California landlord and tenant rules

Seayora publishes 16 California rules, covering security deposits, notice periods, applications, evictions, rent regulation, fair housing, tenant protections, repairs, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

California at a glance

RuleCalifornia
How long does a landlord have to return a security deposit in California?21 days
How much can a landlord charge for a security deposit in California?1 month of rent
How many days does a tenant get to pay late rent in California?3 business days to pay
How much notice does a landlord have to give before entering in California?24 hours
How much notice does a landlord have to give before raising the rent in California?30 days (90 for more than 10%)
How much notice must a landlord give to end a tenancy in California?30 / 60 days by tenancy length
How much can a landlord charge for a rental application fee in California?$30, adjusted for inflation since 1998
Can a landlord change the locks to force a tenant out in California?A landlord who locks out a tenant, removes belongings or cuts a utility is liable for actual damages plus $100 per day, minimum $250, and the tenant may recover possession.
Does a landlord need a reason to evict a tenant in California?The Tenant Protection Act applies just cause to most units after 12 months of tenancy, and caps rent increases.
How long does a tenant have to respond to an eviction case in California?Ten court days, excluding Saturdays, Sundays and judicial holidays, since AB 2347 took effect on 1 January 2025.
What are the steps to evict a tenant for unpaid rent in California?Serve a 3-day notice to pay rent or quit
Is there rent control in California?Statewide: 5% plus regional CPI, never more than 10%
Can a landlord refuse a Section 8 voucher in California?Protected: a landlord may not refuse one
Can a landlord retaliate against a tenant for complaining in California?Barred for 180 days
Can a tenant repair and deduct from rent in California?Up to one month’s rent, twice a year
Do contractors charge sales tax in California?Consumer of materials

Security deposits in California

How long does a landlord have to return a security deposit in California?

In California, a landlord has 21 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. This is Cal. Civ. Code § 1950.5.

Full answer and the checkable figures.

How much can a landlord charge for a security deposit in California?

In California, a security deposit is capped at 1 month of rent. One month's rent from 1 July 2024 (two months for small owners holding ≤2 properties / ≤4 units). This is Cal. Civ. Code § 1950.5.

Full answer and the checkable figures.

Notice periods in California

How many days does a tenant get to pay late rent in California?

In California, before starting a nonpayment case a landlord must serve a written notice giving the tenant 3 business days to pay the rent due. The three days exclude Saturdays, Sundays and judicial holidays (CCP § 1161(2), as amended by AB 2343 in 2019), so a notice served on a Thursday does not expire until the following Tuesday. This is Cal. Civ. Code §§ 827, 1946.1, 1954; CCP § 1161.

A rent increase of 10 % or less — counting every increase in the previous twelve months — needs 30 days; more than 10 % needs 90. Month-to-month terminations need 30 days under a year, 60 days after. Entry: 24 hours written. Late rent: 3-day pay-or-quit.

Full answer and the checkable figures.

How much notice does a landlord have to give before entering in California?

In California, a landlord must give 24 hours notice before entering an occupied rental, other than in an emergency. This is Cal. Civ. Code §§ 827, 1946.1, 1954; CCP § 1161.

A rent increase of 10 % or less — counting every increase in the previous twelve months — needs 30 days; more than 10 % needs 90. Month-to-month terminations need 30 days under a year, 60 days after. Entry: 24 hours written. Late rent: 3-day pay-or-quit.

Full answer and the checkable figures.

How much notice does a landlord have to give before raising the rent in California?

In California, a landlord must give 30 days written notice before a rent increase of 10% or less, and 90 days before an increase of more than 10%. Every increase in the previous twelve months counts toward the 10%. This is Cal. Civ. Code §§ 827, 1946.1, 1954; CCP § 1161.

A rent increase of 10 % or less — counting every increase in the previous twelve months — needs 30 days; more than 10 % needs 90. Month-to-month terminations need 30 days under a year, 60 days after. Entry: 24 hours written. Late rent: 3-day pay-or-quit.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in California?

