California Landlord-Tenant Law 2026: The Plain-English Guide
- How much security deposit can a California landlord charge in 2026? One month's rent under § 1950.5 as amended by AB 12, effective July 1, 2024, however the security is labeled and whether the unit is furnished or not, in addition to first month's rent. Up to two months only where…
- How long does a California landlord have to return a security deposit, and what must be sent? Twenty-one calendar days after the tenant vacates: an itemized statement showing how the security was applied, any remainder, the supporting bills, invoices, or receipts required where repair or cleaning deductions…
- What happens if a California landlord withholds a deposit in bad faith? Statutory damages of up to twice the amount of the security, in addition to actual damages, under § 1950.5. That is the corrected measure — not a flat "up to three times the deposit," although the refund and actual…
California has the most detailed landlord-tenant law in the country, and it changed in waves in 2024 and 2025: a lower deposit cap, photo documentation for deductions, tighter just-cause rules, a ban on certain fees, new screening-fee mechanics, and a longer window to answer an eviction lawsuit. Pre-2024 habits will get at least one hard number wrong.
The short version: Security, however named, is capped at one month's rent under Civil Code § 1950.5 as amended by AB 12, effective July 1, 2024, with a narrow small-landlord exception up to two months. The accounting and any refund are due within 21 calendar days after the tenant vacates, with an itemized statement. Bad-faith retention exposes a landlord to statutory damages of up to twice the amount of the security, in addition to actual damages — not "up to three times the deposit," the shorthand this guide previously used. For covered housing, AB 1482 caps increases at 5 percent plus the change in the cost of living, never more than 10 percent, and requires just cause to terminate after the statutory thresholds. A 3-day notice excludes Saturdays, Sundays, and judicial holidays. Entry generally takes 24 hours' written notice. The Landlord Starter Kit (free PDF) includes the move-in / move-out checklist that creates the condition record those 21-day deductions stand on.
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California's 21-day itemized statement under § 1950.5 stands or falls on paperwork: deductions over $125 need the actual bills or invoices, and a good-faith estimate still has to be trued up within 14 days of the work finishing. A per-tenancy ledger in a landlord banking account such as Baselane keeps rent, deposit, and repair spending separated as you go, so the statement writes itself at move-out.
To cross-check that clock before a move-out, use the security deposit deadline matrix (PDF) — one printable page putting California's 21-day itemized-statement deadline alongside the refund deadline in every other state.
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Where the law comes from
The controlling text is the statute itself. The sections deciding most disputes — deposits and screening (§§ 1950.5, 1950.6), habitability (§§ 1941, 1941.1, 1942), retaliation (§ 1942.5), termination (§§ 1946, 1946.1), just cause and rent limits (§§ 1946.2, 1947.12), rent-increase notice (§ 827), payment method (§ 1947.3), and entry (§ 1954), plus Code of Civil Procedure §§ 1161 and 1167 — are linked in "Read the rules yourself" below, as republished code text on Justia and FindLaw and California Courts self-help guidance, used because the state's Legislative Information site did not return the text from this work environment. This guide covers ordinary residential rentals; mobilehome, subsidized, and locally rent-stabilized housing add layers, and fair-housing law applies throughout. A lease cannot waive a non-waivable duty, and relabeling security does not take it out of § 1950.5.
California at a glance
| Rule | California requirement | Citation |
|---|---|---|
| Deposit cap | One month's rent, however the security is labeled; up to two months only under the small-landlord exception (natural person / qualifying trust or LLC, no more than two properties totaling no more than four units) | § 1950.5 (AB 12) |
| Deposit return | Itemized statement and any remainder within 21 calendar days after the tenant vacates; deductions over $125 need bills, invoices, or receipts | § 1950.5 |
| Bad-faith withholding | Statutory damages of up to twice the amount of the security, in addition to actual damages | § 1950.5 |
| Rent cap | No more than 5 percent plus the change in the cost of living, or 10 percent, whichever is lower, over any 12-month period, in no more than two increases | § 1947.12 (AB 1482) |
| Rent increase notice | At least 30 days for a combined increase of 10 percent or less; at least 90 days for more than 10 percent | § 827 |
| Entry | Reasonable notice in writing — 24 hours is presumed reasonable — during normal business hours, for a listed purpose only | § 1954 |
| Just cause | After 12 months of occupancy (24 for one tenant where an adult joined earlier), termination only for a listed at-fault or no-fault cause stated in writing; no-fault requires one month's rent in relocation assistance within 15 calendar days | § 1946.2 |
| Nonpayment notice | 3 days, counted in court days — Saturdays, Sundays, and judicial holidays excluded | § 1161(2) |
| Ending a periodic tenancy | At least 60 days' written notice if any tenant has lived there one year or more; at least 30 days if all have lived there less than one year | §§ 1946, 1946.1 |
| Repair and deduct | After notice and a reasonable time (presumed after the 30th day), up to one month's rent, no more than twice in any 12-month period | § 1942 |
Before the tenancy: disclosures, screening, and fees
Who owns, who manages, how rent is paid — § 1962. At or before the tenancy begins, disclose in writing the name, telephone number, and usual street address for personal service of the owner or manager, the person authorized to receive service of process and notices, and how rent is to be paid.
