California Tenant Rights

When a landlord seeks to evict a tenant so that the owner (or the owner's close relative) can move into the unit, strict requirements must be met. The owner must intend to use the unit as their primary residence for at least 36 consecutive months. Elderly tenants (60 or older), disabled tenants, and families with minor children who have lived in the unit for at least a year receive special protections and generally cannot be evicted under owner move-in provisions. The landlord must provide relocation payments and file specific documents with the Rent Board. If the landlord does not actually move in and stay for the required period, the tenant may have the right to re-rent the unit and collect substantial damages.

Under California's Tenant Protection Act, landlords of covered properties cannot evict tenants who have lived in the unit for 12 months or more without a legally valid reason ('just cause'). Just cause reasons fall into two categories: 'at-fault' causes like nonpayment of rent or lease violations, and 'no-fault' causes like the owner moving in or major renovations. For no-fault evictions, the landlord must provide relocation assistance equal to one month's rent. This law covers most residential rental properties but exempts single-family homes (with some conditions), duplexes where the owner lives in one unit, and buildings constructed within the last 15 years.

California limits security deposits to one month's rent for most landlords (effective July 1, 2024 per AB 12). Small landlords (natural person owning 2 or fewer properties with 4 or fewer units) may charge up to two months' rent, except for servicemembers. Landlords must return deposits within 21 days with an itemized statement and photographs (photo requirement effective April 1, 2025). Deductions are limited to unpaid rent, cleaning, and tenant-caused damages beyond normal wear and tear. Bad faith retention can result in penalties up to twice the deposit amount.

It is illegal for your landlord to try to force you out by shutting off your utilities (water, heat, electricity, gas), changing the locks, removing doors or windows, or removing your personal property from the unit. These actions are considered 'self-help' evictions and are strictly prohibited regardless of whether you owe rent. If your landlord does any of these things, you can sue for actual damages, a penalty of $100 per day for each day the violation continues, and attorney's fees. The only legal way to remove a tenant is through the formal court eviction process.

California law requires landlords to provide tenants with information about bed bugs before they move in, including how to identify them and the importance of prompt reporting. Landlords are generally responsible for addressing bed bug infestations and cannot shift the cost of treatment to tenants unless the tenant caused the infestation. Landlords may not show or rent a unit that they know has a current bed bug infestation. If you discover bed bugs, report it to your landlord immediately in writing.

California's Tenant Protection Act limits annual rent increases to 5% plus the local Consumer Price Index (CPI), with a maximum cap of 10% total, whichever is lower. This applies to most residential rental properties that are more than 15 years old. Your landlord must give you at least 30 days' written notice for rent increases of 10% or less, and 90 days' notice for increases over 10%. Rent increases that exceed the cap are void and unenforceable. This law does not apply to units already covered by a local rent control ordinance that is more restrictive.

For rent-controlled units in San Francisco (generally those built before June 13, 1979), annual rent increases are limited to a percentage set by the Rent Board, which is tied to 60% of the increase in the Bay Area Consumer Price Index. The allowable increase is typically between 0% and 7%. Landlords may also petition for additional increases to cover capital improvements, increased operating and maintenance expenses, or to earn a fair return. Any rent increase must be preceded by proper written notice, and tenants have the right to petition the Rent Board if they believe an increase is unlawful.

If your landlord approaches you with an offer of money to voluntarily move out of your rent-controlled unit (a 'buyout agreement'), San Francisco law requires the landlord to follow specific disclosure procedures. The landlord must provide you with a written disclosure form from the Rent Board that explains your rights, including your right to refuse the offer, your right to consult an attorney, and your right to rescind (cancel) any signed agreement within 45 days. All buyout agreements must be filed with the Rent Board. You should never feel pressured to accept a buyout, and you are always free to say no without consequences.

