California Landlord-Tenant Law

Maximum deposit

Most landlords may collect no more than one month's rent as a security deposit (all deposits and fees count), while small individual landlords with no more than two properties and four units may collect up to two months' rent unless the tenant is a service member (Cal. Civ. Code § 1950.5(c)). (Cal. Civ. Code § 1950.5(b), (c))

• In effect since July 1, 2024.
• Before July 1, 2024: Two months' rent for unfurnished units and three months' rent for furnished units (AB 12 (2023) lowered the cap effective July 1, 2024).

Return deadline

Landlords must return the deposit, with an itemized statement of any deductions, no later than 21 calendar days after the tenant vacates (Cal. Civ. Code § 1950.5(h)(1)). (Cal. Civ. Code § 1950.5(h)(1), (h)(3))

• In effect since January 1, 2026.

Itemized deductions

Landlords must always send an itemized statement of deductions, and must attach copies of invoices or receipts plus the required photographs for repair or cleaning deductions unless those deductions total $125 or less or the tenant signed a valid waiver (Cal. Civ. Code § 1950.5(g), (h)(1)–(h)(4)). (Cal. Civ. Code § 1950.5(g), (h)(1)–(h)(5))

Interest on deposits

California state law does not require landlords to pay interest on security deposits, but several cities (for example San Francisco, Berkeley and Santa Monica) do (Cal. Civ. Code § 1950.5 is silent on interest). (Cal. Civ. Code § 1950.5 (silent on interest))

Penalty for wrongful withholding

A landlord who retains a deposit in bad faith may owe the tenant up to twice the deposit in statutory damages plus actual damages, and bears the burden of proving deductions were reasonable (Cal. Civ. Code § 1950.5(h)(7), (m)). (Cal. Civ. Code § 1950.5(h)(7), (m))

Late-fee limit

California sets no numeric late-fee cap, but a residential late fee is enforceable only if it is a reasonable estimate of the landlord's actual costs from late payment that would be hard to calculate, so keep fees modest and document how you set them (Cal. Civ. Code § 1671(d); Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7). (Cal. Civ. Code § 1671(c)(2), (d))

Grace period

California law does not require a grace period before a late fee can be charged, though leases commonly allow until the 5th (Cal. Civ. Code §§ 1940–1954.535 contain no grace-period rule). (Cal. Civ. Code, Part 4, Title 5, Ch. 2 (Hiring of Real Property) — no grace-period provision)

Give the tenant written notice at least 24 hours before entering (six days if mailed), stating the date, approximate time and purpose, and enter only during normal business hours except in emergencies (Cal. Civ. Code § 1954(b), (d)). (Cal. Civ. Code § 1954)

To end a month-to-month tenancy a landlord must give 60 days' written notice if the tenant has lived there a year or more (30 days if less), must state a just cause when the Tenant Protection Act applies, and the tenant must give 30 days' notice (Cal. Civ. Code §§ 1946.1, 1946.2). (Cal. Civ. Code § 1946.1(b)–(d), Cal. Civ. Code § 1946.2(a))

For a month-to-month tenancy, give at least 30 days' written notice of a rent increase of 10% or less and 90 days' notice if the increase (combined with other increases in the past 12 months) exceeds 10% (Cal. Civ. Code § 827(b)). (Cal. Civ. Code § 827(b))

Most California rentals more than 15 years old are subject to a statewide cap of 5% plus inflation (never more than 10%) in rent increases over any 12 months, and stricter local rent control may also apply (Cal. Civ. Code §§ 1947.12, 1954.52). (Cal. Civ. Code § 1947.12 (Tenant Protection Act rent cap), Cal. Civ. Code § 1954.52 (Costa-Hawkins Rental Housing Act))

• In effect since April 1, 2024.