Other disclosures. California layers specific notices on top of § 1962, among them the registered sex offender database notice under § 2079.10a in its statutory wording, known flooding risk for leases entered into on or after July 1, 2018, a smoking policy under § 1947.5, pest-control treatment notice under § 1940.8, bed bug information and the tenant's duty to report suspected infestation, and shared-utility allocation under § 1940.9 — plus fact-triggered disclosures for lead-based paint, toxic or asbestos material, a death on the property, and former military ordnance locations.
Application screening fee — § 1950.6, as changed by AB 2493. A screening fee may be charged only when a unit is, or within the applicant's time frame will become, available. It may not exceed actual out-of-pocket costs — the screening or credit-report service plus the reasonable value of time spent — and may never exceed the statutory ceiling, stated as $30 per applicant, adjusted annually for the increase in the Consumer Price Index since January 1, 1998. The flat $30 in old guides is the unadjusted base, not the current ceiling; confirm the current adjusted figure before charging. AB 2493, effective January 1, 2025, restructured the process: a landlord who charges a fee must follow one of two pathways — process applications in the order received under written screening criteria provided with the application and approve the first applicant who meets them, without charging applicants never considered, or refund unselected applicants within the earlier of seven days after selecting a tenant or 30 days after the application was submitted.
Fees SB 611 removed — effective January 1, 2025. SB 611 amended §§ 1946, 1946.1, 1947.3, and 1950.5 and Code of Civil Procedure § 1161 to eliminate two charges some leases still list: a fee for serving, posting, or otherwise delivering any notice, and a fee because the tenant paid rent or a security deposit by check — § 1947.3 already required at least one payment method that is neither cash nor electronic transfer. SB 611 also added a service-member protection: where a service member is charged additional security because of a conditional approval, the landlord must give the written explanation the statute requires and return the additional amount after six months on the statute's conditions. Late fees are a separate question with no fixed cap: Civil Code § 1671 voids any fee that is not a reasonable pre-estimate of the landlord's actual damages — the test is worked through in our California late fee rules for landlords.
No "nonrefundable" security. No lease may characterize any security as "nonrefundable," and § 1950.5's definition reaches any payment, fee, deposit, or charge imposed at the beginning of the tenancy apart from the § 1950.6 screening fee and first month's rent. A "last month's rent" collection, a pet deposit, and a key deposit are all security for cap purposes; first month's rent itself is not.
How much can a California landlord charge as a security deposit, and when must it be returned? (the one-month cap and the 21-day clock)
Cap — AB 12. Since July 1, 2024, a landlord shall not demand or receive security, however denominated, in excess of one month's rent, in addition to first month's rent paid on or before initial occupancy. The old furnished/unfurnished distinction is gone, and the change did not retroactively shrink deposits lawfully collected before that date.
Small-landlord exception — up to two months. Only if both conditions are met: the landlord is a natural person — extended to a family trust and to an LLC in which all members are natural persons — and owns no more than two residential rental properties totaling no more than four dwelling units offered for rent. The exception also does not apply to a prospective service member except on the statute's service-member conditions.
What the deposit may pay for. Only amounts reasonably necessary for: (1) unpaid rent; (2) repair of damage, excluding ordinary wear and tear, caused by the tenant or a guest; (3) cleaning back to the move-in level of cleanliness; and (4) if the agreement authorizes it, restoring personal property or appurtenances, again excluding ordinary wear and tear. Repainting and upgrades do not belong in the accounting.
Initial inspection — § 1950.5(f). After termination notice by either side, the landlord must notify the tenant in writing of the right to request an initial inspection and be present. If requested, it occurs no earlier than two weeks before termination, on at least 48 hours' notice, at a mutually agreed time; the landlord then gives an itemized statement of proposed repairs the tenant may remedy before moving out, subject to the section's limits for later or concealed damage and its listed exceptions, including certain § 1161 evictions.
