What are tenant rights in California?
California has some of the strongest tenant protections in the country.
1. Security Deposit — Historically capped at 2x monthly rent (unfurnished) or 3x (furnished) under Civ Code § 1950.5. AB 12 (effective July 2024) reduced the cap to 1 month for most landlords. Deposits must be returned within 21 days with an itemized statement of deductions.
2. Habitability — Under Civ Code § 1941 and § 1941.1, landlords must maintain weatherproofing, plumbing, hot/cold water, heat, electrical systems, sanitation, and structural integrity. Tenants may use the 'repair and deduct' remedy (Civ Code § 1942), withhold rent, or sue.
3. Notice for Entry — Civ Code § 1954 requires 24 hours' written notice for non-emergency entry, during normal business hours, for repairs, inspections, or showings.
4. Just Cause Eviction — The Tenant Protection Act (AB 1482, Civ Code § 1946.2) requires 'just cause' to terminate tenancies of 12+ months. At-fault causes (nonpayment, lease breach) and no-fault causes (owner move-in, withdrawal from market) are defined. No-fault evictions trigger relocation assistance equal to 1 month's rent.
5. Rent Control — AB 1482 caps annual rent increases at 5% + local CPI, max 10% for covered units. Local ordinances (LA, San Francisco, Oakland, Berkeley) may impose stricter caps.
6. Discrimination — The Fair Employment and Housing Act (FEHA) and Unruh Act prohibit discrimination based on race, sex, sexual orientation, source of income (including Section 8), and many other protected categories.
7. Retaliation — Civ Code § 1942.5 prohibits retaliatory eviction or rent hikes within 180 days of a tenant exercising legal rights.
This is legal information, not legal advice.
- Facing eviction in court
- Landlord retaliating after complaint
- Habitability issue causing health risk
- Cal. Civ. Code § 1941
- Cal. Civ. Code § 1942.5
- Cal. Civ. Code § 1946.2
- Cal. Civ. Code § 1950.5
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.