Renting in California
Your rights as a tenant in California
In California, the security deposit can be up to 1 month of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in California
- Maximum deposit
- Up to 1 month of rent
- Cal. Civ. Code §1950.5(c)(1), (c)(4)
- To return your deposit
- 21 days
- Cal. Civ. Code §1950.5
- Notice for late rent
- 3 court days
- Cal. Code Civ. Proc. §1161(2)
What the law says
The rules, one by one
The basic rules for renting in California, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
-
How much can they charge for a deposit?
Up to 1 month of rent
In California, the security deposit can be up to 1 month's rent since July 1, 2024. If the landlord is a person (or an LLC made up only of people) who owns no more than 2 rental properties with no more than 4 units in total, the limit is 2 months' rent.
What the law says · Cal. Civ. Code §1950.5(c)(1), (c)(4)
“After July 1, 2024, the limit is one month’s rent. For landlords who own no more than two residential rental properties that collectively include no more than four total units for rent, the limit is two times the monthly rent, but only if the landlord is a natural person or a limited liability company in which all members are natural persons.”
Source: California Attorney General (Department of Justice) · Verified on October 16, 2026
-
When must they return my deposit?
21 days
After you move out, the landlord has 21 days to return the deposit. They may keep part of it only for the uses the law allows, and must give you a written itemized statement.
What the law says · Cal. Civ. Code §1950.5
“Within 21 days of the tenant moving out, the landlord must return the security deposit, except for amounts deducted for these lawful purposes, and provide an itemized statement.”
Source: California Attorney General (Department of Justice) · Verified on October 16, 2026
-
If I fall behind on rent, what notice must I get?
3 court days
If you owe rent, the landlord can give you a 3-day notice to pay or move out. When counting the 3 days, do not count Saturdays, Sundays, or court holidays. The notice can only ask for past-due rent, not late fees.
What the law says · Cal. Code Civ. Proc. §1161(2)
“That all the past due rent must be paid within 3 days or you must move out”
Source: California Courts Self-Help Guide · Verified on October 16, 2026
-
How much notice ends a month-to-month rental?
30 or 60 days, depending on the case
To end a month-to-month rental, the landlord uses a 30-day notice if you have rented for less than 1 year, or a 60-day notice if you have rented for 1 year or more. Often the landlord also needs a just cause.
What the law says · Cal. Civ. Code §1946.1(b), (c)
“A landlord uses a 30-day Notice to Quit (move out) to end a month-to-month tenancy if the tenant has been renting for less than 1 year. A landlord uses a 60-day Notice to Quit if their tenant has been renting for 1 year or more.”
Source: California Courts Self-Help Guide · Verified on October 16, 2026
-
How much notice before a rent increase?
30 or 90 days, depending on the case
If you rent month to month (or another term that renews on its own), the landlord must give you written notice at least 30 days before a rent increase of 10% or less. If the increase is more than 10%, the notice must be at least 90 days.
What the law says · Cal. Civ. Code §827(b)
“For rental agreements with periodic terms (e.g., week-to-week or month-to-month), properties subject to the Tenant Protection Act require 30 days’ written notice prior to any proposed rent increase. If the property is exempt from the State rent limit and no local rent stabilization ordinances apply, the landlord must provide the tenant with either 30 days’ notice (if the rent increase is 10 percent or less) or 90 days’ advanced written notice (if the rent increase is more than 10 percent).”
Source: California Department of Real Estate, California Tenants guide (2026 edition) · Verified on October 31, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
-
Only a court order can remove you
Yes: state law says so
It is illegal for a landlord to try to force you out by changing the locks, cutting off water or electricity, or removing your things. The only legal way to evict you is through a court case.
What the law says · Cal. Civ. Code §789.3
“It is illegal to try to "evict" a tenant by locking them out, shutting off the water or electricity, or removing their personal property. The only lawful way to evict a tenant is to file a case in court and go through the legal process.”
-
Protection from retaliation
Yes: state law says so
The landlord cannot punish you for using your rights. For example, they cannot try to evict you because you asked for repairs or said a rent increase is unlawful. They also cannot take away services you already had, like storage or parking.
What the law says · Cal. Civ. Code §1942.5
“Landlords may not retaliate against tenants for exercising their rights. For example, it is against the law for a landlord to try to evict a tenant who has asked for repairs or pointed out that a rent increase is unlawful, or to take away services or rights that the tenant previously enjoyed, like a storage space or parking. (Civ. Code § 1942.5.)”