Photo documentation — AB 2801. Beginning April 1, 2025, the landlord must photograph the unit within a reasonable time after the tenant vacates and before any repairs or cleaning for which a deduction will be claimed, and again after that work is completed; for tenancies beginning on or after July 1, 2025, photographs are also required immediately before or at the beginning of the tenancy.
Return — 21 calendar days. No later than 21 calendar days after the tenant has vacated — calendar days, so weekends count, unlike the 3-day notice — the landlord must furnish an itemized statement and return any remainder. Deductions over $125 require the bills, invoices, or receipts the statute specifies, or the required labor description for the landlord's own work. If work or outside documentation cannot reasonably finish in 21 days, state a good-faith estimate, with the final statement and any further refund due within 14 days after completion or receipt. Use our Security Deposit Deadline Finder and deductions guide. For the deposit rules worked end to end — the one-month cap, the itemization statement, and the bad-faith penalty — see our California security deposit law guide. Prefer video? Watch the 21-day deposit deadline walkthrough on the Practical Landlord channel.
Electronic return — AB 414. Effective January 1, 2026, AB 414 amended § 1950.5 so that when the deposit or the rent was received electronically, electronic return of the remainder is the default: the landlord returns the balance by electronic transfer rather than by paper check, unless the parties agree otherwise in writing. Co-tenants may direct in writing how a refund is split between them, and the parties may agree in writing to apply the deposit to the last month's rent. A paper-check-only move-out process is no longer compliant for tenants who paid electronically.
Bad-faith damages — the corrected multiplier. The prior version of this guide said "up to 3x the deposit in damages." The statute says bad-faith claim or retention of the security, or a bad-faith demand for replacement security, may subject the landlord to statutory damages of up to twice the amount of the security, in addition to actual damages. The court may award them whenever the facts warrant, and the landlord bears the burden of proving reasonableness. The "three times" shorthand only describes the refund plus actual damages plus the up-to-twice award; the measure is twice the security, and it turns on bad faith.
Compare all 50 states at a glance: the 50-State Landlord Law Dataset (CSV + JSON) ($29) puts California's AB 12 deposit cap beside every other state's deposit limits, return deadlines, and eviction-notice rules — 300 data cells built to drop straight into ChatGPT or Claude.
How much can a California landlord raise the rent? (AB 1482 caps and § 827 notices)
The cap — § 1947.12. For covered housing, an owner shall not, over any 12-month period, increase the gross rental rate by more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, measured by the applicable metropolitan Consumer Price Index (or the California CPI where none is published) against the lowest gross rental rate charged in the preceding 12 months — and discounts, incentives, concessions, or credits are excluded when that lowest rate is determined, so a temporary discount does not lower the base. No more than two increases in 12 months may together reach the cap. The cap does not set the initial rent for a genuinely new tenancy where no prior tenant remains in lawful possession.
Exemptions — § 1947.12(d) and § 1946.2(e). The main exemptions, mirrored in large part for just cause, are deed-restricted affordable housing, higher-education dormitories, housing under a more restrictive local ordinance, housing issued a certificate of occupancy within the previous 15 years (a rolling window — buildings age into coverage), and certain transient occupancies. Two are most often mishandled: a duplex in which the owner occupies one unit as a principal residence at the start of the tenancy and continues in occupancy, and single-family homes and separately alienable condominiums, exempt only if the owner is not a REIT, a corporation, or an LLC with a corporate member and the tenant received the statutory exemption notice — in the rental agreement itself for a tenancy commenced or renewed on or after July 1, 2020. No notice, no exemption. A unit where the tenant shares bathroom or kitchen facilities with the owner is separately exempt from just cause. An AB 1482 exemption is not an exemption from a local ordinance.
Coverage notice. A covered owner must provide the statutory notice that § 1947.12 limits increases and § 1946.2 requires a statement of cause to terminate — for tenancies starting or renewed on or after July 1, 2020, as a lease addendum or a written notice signed by the tenant, with a copy provided.
Increase notice — § 827. Written notice is due at least 30 days before an increase takes effect if it, together with any other increases in the preceding 12 months, is 10 percent or less of the rent charged at any time in that period, and at least 90 days if the combined increase is more than 10 percent, with additional days when notice is mailed as § 827 provides. The 90-day rule matters chiefly for exempt housing and combined increases: an exempt landlord who gives 30 days for an 11 percent increase has served a defective notice. A fixed-term lease cannot be increased mid-term unless the lease lawfully provides for it. See how to raise rent legally.
