California Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

1 month's rent for most landlords (since July 1, 2024, AB 12); 2 months for small landlords (a natural person, or an LLC whose members are all natural persons, owning at most 2 residential rental properties with at most 4 units total). The small-landlord exception does not apply to service-member tenants. Deposits can never be 'non-refundable'.

Return deadline days

21 days

Itemization required

Yes

Source: Cal. Civ. Code § 1950.5

Late fees

Rule

No fixed cap, but late-fee clauses in residential leases are presumptively void unless the landlord shows actual damages from late payment were impracticable to fix and the fee is a reasonable estimate of them (Orozco v. Casimiro). Large flat or daily fees are vulnerable.

Source: Cal. Civ. Code § 1671

Landlord entry

Notice

24 hours' written notice is presumed reasonable (6 days if mailed); entry only for listed purposes and normally during business hours; emergencies excepted.

Source: Cal. Civ. Code § 1954

Ending a month-to-month tenancy

Tenant

30 days

Landlord

30 days if tenancy under 1 year; 60 days if 1 year or more. After 12 months most tenancies also need 'just cause' (Tenant Protection Act).

Source: Cal. Civ. Code §§ 1946, 1946.1, 1946.2

Rent increases

Rule

30 days' notice for increases of 10% or less; 90 days for more than 10% (month-to-month).

Statewide rent control

Yes for many units: Tenant Protection Act caps yearly increases at 5% + local CPI, max 10% (exemptions incl. buildings under 15 years old and many single-family homes with proper notice).

Source: Cal. Civ. Code §§ 827, 1947.12

Repairs & habitability

Rule

Landlord must keep the unit habitable; tenant may repair-and-deduct up to one month's rent, at most twice in 12 months, after reasonable notice. Waivers of these rights are void. For leases entered into, amended or renewed on or after Jan 1, 2026, a working stove and refrigerator are part of habitability (AB 628).

Source: Cal. Civ. Code §§ 1941.1, 1942, 1942.1

Retaliation

Rule

Landlord may not retaliate (rent increase, reduced services, eviction) within 180 days after the tenant exercises legal rights such as complaining about habitability.

Source: Cal. Civ. Code § 1942.5

Clauses often unenforceable in California

• Non-refundable security deposit or 'cleaning fee' taken from the deposit (Civ. Code 1950.5(n))
• Waiver of the right to a habitable home or to repair-and-deduct (Civ. Code 1942.1)
• Waiver of deposit rights, notice rights, or the right to sue the landlord; landlord not liable for its own negligence (Civ. Code 1953)
• One-sided attorney-fee clause (made reciprocal by Civ. Code 1717)
• Entry 'at any time without notice' (Civ. Code 1954)