Landlord guides / California law

California landlord and tenant rights: who is responsible for what

Both sides of a California rental have rights and duties. Here is who is responsible for what, in one place, with links to the deeper guides and the law itself.

By the EC Rental team8 min readUpdated October 14, 2026
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    A safe, livable home

    • Heat, hot water, plumbing, power
    • Working locks, no pests, no serious mold
    • A stove and refrigerator for leases from 2026
    Civil Code 1941.1
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    Privacy and entry

    • 24 hours' written notice to enter
    • Normal business hours, for a valid reason
    • Emergencies need no notice
    Civil Code 1954
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    Deposits

    • Most landlords: one month's rent at most
    • Back within 21 days, itemized
    • Deductions only for rent, damage, cleaning
    Civil Code 1950.5
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    Rent and increases

    • AB 1482 cap: 5% + inflation, max 10%
    • 30 or 90 days' written notice
    • Late fees must be reasonable
    Civil Code 1947.12
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    Fair housing and retaliation

    • No discrimination, vouchers included
    • No rent hikes or evictions to punish complaints
    • No lockouts or utility shutoffs
    Civil Code 1942.5, 789.3
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    The landlord's side

    • Rent paid on time, as the lease says
    • Tenant keeps it clean and pays for damage
    • Evict through court for a legal reason
    Civil Code 1941.2

California rental law is spread across the Civil Code, the Code of Civil Procedure, fair housing law and many city ordinances. This guide is the map. Each section says who is responsible for what and links to a deeper guide or to the law itself.

Check your city, too. Los Angeles, San Francisco, Oakland, Berkeley, San Jose and many other cities add stricter rent control and eviction rules on top of state law. When a city rule is stricter, it usually applies.

A safe, livable home

Every California rental comes with a duty to keep the home habitable (Civil Code 1941.1). That means, among other things:

Our repairs and damage guide covers how repair requests work and what happens when the landlord doesn't act.

Privacy and entry

A tenant has the right to quiet enjoyment of the home. The landlord may enter only for a valid reason, such as repairs, an agreed inspection, a showing to buyers or new tenants, or a court order, and generally must give 24 hours' written notice (6 days if mailed), during normal business hours (Civil Code 1954). In an emergency, no notice is needed.

Ask Tello about California rental rules

Tello, the AI assistant inside EC Rental, knows California rental law and your account, and points you to the rule behind each answer.

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Security deposits

Since July 1, 2024, most landlords can collect at most one month's rent as a deposit. Some small landlords can collect two. The deposit must come back within 21 days of move-out with an itemized statement, and since 2026 it generally goes back electronically if the tenant paid electronically (AB 414). The full rules, including required photos, are in our security deposit guide.

Rent, increases and late fees

Fair housing

Landlords can't refuse to rent, set different terms or advertise a preference based on race, color, religion, sex, gender identity, sexual orientation, marital or familial status, national origin, ancestry, disability, age, military or veteran status, genetic information or source of income, which includes Section 8 and other housing vouchers. Tenants with disabilities can ask for reasonable accommodations, such as an assistance animal in a no-pets building. Our pets guide covers assistance animals.

No retaliation, no lockouts

The landlord's rights

The law protects landlords too. A landlord can:

Put it in writing

Most disputes start with something nobody wrote down. A clear lease, dated move-in photos, written repair requests and written notices protect both sides. Our lease checklist lists what a California lease should cover.

Fill in California rental forms

Rental agreements, 3-day notices to pay or quit, notices of entry, receipts and more, filled in from your property details.

See documents →

Last checked October 2026. This guide is general information, not legal advice. Laws change and local rules can be stricter, so check the current law or ask a California landlord-tenant attorney before acting.