The City of Los Angeles prohibits landlords from engaging in tenant harassment. The ordinance defines harassment as actions taken by a landlord to coerce a tenant to vacate a rental unit through intimidation or abuse rather than through lawful eviction procedures. Prohibited conduct includes threatening tenants with physical harm, making repeated unwanted contacts, influencing or attempting to influence a tenant to vacate through fraud or intimidation, interfering with a tenant's right to privacy or quiet enjoyment, removing a tenant's personal property from the unit, interrupting or discontinuing housing services such as water, gas, or electricity, refusing to accept rent payments or acknowledge receipt, and abusing the right of access to a unit. The ordinance also prohibits landlords from threatening to report tenants to immigration authorities and from engaging in construction or renovation activities designed primarily to harass rather than improve the property. Tenants who are victims of harassment may file complaints with the Los Angeles Housing Department and may bring civil lawsuits seeking damages, injunctive relief, civil penalties of up to $10,000 per violation, and attorney's fees.

California's Fair Employment and Housing Act makes it illegal for landlords to discriminate against tenants or prospective tenants based on race, color, religion, sex, gender, sexual orientation, gender identity, marital status, national origin, ancestry, familial status, disability, veteran status, or source of income. This means a landlord cannot refuse to rent to you, charge you more, or provide different terms or services because of any of these characteristics. California's protections go beyond federal fair housing law by including additional protected categories such as source of income (including housing vouchers) and gender identity. If you experience discrimination, you can file a complaint with the Department of Fair Employment and Housing.

Your landlord cannot retaliate against you for exercising your legal rights as a tenant. This means they cannot raise your rent, decrease services, or try to evict you because you complained about habitability issues, contacted a housing inspector, or organized with other tenants. If your landlord takes negative action within 180 days of you exercising a right, the law presumes it is retaliatory, and the landlord must prove otherwise. Retaliatory evictions are illegal and can be used as a defense in court.

The Los Angeles Rent Stabilization Ordinance provides strong protections against landlord retaliation. A landlord may not take adverse action against a tenant in retaliation for the tenant's exercise of rights under the RSO or other applicable law. Specifically, landlords are prohibited from increasing rent, decreasing housing services, threatening eviction, or commencing eviction proceedings in response to a tenant filing a complaint with the Los Angeles Housing Department, reporting code violations to any government agency, organizing or participating in a tenant association, or asserting any right protected under the RSO. If a landlord takes adverse action within 180 days of a tenant's protected activity, there is a rebuttable presumption that the action was retaliatory. Tenants who prevail on a retaliation claim can recover actual damages, statutory penalties, and reasonable attorney's fees. Landlords found to have acted in retaliation may also face enforcement actions from the LAHD, including the possibility of having their RSO registration revoked.

Your landlord can only enter your rental unit for specific legal reasons: to make repairs, show the unit to prospective tenants or buyers, in an emergency, or when you have abandoned the unit. Except in emergencies or when you have abandoned the unit, your landlord must give you at least 24 hours' written notice before entering, and entry must occur during normal business hours (generally 8am to 5pm on weekdays). Your landlord cannot abuse the right of entry or use it to harass you. If your landlord repeatedly enters without proper notice, this may constitute harassment.

The Los Angeles Rent Stabilization Ordinance (RSO) limits the amount by which landlords can increase rent for covered units. It applies to most residential rental units built before October 1, 1978. Under the RSO, landlords may impose one annual rent increase per year, and the allowable percentage is set annually by the Los Angeles Housing Department (LAHD) based on the Consumer Price Index. Historically, the allowable increase has ranged from 3% to 8%, though in recent years it has generally been between 3% and 4%. Landlords must register their units with the LAHD and pay an annual registration fee. They may apply to the LAHD for additional rent increases beyond the annual allowable amount under certain circumstances, such as capital improvements to the building, rehabilitation work, or to earn a just and reasonable return. Tenants have the right to contest any rent increase they believe violates the RSO by filing a complaint with the LAHD. Rent increases exceeding the allowable amount without prior LAHD approval are void and unenforceable.