Landlord Guide to Renting in California

California allows both written and oral rental agreements. However, any lease with a term exceeding one year must be in writing (Civil Code § 1624). Landlords must provide tenants with a copy of the signed lease. Lease provisions that waive tenant rights under California law are void and unenforceable.

• Written leases required for terms exceeding one year (Civil Code § 1624)
• Oral agreements are valid for month-to-month and shorter fixed terms
• Landlord must provide the tenant with a copy of the signed lease (Civil Code § 1962)
• Clauses waiving tenant rights or limiting landlord liability are void

Effective July 1, 2024, California Civil Code § 1950.5 limits security deposits to one month's rent for all residential tenancies, regardless of whether the unit is furnished or unfurnished. The deposit may be used for unpaid rent, cleaning, repair of damages beyond normal wear and tear, and restoration of personal property if the lease permits.

• Maximum deposit: one month's rent (Civil Code § 1950.5, as amended by AB 12)
• No requirement to hold the deposit in a separate account or pay interest (unless local ordinance requires it)
• Deposit may cover unpaid rent, cleaning, and damage beyond normal wear and tear
• Landlords must allow tenants the option to pay the deposit in installments for leases signed on or after July 1, 2024

California requires an extensive list of disclosures to tenants before or at the start of a tenancy. These are among the most detailed in the nation and cover environmental hazards, property history, and tenant rights.

• Lead-based paint disclosure for pre-1978 properties (federal and state requirement)
• Mold disclosure if the landlord knows of mold (Civil Code § 1941.7)
• Bed bug disclosure and history of infestations (Civil Code § 1954.603)
• Flooding and natural hazard disclosure (Civil Code § 1103)
• Sex offender database notice (Megan's Law disclosure, Civil Code § 2079.10a)
• Demolition intent disclosure if the landlord plans to demolish within the lease term
• Notice of Tenant Protection Act applicability (AB 1482 — Civil Code § 1946.2(f))
• Pesticide use disclosure (Civil Code § 1940.8)

Rent is due on the date specified in the lease. California does not require a statutory grace period, though many leases include one. Late fees must be a reasonable estimate of the landlord's costs resulting from the late payment. Landlords may not charge excessive late fees as penalties.

• No statutory grace period — due date is set by the lease
• Late fees must be reasonable and proportional to actual costs incurred
• Landlords must provide at least one form of payment that does not require the tenant to pay through electronic funds transfer (Civil Code § 1947.3)
• Landlords may not require cash-only payments unless the tenant has previously bounced a check or had a payment reversed

California imposes a strong implied warranty of habitability. Under Civil Code § 1941, landlords must maintain rental units in a condition fit for human habitation. This includes working plumbing, heating, electricity, clean and sanitary premises, and compliance with all building and housing codes. Tenants have significant remedies if the landlord fails to maintain the property.

• Implied warranty of habitability requires units be fit for human occupancy (Civil Code § 1941)
• Maintain plumbing, heating, electrical, and sanitary systems
• Comply with all state and local building, health, and housing codes
• Provide adequate waterproofing, weather protection, and locks on doors and windows

California Civil Code § 1954 limits a landlord's right to enter a tenant's unit to specific purposes: necessary or agreed-upon repairs, showing the unit to prospective tenants or buyers, emergencies, and court-ordered entry. Reasonable notice of at least 24 hours is required for non-emergency entry.

• 24 hours' reasonable written notice required for non-emergency entry (Civil Code § 1954)
• Entry must be during normal business hours unless the tenant consents otherwise
• No notice required for genuine emergencies or when the tenant has abandoned the unit
• 48 hours' notice required for the initial and final move-out inspection (Civil Code § 1950.5(f))

The California Tenant Protection Act of 2019 (AB 1482, codified in Civil Code § 1947.12) caps annual rent increases at 5% plus local CPI, or 10%, whichever is lower, for covered properties. The Act applies to most residential properties that are 15 years old or older, with exemptions for single-family homes (if certain notice is given), owner-occupied duplexes, and some other categories.

• Statewide rent cap: 5% + local CPI or 10%, whichever is lower (Civil Code § 1947.12)
• Applies to most residential properties 15+ years old
• Exempt: certain single-family homes, owner-occupied duplexes, new construction under 15 years
• 30 days' notice for increases of 10% or less; 90 days' notice for increases over 10% (Civil Code § 827)

California notice periods depend on the tenancy type and the reasons for termination. The Tenant Protection Act (AB 1482) requires "just cause" for termination of tenancies exceeding 12 months in covered properties (Civil Code § 1946.2).

• Month-to-month tenancy (less than 1 year): 30 days' written notice (Civil Code § 1946.1)
• Month-to-month tenancy (1 year or more): 60 days' written notice (Civil Code § 1946.1)
• Fixed-term lease: ends at the lease expiration, but just cause may be required for non-renewal under AB 1482
• Nonpayment of rent: 3-day notice to pay or quit (Code of Civil Procedure § 1161(2))
• Lease violation: 3-day notice to cure or quit (Code of Civil Procedure § 1161(3))

Evictions in California are carried out through an unlawful detainer action. The process is tightly regulated and courts strictly enforce procedural requirements. For properties covered by AB 1482, landlords must have "just cause" for eviction, categorized as either "at-fault" (e.g., nonpayment, lease violation) or "no-fault" (e.g., owner move-in, substantial remodel). No-fault evictions require relocation assistance equal to one month's rent.

• Serve the appropriate written notice (3-day, 30-day, or 60-day depending on the grounds)
• File an unlawful detainer complaint in Superior Court if the tenant does not comply
• The tenant has 5 days to respond after being served with the complaint
• If the court rules for the landlord, a writ of possession is issued and enforced by the sheriff

Under Civil Code § 1950.5, the landlord must return the security deposit within 21 calendar days after the tenant vacates. The landlord must provide an itemized statement of any deductions along with copies of receipts for charges over $126 (or good-faith estimates if repairs have not yet been completed). The tenant has the right to a pre-move-out inspection to identify potential deductions.

• Return deadline: 21 calendar days after the tenant vacates (Civil Code § 1950.5)
• Itemized statement of deductions required with copies of receipts or invoices
• Tenant has the right to request an initial move-out inspection (Civil Code § 1950.5(f))
• Permissible deductions: unpaid rent, cleaning to restore the unit to move-in condition, and repair of damages beyond normal wear and tear
• Bad-faith retention of a deposit may result in the tenant recovering up to twice the deposit amount in court