Tenant rights in California.
A working reference for what California’s residential tenancy law actually requires — the kind of details a lease can’t legally override, and the citations that back them.
Regulator · California Department of Real Estate · local rent boards
Security deposit capped at 1 month's rent (unfurnished and furnished, effective July 1 2024). Must be returned within 21 days of move-out with itemized deductions.
California Civil Code §1950.5 (Cal. Civ. Code §1950.5)
Statewide rent cap of 5% + local CPI (max 10%) per 12-month period for buildings 15+ years old. Just-cause eviction required after 12 months.
California Tenant Protection Act (AB 1482) (Cal. Civ. Code §1946.2 / §1947.12)
Landlord must give at least 24 hours' written notice before entry, except for emergencies. Entry only during normal business hours.
California Civil Code §1954 (Cal. Civ. Code §1954)
Tenant may repair and deduct up to one month's rent for habitability defects after reasonable notice — limited to twice in any 12-month period.
California Civil Code §1942 (Cal. Civ. Code §1942)
Landlord may not retaliate against a tenant who exercises legal rights (e.g., complaining to a code enforcement agency) within 180 days.
California Civil Code §1940.2 (Cal. Civ. Code §1940.2)
Things a lease can’t change.
- Late fees must be a reasonable estimate of actual costs — courts have struck down flat 10% fees as unenforceable liquidated damages.
- Pre-dispute jury-trial waivers in residential leases are generally void under California public policy.
- Implied warranty of habitability cannot be waived (Green v. Superior Court, 1974).
Where to escalate.
Informational, not legal advice. Statutes change — verify current text before relying on a citation.