In California, the notice required to end a tenancy or decline to renew depends on how long the tenant has lived there: Less than 12 months — 30 days; 12 months or more — 60 days. Once a tenant has lived there twelve months, the Tenant Protection Act (Cal. Civ. Code § 1946.2) requires a just cause to end most tenancies. This is Cal. Civ. Code §§ 827, 1946.1, 1954; CCP § 1161.

A rent increase of 10 % or less — counting every increase in the previous twelve months — needs 30 days; more than 10 % needs 90. Month-to-month terminations need 30 days under a year, 60 days after. Entry: 24 hours written. Late rent: 3-day pay-or-quit.

Full answer and the checkable figures.

Applications in California

How much can a landlord charge for a rental application fee in California?

In California, an application screening fee may not exceed $30, adjusted each year since 1 January 1998 for increases in the Consumer Price Index — the statute itself publishes no adjusted figure. This is Cal. Civ. Code § 1950.6.

Full answer and the checkable figures.

Evictions in California

Can a landlord change the locks to force a tenant out in California?

No. A landlord who locks out a tenant, removes belongings or cuts a utility is liable for actual damages plus $100 per day, minimum $250, and the tenant may recover possession. Cal. Civ. Code § 789.3. In California a tenant may be removed only through the court process, which is set by Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act).

The three-day notice period and the ten-court-day response period both exclude weekends and judicial holidays. A three-day notice that demands more than is actually due is void in California, and the case fails with it.

Full answer and the checkable figures.

Does a landlord need a reason to evict a tenant in California?

Yes, for most tenancies. The Tenant Protection Act applies just cause to most units after 12 months of tenancy, and caps rent increases. Nonpayment is a just cause, but the notice and the relocation rules differ for "no-fault" grounds. In California the eviction procedure itself is set by Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act).

The three-day notice period and the ten-court-day response period both exclude weekends and judicial holidays. A three-day notice that demands more than is actually due is void in California, and the case fails with it.

Full answer and the checkable figures.

How long does a tenant have to respond to an eviction case in California?

In California, the time a tenant has to respond to an eviction case is governed by Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act). Ten court days, excluding Saturdays, Sundays and judicial holidays, since AB 2347 took effect on 1 January 2025. It was five court days before that.

The three-day notice period and the ten-court-day response period both exclude weekends and judicial holidays. A three-day notice that demands more than is actually due is void in California, and the case fails with it.

Full answer and the checkable figures.

What are the steps to evict a tenant for unpaid rent in California?

In California, an eviction for unpaid rent runs through 7 steps, each set by the statute or court rule beside it: (1) Serve a 3-day notice to pay rent or quit — Cal. Code Civ. Proc. § 1161(2); (2) Wait 3 court days, excluding weekends and holidays — Cal. Code Civ. Proc. § 1161(2); (3) File the unlawful detainer complaint — Cal. Code Civ. Proc. § 1166; (4) Serve the summons and complaint — Cal. Code Civ. Proc. § 415.10 et seq.; (5) Ten court days to respond — Cal. Code Civ. Proc. §§ 1167, 1170.5 (as amended by AB 2347); (6) Trial — Cal. Code Civ. Proc. § 1170.5; (7) Writ of possession and the sheriff’s 5-day notice — Cal. Code Civ. Proc. § 715.010. The three-day notice period and the ten-court-day response period both exclude weekends and judicial holidays. A three-day notice that demands more than is actually due is void in California, and the case fails with it. City of Los Angeles and San Francisco add requirements of their own. The procedure as a whole is set by Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act).

The three-day notice period and the ten-court-day response period both exclude weekends and judicial holidays. A three-day notice that demands more than is actually due is void in California, and the case fails with it.

Full answer and the checkable figures.

Rent regulation in California

Is there rent control in California?

