California Renters' Rights

A Comprehensive Guide

Renting a home in California comes with a strong set of protections for tenants. The state has some of the most comprehensive renters’ rights laws in the country, ensuring that tenants have access to safe and habitable housing, protection against unfair eviction, and safeguards against excessive rent increases. Understanding these rights can help tenants navigate their rental agreements and respond effectively to any issues that may arise.

1. Understanding Your Lease Agreement

A lease agreement is a legally binding contract between a tenant and a landlord. In California, lease agreements can be either written or verbal, but a written agreement is always preferable for clarity and legal protection. The lease should specify important details such as:

• Rent amount and due date

• Lease term (month-to-month or fixed-term)

• Security deposit amount

• Responsibilities for repairs and maintenance

• Rules regarding pets, parking, and utilities

If a lease provision violates California law, it is considered unenforceable even if the tenant has signed the agreement.

2. Rent Control and Rent Increases

Statewide Rent Control

Under the Tenant Protection Act of 2019 (AB 1482), most rental properties in California are subject to rent control. This law limits annual rent increases to 5% plus the local rate of inflation, with a maximum increase of 10% per year. However, some properties are exempt, including:

• Single-family homes not owned by corporations

• New buildings (first occupied within the last 15 years)

Notice Requirements for Rent Increases

• If the increase is 10% or less, landlords must provide at least 30 days' notice.

• If the increase exceeds 10%, landlords must provide at least 90 days' notice.

Local rent control laws may impose stricter limits, so tenants should check their city’s regulations for additional protections.

3. Security Deposits

Deposit Limits

California law limits the amount a landlord can charge for a security deposit:

• Unfurnished units: Maximum of two months' rent

• Furnished units: Maximum of three months' rent

Returning the Deposit

Landlords must return the security deposit within 21 days of the tenant moving out. If any deductions are made, the landlord must provide an itemized statement explaining the charges. Deductions can only be made for:

• Unpaid rent

• Damage beyond normal wear and tear

• Cleaning costs necessary to restore the unit to its original condition

If a tenant believes their deposit was unfairly withheld, they can file a claim in small claims court.

4. Habitability and Repairs

Landlords are legally required to provide a habitable living space. This means that rental units must have:

• Working plumbing and heating

• Proper electrical systems

• No infestations (rats, cockroaches, etc.)

• Functioning locks and security measures

Requesting Repairs

Tenants should notify their landlord in writing if repairs are needed. If the landlord does not respond within a reasonable time, tenants may:

• Withhold rent until repairs are made (with legal caution)

• Pay for the repairs and deduct the cost from the rent (repair and deduct rule, up to one month’s rent)

• File a complaint with local housing authorities

5. Eviction Protections

Just Cause Evictions

Under AB 1482, landlords can only evict tenants for just cause after they have lived in a unit for one year or more. Just cause includes:

• At-fault reasons (nonpayment of rent, lease violations, criminal activity, etc.)

• No-fault reasons (owner move-in, unit renovation, demolition, government order)

If an eviction is for a no-fault reason, the landlord must provide relocation assistance equal to one month’s rent.

Eviction Process

1. Notice to Vacate: The landlord must provide written notice (3, 30, or 60 days depending on the reason for eviction).

2. Unlawful Detainer Lawsuit: If the tenant does not leave, the landlord must file an eviction lawsuit.

3. Court Hearing & Judgment: The tenant has the right to present their case in court.

4. Sheriff Lockout: If the court rules in favor of the landlord, law enforcement can remove the tenant.

Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal, and tenants can sue landlords for damages if these occur.

6. Retaliation and Discrimination Protections

Retaliation Protections

Landlords cannot retaliate against tenants for:

• Requesting repairs

• Reporting code violations

• Joining a tenant union

If a landlord tries to evict or raise rent in retaliation, the tenant may have grounds for a legal claim.

Fair Housing Protections

The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on:

• Race, color, or national origin

• Religion

• Gender or sexual orientation

• Disability

• Family status (e.g., having children)

Landlords cannot refuse to rent, charge different rates, or impose unfair rules based on these factors.

7. Terminating a Lease Early

Tenant’s Right to Break a Lease

A tenant may terminate a lease early without penalty if:

• The unit is uninhabitable and the landlord refuses to make repairs.

• They are a domestic violence survivor (with proper notice and documentation).

• They are called for military duty under the Servicemembers Civil Relief Act (SCRA).

Otherwise, tenants may be required to pay rent until the lease ends or until the landlord finds a replacement tenant (mitigation rule).

Landlord’s Right to Terminate

Landlords cannot terminate a lease early without just cause, as defined under AB 1482. If a fixed-term lease expires, landlords may decide not to renew it but must provide proper notice:

• 30-day notice for tenants who have lived in the unit for less than a year

• 60-day notice for tenants who have lived in the unit for more than a year

8. Legal Resources for Tenants

Tenants facing disputes with their landlords can seek assistance from various resources:

• California Department of Consumer Affairs – Tenant Rights Guide

• Local Rent Control Boards (in cities like Los Angeles, San Francisco, Oakland)

• Legal Aid Societies (providing free legal help for low-income tenants)

• Fair Housing Organizations

• Small Claims Court (for security deposit disputes and minor claims)

Conclusion

California tenants benefit from strong legal protections that safeguard them from unfair rent increases, wrongful evictions, and substandard living conditions. Understanding these rights empowers renters to stand up for themselves and ensure that their landlords fulfill their obligations. If facing rental disputes, tenants should seek legal counsel or assistance from local tenant advocacy groups to protect their housing rights.