California Tenant Rights Overview 2025

1. Habitability: Your Right to Safe & Livable Housing

Under California Civil Code §1941.1, landlords must deliver and maintain premises that are “fit for human habitation.” This requirement goes far beyond four walls and a roof. Homes must have reliable plumbing, heating capable of maintaining 70 °F in winter, working smoke detectors, intact weather-proofing, and safe electrical wiring. Pest infestation, toxic mold, or a broken front-door lock breach this duty even if the lease is silent. Importantly, habitability cannot be waived—any clause suggesting otherwise is void.

If something breaks, start with a dated written notice and allow a “reasonable time” (typically 30 days, or 24 hours for urgent threats like sewage backup). Keep copies of every request. Failure to act opens several tenant remedies—including repair-and-deduct, rent withholding, or, in extreme cases, constructive eviction. City inspectors can cite code violations and levy fines that motivate quick compliance. For deeper standards, visit our habitability guide.

2. Security Deposits: Limits, Deductions & Timelines

Landlords may collect a maximum of two months’ rent for an unfurnished unit and three months for furnished units. Additional half-month is permitted when a waterbed is approved. Landlords cannot label extra fees “cleaning fee” or “last month’s rent” to bypass these caps—everything counts toward the statutory maximum. California security deposit law further mandates a 21-day return after you surrender possession.

Permitted deductions include unpaid rent, cleaning necessary to restore the unit to its move-in level, repair of damage beyond ordinary wear, and replacement of lost keys or remotes. Itemized statements are required when deductions exceed $125, and landlords must attach copies of invoices or receipts. If they use their own labor, the statement must detail the hours and reasonable hourly rate.

• Nail holes from small picture hooks = normal wear
• Broken window during tenancy = deductible damage
• Carpet fading due to age = normal wear
• Large burn mark on countertop = deductible

3. Rent Increases: Statewide Cap & Local Rules

The Tenant Protection Act (AB 1482) remains in force through 2030, capping annual increases at 5 % plus local CPI, never above 10 % for properties built at least 15 years ago. Exemptions include single-family homes (with proper disclosure) and owner-occupied duplexes. Cities with rent control—Los Angeles, San Francisco, Oakland, Berkeley, Santa Monica—often impose stricter ceilings. For instance, Los Angeles currently limits hikes to 3 % in rent-stabilized units.

Landlords must serve written notice showing the math and citing AB 1482 when applicable. If the increase exceeds 10 %, a 90-day notice is required; otherwise, 30 days suffice. Tenants can petition local boards to rollback illegal increases or sue for treble damages. Explore deeper rules in our rent-increase guide.

4. Privacy & Entry: Understanding 24-Hour Notices

California Civil Code §1954 restricts entry to specific purposes—repairs, inspections, showings, and emergencies. A 24-hour written notice must state date, four-hour window, and purpose. For fumigation, 48 hours is mandatory. No notice is needed for true emergencies like active flooding or a gas leak. Tenants may refuse entry if the notice is defective or the landlord arrives outside the stated window. Persistent intrusions can justify legal damages or rent reduction. Learn more in our privacy & entry guide.

Best practice: respond in writing within hours, propose an alternate time, and document everything. If entry continues without notice, you can file a police trespass report or seek an injunction in Superior Court.

5. Anti-Retaliation: Shield Against Payback

California Civil Code §1942.5 bans landlords from raising rent, issuing eviction notices, or shutting off services to punish tenants for exercising rights—like requesting repairs, reporting code violations, or joining a tenant union. Any adverse action taken within six months of a protected act is presumed retaliatory, shifting the burden to the landlord. Tenants can recover actual damages, statutory penalties up to $2,000 per act, and sometimes attorney fees.

For deeper strategies, visit our retaliation guide.

6. Discrimination: Fair Housing Protections

California’s Fair Employment and Housing Act (FEHA) and the federal Fair Housing Act forbid discrimination on 17+ protected traits, including race, national origin, disability, gender identity, source of income, and more. Illegal conduct ranges from refusing to rent to steering to lesser units or setting different terms. Advertising “no Section 8” is also banned statewide.

Victims can file administrative complaints with the Civil Rights Department (formerly DFEH) or HUD within one year of the incident. Remedies include injunctive relief, out-of-pocket losses, and civil penalties. Keep screenshots of ads, emails, or text messages—the clock starts at first discriminatory act. A comprehensive guide is coming soon at discrimination/.

7. Eviction Process: From Notice to Sheriff Lockout

California eviction—known legally as unlawful detainer—starts with a proper notice: 3-Day Pay or Quit, 30/60-Day Termination, or specialized notices for nuisance or lease breach. After the notice period lapses, the landlord files a complaint in Superior Court, serving you with a Summons and Complaint. Tenants have five court days to answer. A trial can follow within 20 days, and judgments often issue on the spot.

If the landlord wins and you do not vacate, a Writ of Possession authorizes the sheriff to post a 5-Day Notice to Vacate. The entire process—from notice to lockout—can move in 30–60 days. Defenses include habitability issues, retaliation, discrimination, or improper service. For a detailed flowchart, see our eviction guide.

• 3-Day notices exclude weekends but include legal holidays.
• Filing fee waivers available for low-income tenants (FW-001 form).
• Small claims counter-suits up to $12,500 for wrongful deposit withholding.

8. Local Ordinances: City-Specific Enhancements

Many California cities overlay stricter standards atop state law. Rent control boards regulate annual increases, habitability programs impose faster repair deadlines, and relocation payments vary by city. Always verify local rules before acting. The table below highlights five jurisdictions where local ordinances can radically change your options.

Use our local ordinance lookup to confirm rules where you live.