Yes. In California, the Tenant Protection Act caps rent increases on most residential units at 5% plus the change in the regional Consumer Price Index, or 10%, whichever is lower, over any 12-month period, and requires a just cause to end most tenancies after 12 months. Units built within the last 15 years, and single-family homes and condominiums not owned by a REIT, a corporation or an LLC with a corporate member (where the owner gives the required notice), are exempt. Cities such as Los Angeles and San Francisco apply stricter local rent control to the units they cover. This is Cal. Civ. Code §§ 1947.12, 1946.2.

Full answer and the checkable figures.

Fair housing in California

Can a landlord refuse a Section 8 voucher in California?

No, not in most cases. In California, a landlord may not discriminate against anyone because of source of income, which the law defines to include federal, state and local housing subsidies, including Section 8 Housing Choice Vouchers and HUD-VASH vouchers. A landlord may still ask about the level or source of an applicant’s income. This is Cal. Gov. Code § 12955.

Full answer and the checkable figures.

Tenant protections in California

Can a landlord retaliate against a tenant for complaining in California?

No. In California, a landlord may not recover possession, raise the rent or cut services within 180 days after a tenant who is current on rent makes a good-faith repair request, complains to a government agency about habitability, or wins a habitability case, and threatening to report a tenant to immigration authorities is retaliation. A tenant may use the 180-day protection once in any 12 months, and a landlord who states a good-faith reason in the notice may still act within the period. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is Cal. Civ. Code § 1942.5.

Full answer and the checkable figures.

Repairs in California

Can a tenant repair and deduct from rent in California?

Yes, within limits. In California, if a landlord does not repair conditions that make the home untenantable within a reasonable time after notice, the tenant may make the repair and deduct its cost from the rent when it costs no more than one month’s rent, or move out and owe no further rent. The remedy may be used no more than twice in any 12 months, acting after the 30th day following notice is presumed to be a reasonable time, and it is not available for damage the tenant caused. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is Cal. Civ. Code § 1942.

Full answer and the checkable figures.

Contractor sales tax in California

Do contractors charge sales tax in California?

In California a contractor is treated as the CONSUMER of the materials they build into real property. That means the contractor pays sales tax when they buy the materials, and does not add sales tax to the customer's invoice for that work — the tax is already inside the price. California also has county, city or special-district rates on top of the state rate, so the rate depends on where the job site is, not where the contractor is based. Source: Cal. Code Regs. tit. 18, §1521 (construction contractors are the consumers of materials; retailers of fixtures they furnish and install).

Materials vs FIXTURES is the California-specific split: the contractor is the consumer of materials but the RETAILER of fixtures, taxed on the fixture's selling price. A time-and-materials contract that separately states tax on a marked-up material price makes the contractor the retailer of those materials too.

Full answer and the checkable figures.

Sources

  • Cal. Civ. Code § 1942
  • Cal. Civ. Code § 1942.5
  • Cal. Civ. Code § 1950.5
  • Cal. Civ. Code § 1950.6
  • Cal. Civ. Code §§ 1947.12, 1946.2
  • Cal. Civ. Code §§ 827, 1946.1, 1954; CCP § 1161
  • Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act)
  • Cal. Code Regs. tit. 18, §1521 (construction contractors are the consumers of materials; retailers of fixtures they furnish and install).
  • Cal. Gov. Code § 12955

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Applications. This page states what the state allows a landlord to charge somebody applying to rent, so a fee can be checked against it before it is advertised or collected.

Evictions. Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.

Rent regulation. This page states whether the state lets its cities control rent, and any statewide limit on an increase, so a renewal can be checked before it is offered. In New York City, Seayora’s rent-increase advisor goes further: it computes the highest increase the Rent Guidelines Board order and the Good Cause standard allow for each apartment, with the law cited, and gives no number where the law is not verified.

Fair housing. This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.

Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

Repairs. Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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