Local rent control sits on top. The Los Angeles Rent Stabilization Ordinance, the San Francisco Rent Ordinance, and ordinances in Oakland, Berkeley, San Jose, and other cities impose their own increases, registration, and eviction rules, frequently stricter than AB 1482. This guide states state law only and gives no local figures: check the city's ordinance and rent-board guidance before any increase or termination.
Algorithmic rent-setting and the Cartwright Act — AB 325. Effective January 1, 2026, AB 325 (Chapter 338 of 2025, approved October 6, 2025) added Business and Professions Code section 16729, which makes it unlawful to use or distribute a "common pricing algorithm" as part of a contract, combination in the form of a trust, or conspiracy to restrain trade or commerce in violation of the Cartwright Act (section 16729(a)). It is separately unlawful to use or distribute such an algorithm if the person coerces another person to set or adopt a recommended price or commercial term for the same or similar products or services in California (section 16729(b)) — that prong does not require an agreement. A "common pricing algorithm" is any methodology, including a computer, software, or other technology, used by two or more persons, that uses competitor data to recommend, align, stabilize, set, or otherwise influence a price or commercial term; "commercial term" includes level of service, availability, and output (section 16729(d)(2)–(3)). Section 16729(c) leaves other antitrust law fully applicable. The definition is the limit: the section does not ban rent-pricing software outright, and a tool used by only one person, or one that does not use competitor data, is outside the definition as written. AB 325 also added section 16756.1: a Cartwright Act complaint need only allege facts making a restraint-of-trade agreement plausible, and need not allege facts excluding independent action.
Not sure whether your property or increase is covered? Our free Rent Cap Checker walks through the AB 1482 exemption and cap math step by step.
What must a California landlord repair, and when can a tenant repair and deduct? (§§ 1941, 1941.1, and 1942)
The duty — § 1941. A landlord must put a dwelling in a condition fit for human occupancy and repair later dilapidations that make it untenantable, except where the tenant caused the condition in violation of § 1929 or § 1941.2. The duty cannot be waived by agreement.
California voids lease language that waives non-waivable duties, so the clauses in your form lease deserve a check before the next signing: the free Lease Clause Scanner runs a pasted lease against a plain-English clause checklist, entirely in your browser.
What "untenantable" means — § 1941.1. A dwelling is untenantable if it substantially lacks any of: (1) effective waterproofing and weather protection, including unbroken windows and doors; (2) conforming plumbing or gas facilities in good working order; (3) hot and cold running water to appropriate fixtures with an approved sewage connection; (4) conforming heating in good working order; (5) conforming electrical lighting, wiring, and equipment in good working order; (6) building, grounds, and landlord-controlled areas kept clean, sanitary, and free of debris, filth, rubbish, garbage, rodents, and vermin; (7) adequate garbage receptacles in clean condition and good repair; and (8) floors, stairways, and railings in good repair. The section also addresses a locking mail receptacle in a residential hotel.
Stove and refrigerator — AB 628. Effective January 1, 2026, AB 628 amended § 1941.1 to add two more items to the list above: (10) a stove capable of safely generating heat for cooking, and (11) a refrigerator capable of safely storing food — each provided and maintained in good working order by the landlord. The duty attaches to leases entered into, amended, or extended on or after January 1, 2026; an untouched pre-2026 lease is not covered until it changes. A stove or refrigerator the landlord learns is subject to a manufacturer's recall must be repaired or replaced within 30 days of notice of the recall. A tenant may supply their own refrigerator only under a written agreement in the lease at signing — there is no equivalent opt-out for the stove — and the statute excludes permanent supportive housing, single-room occupancy units, residential hotels, and shared-kitchen facilities. A covered unit substantially lacking either appliance is untenantable, with the § 1942 remedies below in play.
Tenant duties — § 1941.2. The tenant must keep the premises as clean and sanitary as their condition permits, dispose of rubbish and use fixtures properly, and not deliberately or negligently damage the premises or permit another to do so.
Repair-and-deduct — § 1942. If, within a reasonable time after written or oral notice of dilapidations rendering the premises untenantable that the landlord ought to repair, the landlord neglects to repair, the tenant may either repair and deduct, or vacate and be discharged from further rent as of vacating. The limits are exact: cost not more than one month's rent, and the remedy not more than twice in any 12-month period. A tenant who acts after the 30th day following notice is presumed to have acted after a reasonable time under § 1942(b) — a rebuttable presumption that does not bar earlier action where circumstances require it; an actively leaking pipe is not a 30-day problem. Under § 1942(c) the remedy is unavailable where the tenant caused the condition, and under § 1942(d) it is in addition to other remedies.
