US-CaliforniaHousing
Security deposits, eviction, repairs, rent increases, breaking a lease
23 questions
💰
Security Deposits
(3)How much can my landlord charge for a security deposit in California?
In California, your landlord can charge up to two months’ rent for an unfurnished unit or three months’ rent for a furnished unit as a security deposit.
How soon must my landlord return my security deposit after I move out?
Your landlord must return your security deposit, or provide an itemized written statement of deductions, within 21 days after you move out and surrender possession of the rental unit.
Can my landlord keep my deposit for normal wear and tear?
No, your landlord cannot keep your security deposit for normal wear and tear in California. They can only deduct for damage beyond ordinary use, cleaning, unpaid rent, or other lawful charges.
🔧
Repairs & Habitability
(4)Can I withhold rent if my landlord won't make repairs?
Yes, you may withhold rent in California if your landlord fails to fix serious habitability problems after proper written notice, but only under strict conditions and with risks.
Is my landlord required to keep my apartment habitable in California?
Yes, your landlord is legally required to keep your apartment habitable in California under the implied warranty of habitability.
Can I make repairs myself and deduct the cost from rent?
Yes, but only under strict conditions: the repair must fix a habitability issue, cost less than one month’s rent, and you must have given written notice and waited a reasonable time for the landlord to act.
Can my landlord retaliate against me for reporting code violations?
No, California law prohibits landlords from retaliating against tenants for reporting code violations, and such retaliation is illegal within 180 days of the complaint.
📈
Rent Increases
(4)What is the maximum rent increase allowed under California law?
In California, most rent-controlled units are subject to a maximum annual rent increase of 5% plus CPI (but never more than 10%), while non-controlled units have no statewide cap—except for the 90-day notice requirement for increases over 10%.
What notice must my landlord give before filing an eviction?
In California, your landlord must give you 30 days’ written notice for a rent increase of 10% or less in any 12-month period, and 90 days’ notice for increases over 10%. If you’ve lived in the unit for over a year, different rules may apply under local rent control laws.
What is the Tenant Protection Act (AB 1482) and does it apply to me?
The Tenant Protection Act (AB 1482) is California’s statewide rent cap and just-cause eviction law that applies to most rental units built more than 15 years ago — unless exempted. It likely applies to you if you rent a covered unit in California.
Does California rent control apply to single-family homes?
Generally, no — California rent control does not apply to single-family homes, unless the owner owns more than two such units or the home is part of a multi-unit property.
🚪
Evictions & Just Cause
(7)Can my landlord evict me without giving a reason?
In most cases, no — California law requires landlords to provide a valid legal reason (just cause) to evict tenants in cities with rent control or under the statewide Tenant Protection Act.
Can my landlord lock me out or shut off utilities to force me to leave?
No, your landlord cannot lock you out or shut off utilities to force you to leave — it's illegal under California law and can result in penalties up to $100 per day.
What notice must my landlord give before filing an eviction?
In California, your landlord must give you a written notice before filing an eviction — typically 3 days for nonpayment of rent, 30 or 60 days for no-fault terminations, depending on tenancy length and property type.
How quickly can my landlord evict me through unlawful detainer?
In California, an unlawful detainer (eviction) lawsuit can result in a court-ordered eviction in as little as 2–4 weeks after the landlord files the case — but only after proper notice and court proceedings.
Can my landlord refuse to renew my lease without cause under AB 1482?
Yes, your landlord can refuse to renew your lease without cause under AB 1482 — the law does not require landlords to renew leases at all.
What relocation assistance am I entitled to for a no-fault eviction?
In California, if you're evicted without fault (e.g., owner move-in or demolition), you may be entitled to relocation assistance — typically $5,260 for households with seniors or disabled members, and $3,300 for others — under state law and local ordinances.
What are valid just-cause reasons for eviction in California?
Valid just-cause reasons for eviction in California include nonpayment of rent, breach of lease terms, nuisance or waste, illegal activity, refusal to renew a lease under certain conditions, and owner move-in — but only if the landlord complies with state and local just-cause laws.
⚖️
Discrimination & Rights
(4)Does FEHA protect me from discrimination based on source of income?
No, the California Fair Employment and Housing Act (FEHA) does not protect against discrimination based on source of income.
Does my landlord have to accept my emotional support animal?
Yes, in most cases your landlord in California must allow your emotional support animal (ESA) as a reasonable accommodation under federal and state fair housing laws — unless it poses a direct threat or undue burden.
Can I sue my landlord for housing discrimination under FEHA?
Yes, you can sue your landlord for housing discrimination under the California Fair Employment and Housing Act (FEHA), which prohibits discrimination in housing based on protected characteristics like race, disability, or familial status.
Can my landlord refuse to rent to me because of my race or religion?
No, in California, landlords generally cannot refuse to rent to you because you have children — it's illegal discrimination under state and federal fair housing laws.