California landlords must give a set of written disclosures at or before signing, including the Megan's Law notice, bed bug notice, flood hazard disclosure, Tenant Protection Act notice, owner/manager identity, and federal lead paint disclosure for pre-1978 housing, plus situational notices (Cal. Civ. Code §§ 1946.2(f), 1954.603, 1962, 2079.10a; Cal. Gov. Code § 8589.45). (Cal. Civ. Code §§ 1940.6–1940.9, 1946.2(f), 1947.5, 1947.12(d)(5), 1954.07, 1954.603, 1962, 2079.10a, Cal. Gov. Code § 8589.45, 40 CFR Part 745 Subpart F)

• Lead-based paint disclosure, lead warning statement and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
• Megan's Law sex-offender database notice in the lease (Leases of single-family residential property, and of multiunit residential property with more than four dwelling units, entered on or after July 1, 1999 (not literally required for 2–4 unit buildings)) — Cal. Civ. Code § 2079.10a
• Bed bug information notice (Before creating a new tenancy) — Cal. Civ. Code § 1954.603
• Flood hazard disclosure (special flood hazard area / potential flooding, MyHazards link, insurance info) (Every residential lease or rental agreement entered on or after July 1, 2018) — Cal. Gov. Code § 8589.45
• Tenant Protection Act rent-cap and just-cause notice (12-point type) (Units subject to Civ. Code § 1946.2/1947.12; in the lease or a signed addendum for tenancies commenced or renewed on or after July 1, 2020) — Cal. Civ. Code § 1946.2(f)
• Tenant Protection Act exemption notice for single-family homes/condos (To claim the exemption for separately alienable units not owned by a REIT, corporation, or LLC with a corporate member) — Cal. Civ. Code § 1947.12(d)(5)(B); § 1946.2(e)(8)
• Owner/manager name, address and rent-payment information (In every written lease or rental agreement (or written statement for oral agreements)) — Cal. Civ. Code § 1962
• Notice of application for demolition permit (Before accepting fees or signing with a prospective tenant, once the owner has applied for a demolition permit) — Cal. Civ. Code § 1940.6
• Former military ordnance location notice (Landlord has actual knowledge of a former ordnance location in the neighborhood; before signing) — Cal. Civ. Code § 1940.7
• Shared gas/electric meter disclosure and payment agreement (Tenant's meter serves areas outside the unit; before tenancy or on discovery) — Cal. Civ. Code § 1940.9
• Copy of pest control company's pesticide notice (Periodic pest control service contract in place; to each new tenant) — Cal. Civ. Code § 1940.8
• Pesticide application notice by landlord (Landlord applies pesticide without a licensed operator (unit or common area)) — Cal. Civ. Code § 1940.8.5
• No-smoking areas provision (Leases entered on or after Jan. 1, 2012 where the landlord prohibits smoking on any part of the property) — Cal. Civ. Code § 1947.5(b)
• Mold disclosure (Landlord knows or has reason to believe mold exceeding permissible limits or posing a health threat affects the unit/building. Operative only after CDPH adopts mold exposure standards and guidelines (HSC § 26147(e)); CDPH has said science-based limits cannot be set, so the duty is likely not yet triggered, but disclosing known mold remains prudent) — Cal. Health & Safety Code § 26147
• Offer to report positive rental payments to a credit bureau (At lease signing (leases on/after April 1, 2025) and annually; exempt for buildings of 15 or fewer units unless landlord is a REIT/corporation/corporate-member LLC owning more than one building) — Cal. Civ. Code § 1954.07

Unpaid rent

Before filing for unpaid rent, serve a written 3-day notice to pay rent or quit that excludes Saturdays, Sundays and judicial holidays, states the exact rent owed (no late fees) and who/where/how to pay (Cal. Code Civ. Proc. § 1161(2)). (Cal. Code Civ. Proc. § 1161(2))

• In effect since September 1, 2019.
• Before September 1, 2019: 3 calendar days, including weekends and holidays.

Lease violations

For a curable lease violation, serve a 3-day notice to perform covenants or quit (excluding weekends and judicial holidays); incurable breaches such as nuisance, waste or illegal use allow a 3-day notice to quit with no chance to cure (Cal. Code Civ. Proc. § 1161(3), (4)). (Cal. Code Civ. Proc. § 1161(3), (4), Cal. Civ. Code § 1946.2(b)(1)(B), (c))