-
Protection related to immigration status
Yes: state law says so
In California, a landlord cannot ask about your immigration or citizenship status, or make you state anything about it. The exception is when federal law requires it for certain housing programs.
What the law says · Cal. Civ. Code §1940.3
“Except as may be specifically required by federal law for certain housing programs, a landlord may not inquire as to the immigration or citizenship status of the tenant or prospective tenant, or require that a tenant or prospective tenant make any statement concerning his or her immigration or citizenship status.”
California Department of Real Estate, California Tenants guide (2026 edition)
-
Repair and deduct from the rent
Yes: state law says so
You can pay for a repair and deduct it from the rent, with limits: the repair cannot cost more than 1 month's rent, and you can do this only twice in 12 months. Other requirements apply, like telling the landlord and giving a reasonable time.
What the law says · Cal. Civ. Code §1942
“2. The repairs cannot cost more than one month’s rent. 3. The tenant cannot use the repair and deduct remedy more than twice in any 12-month period.”
California Department of Real Estate, California Tenants guide (2026 edition)
Eviction
How an eviction works in California
Step by step, with the time periods the law sets. No landlord can skip the court.
-
3-day notice to pay rent or quit
at least 3 court days
What the law says · Cal. Code Civ. Proc. §1161(2)
“Then count 3 days. Don't include Saturdays, Sundays, or court holidays.”
-
Landlord files the eviction case (Summons and Complaint)
What the law says
“If you get a Summons (form SUM-130) , this means your landlord started a court case asking a judge to order you to move out - to evict you.”
-
Deadline to file your Answer
up to 10 court days
What the law says · Cal. Code Civ. Proc. §1167
“You have 10 court days to file an Answer form or other legal forms after you’re handed (served) the Summons and Complaint forms.”
-
Trial
up to 20 days
What the law says · Cal. Code Civ. Proc. §1170.5(a)
“Normally, a date for a trial in front of a judge or jury will be set within 20 days after the tenant or the landlord files a request to set the case for trial.”
-
Judgment of possession
What the law says
“If the judge or jury decides your landlord can evict you, the court gives your landlord a Judgment of Possession (form UD-110)”
-
Writ and sheriff's Notice to Vacate / lockout
at least 5 days
What the law says · Cal. Code Civ. Proc. §715.010
“The sheriff gives you a Notice to Vacate—this gives you 5 days to move out.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
The California Civil Rights Department (CRD) enforces the state's fair housing laws. In general, a housing discrimination complaint must be filed within one year from the date of the alleged discriminatory act.
California Civil Rights Department (CRD)- California court Self-Help Centersselfhelp.courts.ca.gov
- Eviction guide for tenants (California Courts)selfhelp.courts.ca.gov
- LawHelpCA – find legal help by countylawhelpca.org
- Certified lawyer referral services (State Bar of California)calbar.ca.gov
- Recognized Organizations and Accredited Representatives Roster (EOIR, DOJ)justice.gov
Frequently asked questions
How much can a landlord charge for a deposit in California?
In California, the security deposit can be up to 1 month's rent since July 1, 2024. If the landlord is a person (or an LLC made up only of people) who owns no more than 2 rental properties with no more than 4 units in total, the limit is 2 months' rent. (Cal. Civ. Code §1950.5(c)(1), (c)(4))
When must a deposit be returned in California?
After you move out, the landlord has 21 days to return the deposit. They may keep part of it only for the uses the law allows, and must give you a written itemized statement. (Cal. Civ. Code §1950.5)
What notice is required for late rent in California?
If you owe rent, the landlord can give you a 3-day notice to pay or move out. When counting the 3 days, do not count Saturdays, Sundays, or court holidays. The notice can only ask for past-due rent, not late fees. (Cal. Code Civ. Proc. §1161(2))
How much notice ends a month-to-month rental in California?
To end a month-to-month rental, the landlord uses a 30-day notice if you have rented for less than 1 year, or a 60-day notice if you have rented for 1 year or more. Often the landlord also needs a just cause. (Cal. Civ. Code §1946.1(b), (c))
How much notice before a rent increase in California?
If you rent month to month (or another term that renews on its own), the landlord must give you written notice at least 30 days before a rent increase of 10% or less. If the increase is more than 10%, the notice must be at least 90 days. (Cal. Civ. Code §827(b))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these California rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- Are there limits on late fees? Not verified yet