No lockouts or shutoffs. Possession changes only through court. Section 789.3 prohibits a landlord, with intent to terminate occupancy, from blocking reasonable access, interrupting furnished utilities including water, heat, light, electricity, and telephone, changing locks, removing outside doors or windows, or removing personal property, with per-day civil liability on top of actual damages.
How much notice must a California landlord give before entering? (§ 1954)
Permitted purposes only. Under § 1954(a), a landlord may enter only in an emergency; to make necessary or agreed repairs, decorations, alterations, or improvements, to supply necessary or agreed services, or to exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors, or to make the § 1950.5(f) initial inspection; when the tenant has abandoned or surrendered the premises; and pursuant to court order.
Notice, hours, and manner. Except in an emergency or after abandonment or surrender, the landlord must give reasonable notice in writing and enter only during normal business hours, unless the tenant consents at the time to another time. Twenty-four hours is presumed reasonable. Notice may be personally delivered, left with a person of suitable age and discretion, or left on, near, or under the usual entry door where a reasonable person would discover it; mailed notice is presumed reasonable if mailed at least six days before entry. Oral notice for showing to prospective purchasers is allowed only if the tenant was notified in writing within the preceding 120 days that the property is for sale and may be contacted orally for that purpose, with written evidence of entry left inside. Access may not be abused or used to harass.
When can a California landlord evict for just cause? (§ 1946.2, § 1161, and the court clock)
When just cause applies. For covered housing, § 1946.2(a) bars termination without just cause, stated in the written notice, once all tenants have continuously and lawfully occupied for 12 months or more, or at least one has for 24 months or more where an additional adult joined earlier, on the section's conditions. Expiration of a fixed term, a wish to sell vacant, or to re-let higher are not just cause.
At-fault just cause — § 1946.2(b)(1). The statutory list is: default in paying rent; breach of a material lease term as described in § 1161(3), including violation after written notice to correct it; maintaining, committing, or permitting a nuisance under § 1161(4); committing waste; refusing a written extension or renewal on essentially similar terms, on the section's conditions; criminal activity on the property or its common areas, or a criminal activity or threat directed at the owner or an agent as the section describes; assigning or subletting in violation of the lease; refusing lawful access; using the premises for an unlawful purpose under § 1161(4); an employee, agent, or licensee tenant's failure to vacate after the underlying employment, agency, or license ends; and failure to deliver possession after the tenant's own written notice or agreement to terminate or surrender. For a curable ground, § 1946.2(c) adds a step skipped at the landlord's cost: first give the violation notice with an opportunity to cure under § 1161(3); only if it is not cured may a three-day notice to quit without a cure option follow.
No-fault just cause — § 1946.2(b)(2). Only four grounds qualify: (1) intent to occupy by the owner or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents; (2) withdrawal of the property from the residential rental market; (3) a government agency or court order requiring the tenant to vacate for a habitability condition, on the section's conditions; and (4) intent to demolish or substantially remodel. SB 567, effective April 1, 2024, narrowed the first and fourth. For an owner or family move-in, the notice must name the intended occupant and the relationship, the owner must hold the recorded interest the statute requires, the occupant must move in within 90 days after the tenant vacates and occupy the unit as a primary residence for at least 12 continuous months, with no other unit already occupied by that person or comparable unit vacant, subject to the disability exception; if the move-in does not happen or does not last, the unit must be offered back on the prior rent and terms, with reimbursement of reasonable moving expenses above relocation assistance already paid. A substantial remodel must replace or substantially modify a structural, electrical, plumbing, or mechanical system, or abate hazardous materials, require a permit, be incapable of safe completion with the tenant in place, and require vacating for at least 30 consecutive days; the notice must describe the work and expected duration and include copies of the permits obtained. Cosmetic work is not a substantial remodel. SB 567 also strengthened damages and public enforcement for a wrongful termination.
Relocation assistance — § 1946.2(d). Every no-fault termination requires one month's rent at the rate in effect when the notice was given, either paid within 15 calendar days after serving the notice or waived in writing for the final month, stating the amount. It is credited against any local relocation requirement, but a stricter local amount controls. Failure renders the termination notice void. Calendar the 15 days with the notice itself.
