California Tenant FAQ 2025

Under current law, the landlord must return your deposit—or provide an itemized statement of lawful deductions—within 21 calendar days after you move out and hand over the keys. The 21-day clock starts the day after you surrender possession, not the day you give notice. If deductions exceed $125, receipts or good-faith estimates must be attached. Tenants who have not received payment on day 22 can send a demand letter (see our itemized security deposit deduction letter sample) and, if ignored, file in small claims court. Document your move-out with photos and certified-mail your forwarding address to prove compliance.

A landlord may deduct for unpaid rent, necessary cleaning to restore the unit to the same level of cleanliness, and damage beyond ordinary wear and tear. Normal nail holes or faded paint are not deductible, but a broken window or large pet stains are. Lost keys, garage remotes, or unpaid utilities billed through the landlord are also legitimate if documented. For every deduction over $125 a receipt is mandatory. Compare examples in our deposit guide and dispute any vague “repair” entries.

Only if your written lease explicitly designates part of the deposit as prepaid rent. Otherwise withholding rent and telling the landlord to “apply the deposit” violates the agreement and can trigger a 3-Day Pay-or-Quit notice. If you want to offset, request written consent and keep proof. Learn more in our notice guide so you avoid eviction risks.

There is no statewide interest requirement. However, several cities—including Los Angeles, San Francisco, Berkeley, Santa Monica, and West Hollywood—mandate yearly payouts. Rates average 0.07–3 % and are published annually by each rent board. Check our interest calculator to estimate what you might accrue.

The statement must list each deduction, its cost, and a brief description (“Carpet patch – living room – $85”). If any single line exceeds $125, attach a copy of the invoice or receipt. Photographs are optional but persuasive. Statements must be mailed or personally delivered; email is acceptable only if you consented. Keep envelopes—postmarks prove compliance or violation. See a formatted example in our letter templates section.

“Habitability” means the unit is fit to live in and complies with health and safety codes. Civil Code §1941.1 requires reliable plumbing, heat, hot water, locking doors and windows, and a weather-tight roof. Dangerous mold, roach infestations, or faulty wiring breach this standard. Tenants should document issues with photos and send a certified repair request—templates are at Sample Letters. If ignored for 30 days (or sooner for urgent problems), you may pursue repair-and-deduct or code enforcement.

Write a dated letter describing each defect, referencing Civil Code §1941, and give reasonable access times. Send by certified mail so delivery is undeniable. Keep a copy and photos. Our repairs guide walks through each step, including follow-up if the landlord stalls.

If the landlord fails to fix serious habitability defects after written notice, Civil Code §1942 lets tenants pay for the repair and deduct up to one month’s rent, twice per 12-month period. The repair must be reasonable in cost, and you must keep receipts. Minor cosmetic issues do not qualify. Always notify the landlord again before scheduling work.

Yes. Dangerous situations—burst pipes, gas leaks, no heat during winter—require immediate action. Many cities impose 24- to 72-hour turnaround. Call the landlord first, then document attempts. If no response, arrange repair and deduct or contact code enforcement. Keep phone logs and photos to defend deductions later.

Absolutely. Once reasonable notice passes and hazards persist, tenants may file a complaint with local building or health departments. Inspectors can issue violation notices compelling the landlord to act. Retaliation for such a complaint is illegal under Civil Code §1942.5. See details in habitability standards.

Common notices include 3-Day Pay-or-Quit (unpaid rent), 3-Day Cure-or-Quit (breach), 30-Day or 60-Day termination for month-to-month, and specialized “just cause” notices under AB 1482. Notices must state exact amounts owed, be signed, and served properly per CCP §1162. Learn full rules in our eviction process guide.

After notice expires, an unlawful detainer lawsuit can move from filing to sheriff lockout in roughly 45–75 days, depending on county backlogs and tenant responses. A contested jury trial extends timelines. Detailed timeline charts appear in our step-by-step guide.

If the notice is for non-payment, you may pay the full amount plus any allowable late fees within the three days. Obtain a written receipt. Partial payments can be refused unless the landlord agrees in writing. After a 3-Day Cure-or-Quit for breach, proof of cure (e.g., removing an unauthorized pet) is required.

Defenses include improper notice, retaliatory motive, discrimination, rent-control violations, or uninhabitable conditions. Tenants can file an Answer within five court days. Our dispute tools explain how to prepare evidence and request jury trial fees.

Landlords must store left-behind property for at least 15 days (or 18 if notice mailed) and provide a written inventory. Tenants can reclaim by paying reasonable storage costs. Unclaimed items may be sold or disposed of. Review Civil Code §1983 for exact steps and costs.

Civil Code §1954 requires at least 24-hour written notice for non-emergency entry, stating date, time, and purpose. Saturdays, Sundays, and holidays count. Emergency situations (burst pipe, fire) need no notice. Text messages count if your lease allows electronic delivery. Read more in privacy rights.

Inspections must be reasonable in frequency—typically once every six months unless addressing a specific issue. Excessive “spot checks” may constitute harassment. Tenants can propose alternate times in writing.

No. A 30-minute text violates the 24-hour written notice requirement unless you expressly consent each time. Keep the text as evidence and send a polite reminder quoting Civil Code §1954. Repeat violations can be reported to local code enforcement.

Exterior and common-area cameras are generally permissible if they do not record audio and are disclosed. Cameras inside private spaces (bedroom, bathroom) are illegal. Check our privacy guide for nuance.

Document each incident (date, time, witnesses), send a cease-and-desist letter, and, if behavior continues, file a police report for trespass or seek an injunction. Retaliation for complaining is forbidden by Civil Code §1942.5.

AB 1482 limits annual increases to 5 % plus inflation, capped at 10 %. CPI is measured by region. For example, if CPI is 3 %, the maximum raise is 8 %. Increases above this are void. See our rent-control page for exemptions.

Many cities—Los Angeles, San Francisco, Berkeley—have stricter caps and older building cut-offs. If your unit is covered by local ordinance, that rule controls. Our ordinance lookup explains how to confirm coverage.

For hikes of 10 % or less in a 12-month period, 30 days written notice is required. Above 10 %, the law demands 90 days. The notice must state the old rent, new rent, and effective date. Email notice is valid only if you opted in.

Late fees are allowed if the lease specifies a reasonable amount. Some rent-controlled jurisdictions cap or forbid late fees. Check your city’s rules. Example: Los Angeles RSO limits late fees to 1 % of the monthly rent.

The excess portion is void, and the tenant can refuse payment of the illegal amount. Send a written response citing AB 1482 and pay the lawful portion. Persistent overcharging can be reported to local rent boards or used as a defense in eviction.