Common California Landlord Issues & How to Handle Them

Navigating California landlord issues can feel overwhelming—unfixed leaks, withheld deposits, surprise entries, and sudden rent hikes are only a few headaches renters face. This one-stop roadmap arms you with proven tenant remedies California statutes provide, from 24-hour entry rules to statewide rent caps. Whether you need repairs done tomorrow or must combat an illegal rent increase under AB 1482, the guidance below links directly to tools, letters, and agencies that keep landlords accountable and protect your rights.

Repairs: landlord has 30 days to fix habitability defects after notice.
Security deposit: 21-day refund or itemized deductions.
Illegal entry: 24-hour written notice required, emergencies excepted.
Rent hikes: AB 1482 caps at 5 % + CPI (≤10 %) per year.
Tenant showing leaking ceiling to California landlord during inspection

Unresponsive Repairs: What to Do When Your Landlord Ignores You

Few landlord problems California tenants report more often than slow or absent repairs. California Civil Code § 1941.1 requires rentals be “fit for occupation,” covering hot water, heat, weather-tight walls and more. Cosmetic wear can wait, but habitability issues—mold, lack of heat, broken windows, exposed wiring—trigger a 30-day deadline after the landlord receives written notice. For life-safety emergencies (no running water, gas leaks) courts expect action “within a reasonable time,” often 24–72 hours.

Start by documenting every defect with clear date-stamped photos or video. Next, serve a certified repair request letter citing Civil Code §§ 1941 & 1942. Allow access—California tenants must provide reasonable entry from 8 a.m. to 5 p.m. with 24-hour notice. If the landlord refuses or misses the 30-day window, you may “repair-and-deduct” up to one month’s rent or file a code-enforcement complaint. Remember: overusing repair-and-deduct can backfire; keep receipts and limit to two repairs per year.

  • Photograph defects from multiple angles.
  • Send certified letter; save tracking.
  • Mark the 30-day deadline on your phone.
  • If ignored, hire a licensed contractor and deduct.
  • File a code complaint if habitability still lacking.

Your Next Moves

  • Review habitability standards to confirm violation.
  • Download the repair letter template and serve today.
  • Consider mediation if the landlord responds but stalls on timing.

Deposit Disputes: Fighting for Every Dollar Back

A security deposit dispute CA often erupts at move-out. California’s 21-day rule under Civil Code § 1950.5 forces landlords to refund or send an itemized statement of deductions within three weeks. Legitimate deductions cover unpaid rent, cleaning beyond move-in condition, and damage exceeding ordinary wear. “Nail holes the size of a pin” are normal; “broken bedroom window” is deductible.

Use the deposit deadline calculator to confirm the exact due date. If nothing arrives, send a demand letter—our forthcoming security-deposit-demand letter cites statutory damages of up to twice the amount. Small-claims court handles disputes up to $12,500 with no lawyer required. Collect your move-in photos, cleaning receipts, and the landlord’s itemization (if any) before filing.

Your Next Moves

  • Mark 21 days from key return using the calculator.
  • Send demand letter on Day 22 if no refund.
  • Prepare evidence bundle for small-claims.

Illegal Entry: Guarding Your Privacy

California Civil Code § 1954 sets a firm 24-hour written notice rule before a landlord may enter, except during emergencies (fire, burst pipes) or if you verbally agree to shorter notice at the moment. Entries must occur during “reasonable hours,” generally 8 a.m.–5 p.m. Repeated surprise visits or intimidation qualifies as illegal landlord entry and may trigger a statutory penalty of $2,000 per incident if willful.

Respond promptly with a calm, written objection. Our Landlord Entry Rules tool helps draft a letter affirming your right to proper notice while offering alternative times. Keep a log: date, time, who entered, and purpose. For severe violations, consider a police non-emergency report or temporary restraining order.

  • Require 24-hour written notice.
  • Limit entry to business hours.
  • Document unauthorized entries on video.
  • Send certified objection letter if pattern continues.

Your Next Moves

  • Use the entry letter generator to set boundaries.
  • Log each violation; escalate after two incidents.
  • File in small claims if damages exceed $2,000 total.

Rent Overcharges: Calculating the Legal Cap

Since 2020, AB 1482 limits most rent hikes to 5 % plus the local Consumer Price Index, never above 10 % in any 12-month period. Certain cities—Los Angeles, San Francisco, Berkeley—impose even stricter rules. To check a suspected overcharge, start with last year’s rent, add 5 %, then add CPI from the Bureau of Labor Statistics. If that number exceeds 10 %, the hard ceiling applies.

Exemptions exist: single-family homes (with disclosure), new construction under 15 years, and subsidized housing. Even exempt units require a 30-day written notice for increases below 10 % and 90 days for higher proposals. Use our rent-increase calculator to confirm the exact limit. If your landlord demands more, respond with a written objection, keep paying the lawful portion, and file a petition with your local rent board if available.

  • Calculate 5 % + CPI (≤10 %).
  • Landlord may raise rent only once per year.
  • Overcharge paid? Demand refund within 30 days.

Your Next Moves

  • Run the calculator with current CPI.
  • Send a rollback letter if the notice exceeds the cap.
  • File rent board petition or small-claims for overcharge.

Harassment & Retaliation: Drawing the Line

California Civil Code § 1940.2 prohibits landlords from using threats, intimidation, or interference to force tenants out or waive rights. Common tactics include shutting off utilities, verbal abuse, or filing baseless eviction suits. Further, Civil Code § 1942.5 bans rent hikes, eviction threats, or service reductions for 180 days after you assert a legal right—such as requesting repairs or forming a tenant union.