The 3-day notices — § 1161 and AB 2343. For nonpayment, § 1161(2) requires three days' written notice demanding the rent stated, with the payee information the paragraph specifies, or possession. For a curable covenant breach, § 1161(3) requires three days' notice requiring performance or possession. For the incurable grounds in § 1161(4) — nuisance, waste, unlawful use, and certain unlawful assignment or subletting among them — three days' notice requiring possession, with no cure option. Since AB 2343, operative September 1, 2019, the three days in §§ 1161(2) and (3) exclude Saturdays, Sundays, and other judicial holidays: a notice served on a Friday does not expire on Monday. A 3-day notice also may not demand more than rent lawfully due — including an SB 611-barred fee or an over-cap amount can defeat it. Full process: how to evict a tenant.
After the notice — AB 2347. Possession is recovered only by filing an unlawful-detainer action and obtaining judgment and a writ. AB 2347, effective January 1, 2025, amended § 1167 to extend the time to file a response from five court days to 10 days, excluding Saturdays, Sundays, and other judicial holidays, after service, with five additional court days where service is by mail or through the Secretary of State's address-confidentiality program under § 1167(b). Budget the process in weeks to months, with the notice, service, rent calculation, just-cause statement, and relocation payment all as exhibits; one defect restarts the sequence. Our free Eviction Timeline Calculator maps the full sequence — notice, filing, hearing, writ — for California and every other state, with citations.
What counts as landlord retaliation in California? (§ 1942.5 and the 180-day window)
Under § 1942.5(a), a landlord may not, within 180 days after a protected event, bring a possession action, cause the tenant to quit involuntarily, increase rent, decrease services, or threaten any of those, where the tenant is not in default in rent. Protected events include exercising rights under §§ 1941.5 and 1942 — repair-and-deduct among them — a complaint to the landlord or an appropriate agency about tenantability, and an agency inspection or correction notice, among the events the subdivision lists. The section separately bars retaliation for organizing or participating in a tenants' organization or lawfully and peaceably exercising a legal right, and bars reporting or threatening to report a tenant or an associated person to immigration authorities. Practitioners treat the 180 days as a presumption window: an adverse action inside it invites the retaliation defense. Remedies include actual damages and, where the landlord acted in bad faith, punitive damages of up to $2,000 for each retaliatory act.
Ending the tenancy, holdover, and what happens next
Periodic tenancies — §§ 1946 and 1946.1. A landlord terminating a dwelling tenancy with no specified term must give at least 60 days' written notice if any tenant or subtenant in possession has lived there one year or more, and at least 30 days if all have lived there less than one year. Section 1946.1(d) preserves a narrower 30-day route for a qualifying sale of a separately alienable unit to an occupying buyer, only where every condition in that subdivision is met, including notice within 120 days of opening escrow and no prior § 1946.1 notice. A tenant ending a month-to-month tenancy generally gives at least 30 days under § 1946, or the shorter period the original agreement lawfully specifies, never less than seven days. These are calendar-day notices: weekends count, unlike a 3-day notice. Where § 1946.2 applies, a 30- or 60-day notice without a stated valid just cause — and, for no-fault, without relocation assistance — terminates nothing.
Fixed terms and holdover — § 1945. A fixed term ends by its terms, but a covered tenant is not removable merely because it expired: just cause is still required. If the tenant remains with the landlord's consent — commonly by accepting rent — § 1945 renews the tenancy on the same terms for no more than one month where rent is payable monthly. Holding over without consent is remedied by unlawful detainer, with the § 1950.5 accounting still due within 21 calendar days after actual vacancy.
A worked example: a 3-day notice counted in court days, then a 21-day deposit clock counted in calendar days
A Los Angeles rental covered by AB 1482 rents for $2,400 a month. The landlord is a corporation, so the small-landlord deposit exception is unavailable. The deposit collected at move-in was $2,400 — exactly 1 × $2,400, the § 1950.5 maximum this landlord could demand.
- Thursday, October 1, 2026 — October rent of $2,400 is due. It is not paid.
- Friday, October 2, 2026 — The landlord serves a written 3-day notice to pay rent or quit under § 1161(2), demanding $2,400 and no other amount — no notice-serving fee, which SB 611 bars, and no late charge stated as rent.
- Counting the three days excluding Saturdays, Sundays, and judicial holidays under AB 2343: Saturday, October 3 and Sunday, October 4 do not count. Monday, October 5, 2026 is day one, Tuesday, October 6, 2026 is day two, and Wednesday, October 7, 2026 is day three.
