Your comprehensive guide to rental laws, tenant rights, and advocacy in California
California law requires late fees to be reasonable and specified in the lease agreement. Late fees are typically capped at 5-6% of monthly rent. The fee must be a genuine estimate of costs incurred by the landlord due to late payment, not a penalty.
In California, security deposits are limited to 2 months' rent for unfurnished units and 3 months' rent for furnished units. Landlords must return deposits within 21 days after move-out, with an itemized statement of any deductions. Interest on security deposits may be required in some cities.
California requires: 1) Just cause for eviction in most cases, 2) 3-day notice for non-payment or lease violations, 30-60 days for no-fault evictions, 3) Court filing if tenant doesn't comply, 4) Tenant right to cure violations, 5) Various local rent control and eviction protections may apply. Self-help eviction is illegal and can result in significant penalties.
California landlords must maintain the property in a habitable condition according to state law (Civil Code 1941.1). This includes: structural elements, plumbing, electricity, heat, weatherproofing, and addressing pest infestations. Repairs must be made within a reasonable time after written notice from tenants.
California law requires landlords to provide 24-hour written notice before entering a rental unit for non-emergency matters. The notice must specify the date, approximate time, and purpose. Immediate entry is only permitted for emergencies. Verbal notice is acceptable for showing the unit to prospective tenants with 24 hours notice.
In California, landlords are responsible for pest control and maintaining a pest-free environment as part of the warranty of habitability. If pest problems are caused by tenant behavior, the tenant may be responsible for remediation costs. Bed bug infestations require specific notifications and procedures under California law.
California has statewide rent control (AB 1482) limiting annual increases to 5% plus CPI (max 10%) for most units over 15 years old. Some cities have stricter local rent control. 30-90 days notice is required depending on increase amount. Rent can only be increased twice in 12 months.
In California, tenants have the right to sublet unless specifically prohibited by the lease. Landlords cannot unreasonably deny sublet requests. Written landlord approval is still recommended. Rent-controlled units may have additional subletting restrictions.
California tenants can 'repair and deduct' under Civil Code 1942 if landlords fail to make necessary repairs after reasonable notice. Tenants can repair themselves and deduct costs from rent (up to one month's rent) or withhold rent until repairs are made. Must follow specific procedures and documentation requirements.
California landlords must disclose: • Lead paint (pre-1978 buildings) • Known carcinogens/chemicals (Prop 65) • Pest control notices • Flood hazard zones • Military ordnance locations • Death in unit (past 3 years) • Mold • Bed bug information • Utility arrangements • Smoking policy • Identity of property owner/manager
Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.