartment whenever they want?

No. Your landlord needs a legal reason and must give you at least 24 hours’ notice for non-emergency entries. Emergencies like fires or gas leaks don’t require notice, but routine maintenance and showings do.

What is considered normal wear and tear on an apartment?

Normal wear and tear includes faded paint, small nail holes in walls, worn carpet, minor scuffs and marks, and other damage from normal living. Your landlord cannot charge you for normal wear and tear when you move out.

Can my landlord charge me for a pet?

Yes, but it’s regulated. Pet deposits follow security deposit rules. Pet fees are monthly charges. Check your lease and local city rules, as some cities limit pet fees.

What if my landlord retaliates against me for calling the health inspector?

Retaliation is illegal. If your landlord raises rent, decreases services, or threatens eviction within 180 days of you reporting violations, you have a strong legal defense. You can also file a complaint with your city.

How much notice does my landlord need to give to not renew my lease?

Generally, 30 days’ notice. However, local laws vary. Some cities require more notice. Check your local rental laws or contact your city’s housing department.

Can I break my lease early without penalty?

Only in specific situations. If your apartment becomes uninhabitable, you can leave. If you’re a domestic violence victim, you have protections. Otherwise, your landlord can charge a penalty, but they must try to find a new tenant to reduce the amount you owe.

Final Thoughts

California renter laws are strong, and they’re designed to protect you. But you have to know what they are. You have to be willing to stand up for yourself.

Keep records of everything. Take photos of problems. Save written communications with your landlord. Document when you pay rent. If something goes wrong, you’ll have evidence.

Don’t be afraid to ask for help. California has free or low-cost tenant rights organizations in most cities. They can answer questions, help you write letters, or refer you to lawyers. Using these services doesn’t make you difficult. It makes you informed.

Stay aware that laws change. What’s true today might change next year. If you’re dealing with a serious situation, check the most current resources. Call your city’s housing department. Talk to a tenant rights group.

Know your rights. Use them. California law is on your side when you need it most. Now you’ve got the knowledge. Use it wisely.