- Wednesday, October 7, 2026 — The tenant pays the full $2,400 within the notice period. The notice is satisfied and no unlawful-detainer action may be filed on it.
- The tenancy later ends lawfully, and the tenant vacates on Friday, October 30, 2026. Before any cleaning or repair begins, the landlord takes the AB 2801 move-out photographs; after the work, the post-work set.
- Lawful deductions are $350 for cleaning to the move-in level of cleanliness and $250 for damage beyond ordinary wear and tear documented in the photographs: $350 + $250 = $600. Due back: $2,400 − $600 = $1,800. Because deductions exceed $125, the statement must carry the supporting bills, invoices, or receipts, or the required labor description for the landlord's own work.
- Counting 21 calendar days after vacancy — weekends count here: day one is Saturday, October 31, and day 21 is Friday, November 20, 2026.
- Friday, November 20, 2026 — Last day to furnish the itemized statement showing $600 in deductions, with its documentation and photographs, and return the $1,800.
Missing that Friday is expensive: bad-faith retention of the $1,800 exposes the landlord to the amount due and actual damages plus statutory damages of up to twice the security — 2 × $2,400 = $4,800.
The compliance checklist
1. Collect no more than one month's rent as security unless both halves of the § 1950.5 small-landlord exception are documented — two months maximum, and never from a service member the exception excludes.
2. Give the § 1962 disclosure in writing, keep it current, and include every property-specific disclosure that applies — sex-offender database, flood, smoking, pest-control, and shared-utility notices among them.
3. Follow one AB 2493 pathway under § 1950.6: written criteria and order-of-receipt processing with no fee for an unconsidered application, or refunds within the earlier of seven days after selection or 30 days. Never charge above actual cost or the current CPI-adjusted ceiling.
4. Remove SB 611-barred charges: no fee for serving, posting, or delivering any notice, and no fee for paying by check.
5. Include the correct AB 1482 notice in every lease file — coverage, or the statutory exemption wording in the agreement itself — and record the fact supporting any exemption.
6. Run both increase tests: § 1947.12's amount (5 percent plus cost-of-living change, never over 10 percent, no more than two increases) and § 827's timing (30 days at 10 percent or less combined, 90 days above it) — then check the local ordinance.
7. Maintain the unit to the § 1941.1 list; log every repair notice and answer well inside § 1942's 30-day presumption point.
8. Enter only for a § 1954 purpose, on 24 hours' written notice, during normal business hours, with the delivery record kept.
9. After any complaint or exercise of a tenant right, check § 1942.5's 180-day window and document an independent basis before acting.
10. For any § 1946.2 termination, state a listed just cause in writing; cure first for a curable at-fault ground; for no-fault, pay one month's rent within 15 calendar days or waive the final month in writing, and meet SB 567's conditions exactly.
11. Count a 3-day notice in court days only; demand only rent lawfully due; calendar the 10-court-day response time under § 1167 as amended by AB 2347. Never use a lockout or utility interruption.
12. Offer the § 1950.5(f) initial inspection in writing; take AB 2801 photographs before and after chargeable work; furnish the statement, documentation, photographs, and refund within 21 calendar days.
The bottom line
California rewards exact numbers and punishes borrowed ones. Deposits are capped at one month's rent for most landlords, the accounting is due in 21 calendar days, and bad faith is measured at up to twice the security on top of actual damages — not by a rounded "three times the deposit." Rent increases must pass both the AB 1482 cap and the § 827 notice test. A 3-day notice runs on court days; a deposit runs on calendar days; an eviction answer now runs on 10 court days. Entry takes 24 hours' written notice for a listed purpose, just cause takes a statutory ground stated in writing, and a no-fault ground takes one month's rent paid or waived within 15 days.
Frequently Asked Questions
How much security deposit can a California landlord charge in 2026?
One month's rent under § 1950.5 as amended by AB 12, effective July 1, 2024, however the security is labeled and whether the unit is furnished or not, in addition to first month's rent. Up to two months only where the landlord is a natural person, a qualifying family trust, or an LLC whose members are all natural persons, and owns no more than two properties totaling no more than four units — and that exception does not apply to most service-member applicants. Check a planned deposit against that cap before you collect it with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.
How long does a California landlord have to return a security deposit, and what must be sent?
Twenty-one calendar days after the tenant vacates: an itemized statement showing how the security was applied, any remainder, the supporting bills, invoices, or receipts required where repair or cleaning deductions exceed $125, and the AB 2801 photographs where required. A good-faith estimate is permitted only on the statute's terms, with a final accounting within 14 days after completion or receipt of documentation.