Keep a detailed log of each incident—date, time, witnesses, screenshots. Retaliation claims thrive on timelines. A polite cease-and-desist letter often stops the behavior; you can adapt our template on the retaliation guide. Courts may award actual damages and civil penalties up to $2,000 per violation, plus attorney fees for proven harassment.

  • Log every call, email, or text.
  • Serve formal cease-and-desist for repeated conduct.
  • Seek restraining order if threats escalate.

Your Next Moves

  • Send cease-and-desist; wait five days for response.
  • File police report for criminal acts.
  • Consult legal aid before withholding rent.

Lease Violations: Notices, Cure Periods & Mediation

When tenants breach a lease—unauthorized pets, noise complaints, late fees—the landlord typically serves a “Notice to Perform or Quit” under Code of Civil Procedure § 1161. The notice must describe the violation and allow a reasonable cure period (often 3–10 days). Minor issues like replacing missing smoke-detector batteries can be fixed quickly, while unapproved subletting may require extra paperwork. Failure to cure allows the landlord to file an unlawful detainer lawsuit, so act fast.

Always verify the notice elements: date, address, signature, cure period, and service method. Some infractions are subjective—“excessive noise” may benefit from mediation rather than a court fight. Our dispute-resolution guide explains how free municipal mediators settle 65 % of conflicts, a preferable path to eviction court. For chronic or wrongful notices, consider the upcoming mediation-arbitration resource for structured settlement options.

  • Correct violation within cure window.
  • Keep written proof of compliance.
  • Suggest mediation when facts are disputed.

Your Next Moves

  • Read notice carefully—check cure deadline.
  • Document correction or send counter-notice.
  • Attend mediation before the landlord files eviction.

Which Agency Should You Contact?

IssuePrimary AgencyPhoneOnline Form
Uninhabitable Conditions Local Code Enforcement Varies by city Check city website
Security Deposit Small Claims Court Advisor (800) 593-8222 State Courts Self-Help
Rent Caps & Overcharges Local Rent Board Varies by city Board Online Portal
Harassment & Retaliation CA Dept. of Consumer Affairs (800) 952-5210 DCA Complaint Form
Fair Housing Violations DFEH Civil Rights Dept. (800) 884-1684 DFEH Online Intake

Frequently Asked Questions

Yes, but only under narrow circumstances. California allows limited rent withholding when habitability defects make the unit unlivable—think no heat in winter or sewage backups. Courts expect tenants to give written notice, allow access, and set a reasonable repair deadline first. Judges may order you to deposit rent into court rather than stop paying outright. Most attorneys advise sending a certified repair request, waiting 30 days (or less for emergencies), then choosing either “repair-and-deduct” up to one month’s rent or partial withholding coupled with a code complaint. Improper withholding risks eviction for non-payment, so document everything and consider mediation before taking this step.

Exempt units—generally single-family homes with proper disclosure or buildings less than 15 years old—have no statewide percentage cap. However, local rent-control ordinances may still apply. Los Angeles applies a 3 % cap to older RSO units, while San Francisco limits increases to 60 % of CPI (1.9 % for 2025). Even when no cap exists, Civil Code § 827 requires at least 30 days’ notice for increases below 10 % and 90 days when an increase would exceed 10 %. Always verify local rules and keep the notice for your records.

Judges want contemporaneous proof. Bring your signed lease, move-in and move-out photos (time-stamped), a completed move-in checklist, certified mail receipts showing notice of forwarding address, and any correspondence about deductions. If the landlord provided an itemized statement, highlight vague or unsupported charges and request missing receipts. Print bank statements or Venmo screenshots verifying rent was fully paid. Organize documents chronologically in a slim binder so the judge can skim quickly. Many tenants also prepare a simple chart: original deposit, allowable deductions, unlawful charges, and total refund owed. Well-labeled evidence often persuades the court within minutes.

Not usually. Civil Code § 1954 requires “written notice,” but does not specify format. Many judges accept e-mail but frown on informal texts because they omit key details (date, time range, reason for entry). Unless your lease explicitly authorizes electronic notice, insist on a paper posting on the door or an e-mail containing the same information. Reply to the text requesting formal notice and document screenshots. If the landlord text-enters anyway, you have stronger grounds to claim illegal entry and may seek the $2,000 statutory penalty for willful violations.

Retaliation occurs when a landlord punishes you for exercising a legal right—reporting code violations, joining a tenant union, requesting repairs, or withholding rent for habitability. Examples include sudden rent increases, eviction notices, shutting off utilities, or refusing to renew a lease within 180 days of the protected activity. Civil Code § 1942.5 presumes retaliation during that window, shifting the burden to the landlord to prove otherwise. Keep a paper trail: the date you asserted your right and the date of the adverse action. Courts may award damages, attorney fees, and a full defense to eviction if retaliation is proven.

Legal References

CitationSummary
Civil Code § 1941–1942 Defines habitability standards and repair-and-deduct rights.
Civil Code § 1950.5 Sets deposit limits, 21-day return deadline, and penalties for bad-faith withholding.
Civil Code § 1954 Governs landlord entry notice requirements and statutory penalties for violations.
AB 1482 (Civil Code § 1947.12) Statewide rent cap: 5 % + CPI, 10 % maximum; one increase per 12 months.
Los Angeles Rent Board Local RSO; 3 % cap, relocation rules—
San Francisco Rent Board 1.9 % cap, petition process—
Oakland RAP 3.5 % cap, registration—
Berkeley Rent Board 2 % cap, fee schedule—
San José Rent Program 4 % cap on pre-1979 units—
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