What happens if a California landlord withholds a deposit in bad faith?
Statutory damages of up to twice the amount of the security, in addition to actual damages, under § 1950.5. That is the corrected measure — not a flat "up to three times the deposit," although the refund and actual damages sit on top of the up-to-twice award.
How much can a California landlord raise the rent, and how much notice is required?
For housing covered by § 1947.12, no more than 5 percent plus the change in the cost of living, or 10 percent, whichever is lower, over any 12-month period, measured from the lowest rent in that period and in no more than two increases. Separately, § 827 requires at least 30 days' written notice for a combined increase of 10 percent or less and at least 90 days for more than 10 percent. A stricter local ordinance can lower the amount.
When does a California landlord need just cause to end a tenancy?
Under § 1946.2, once all tenants have continuously and lawfully occupied the property for 12 months or more — or at least one has for 24 months or more where an additional adult joined earlier, on the statute's conditions — a covered owner may terminate only for a listed at-fault or no-fault just cause stated in writing. A no-fault termination also requires one month's rent in relocation assistance, paid within 15 calendar days after service or waived for the final month in writing; without it the notice is void.
How are the three days in a California 3-day notice counted?
In court days. Since AB 2343, the three days under § 1161(2) for nonpayment and § 1161(3) for a curable breach exclude Saturdays, Sundays, and other judicial holidays, so a notice served on a Friday is not spent on Monday. By contrast, the deposit deadline is 21 calendar days and a § 1946.1 termination notice also runs in calendar days.
How much notice must a California landlord give before entering a rental unit?
Reasonable notice in writing, which 24 hours is presumed to satisfy, during normal business hours and only for a § 1954 purpose: an emergency, necessary or agreed repairs or services, showing the unit, the § 1950.5(f) initial inspection, abandonment or surrender, or a court order. Mailed notice is presumed reasonable if mailed at least six days before entry, and access may not be abused or used to harass.
Can a California tenant repair a problem and deduct the cost from rent?
Yes, within § 1942's limits: after written or oral notice of an untenantable condition the landlord ought to repair, and neglect for a reasonable time — presumed after the 30th day following notice, though circumstances can require less — the tenant may repair and deduct up to one month's rent, no more than twice in any 12-month period, unless the tenant caused the condition. The tenant may instead vacate and be discharged from further rent as of vacating.
Read the rules yourself
- Civil Code § 1950.5 — Security for rental agreement (Justia)
- Civil Code § 1946.2 — Just-cause termination (Justia)
- Civil Code § 1947.12 — Rent cap (Justia)
- Civil Code § 1950.5 — Security deposits (FindLaw)
- Civil Code § 827 — Rent-increase and tenancy-change notice (FindLaw)
- Civil Code § 1946.1 — Termination of periodic tenancies, 30 and 60 days (FindLaw)
- Civil Code § 1941 — Landlord's duty to keep premises tenantable (FindLaw)
- Civil Code § 1941.1 — Untenantable conditions (FindLaw)
- Civil Code § 1942 — Repair-and-deduct and vacating (FindLaw)
- Civil Code § 1942.5 — Retaliation prohibited (FindLaw)
- Civil Code § 1950.6 — Application screening fees (FindLaw)
- Civil Code § 1954 — Entry by landlord (FindLaw)
- Civil Code § 1947.3 — Rent payment methods (FindLaw)
- Code of Civil Procedure § 1161 — Unlawful detainer and 3-day notices (FindLaw)
- Code of Civil Procedure § 1167 — Response time in unlawful detainer (FindLaw)
- AB 325 — Cartwright Act: violations (California Legislative Information, Chapter 338 of 2025) — the common-pricing-algorithm prohibitions at Business and Professions Code section 16729(a)–(b), the "common pricing algorithm" and "commercial term" definitions at section 16729(d), and the plausibility pleading rule at section 16756.1; approved October 6, 2025, effective January 1, 2026.
- Guide to security deposits in California — California Courts Self Help
- Eviction information for landlords — California Courts Self Help
More landlord-tenant law guides
- Landlord-tenant law by state
- Arkansas landlord-tenant law
- Colorado landlord-tenant law
- Arizona landlord-tenant law
- Connecticut landlord-tenant law
- Nevada landlord-tenant law
- Washington landlord-tenant law
- Hawaii landlord-tenant law
Last verified: October 16, 2026. This is general information, not legal advice. California cities often layer stricter local ordinances on top of state law — always check local rules, and consult a California landlord-tenant attorney for specific situations.