Right to privacy — 24-hour notice
Your home is your home, even if you're renting. California Civil Code §1954 says your landlord must give you at least 24 hours written notice before entering your unit — except in a genuine emergency (fire, gas leak, flooding).
If your landlord enters without notice: Document it in writing immediately. Send them an email or letter noting the date, time, and that proper notice was not given. If it continues, you can seek legal remedies including rent reduction or lease termination.
Security deposit rules
California law strictly controls security deposits. As of 2024, AB 12 limits security deposits to a maximum of 1 month's rent for most landlords (2 months for small landlords with fewer than 2 properties).
| Rule | California Law |
|---|---|
| Maximum deposit | 1 month's rent (most landlords) |
| Deadline to return | 21 days after move-out |
| Itemized statement required? | Yes — must list every deduction |
| Deduction for normal wear and tear? | No — landlord must absorb this |
| Can landlord deduct for cleaning? | Only if unit was left significantly dirtier than move-in condition |
| Penalty for not returning on time | Up to 2x the deposit in damages |
Protect yourself: Take date-stamped photos and video of the entire unit at move-in AND move-out. Document every scratch, stain, and existing damage on a written move-in checklist and get it signed by your landlord. This evidence is crucial if they try to withhold your deposit.
Habitability — your landlord must maintain
California's "implied warranty of habitability" (Civil Code §1941) means your landlord is legally required to keep your unit safe and livable, whether or not it's mentioned in your lease. This includes:
- Functioning heating (required), air conditioning (not always required)
- Hot and cold running water
- Working plumbing, electrical, and gas systems
- Weatherproofing — roof, windows, and doors that keep out rain
- Pest-free conditions (roaches, rats, bedbugs are landlord's responsibility)
- Working smoke detectors and carbon monoxide detectors
- Deadbolts on exterior doors and locks on windows
If your landlord fails to make repairs after written notice, California law gives you several remedies — including "repair and deduct" (fix it yourself and deduct the cost from rent, up to one month's rent) and rent withholding until repairs are made.
How to request repairs correctly: Always request repairs in writing (email or certified letter). Keep copies. If the landlord doesn't respond within a reasonable time (usually 30 days for non-urgent issues, 24–72 hours for urgent like no heat or flooding), you can escalate legally. Written documentation protects you throughout the process.
Eviction — the legal process
Your landlord cannot simply lock you out or remove your belongings. In California, eviction (called "unlawful detainer") requires a specific legal process:
Illegal eviction ("self-help" eviction) is a crime: Changing your locks, removing doors, shutting off utilities, or removing your belongings without a court order is illegal in California. If a landlord does this, you can sue for actual damages plus up to $100/day in punitive damages. Call the police and document everything immediately.
Rent control and AB 1482
California's AB 1482 (Tenant Protection Act) applies to most rentals statewide and limits rent increases to 5% plus local CPI (up to 10% maximum) per year for covered units. It also requires "just cause" for eviction of tenants who have lived in a unit for at least 12 months.
Your unit may be exempt if it was built within the last 15 years, is a single-family home owned by an individual (with proper notice in the lease), or is a condo being sold separately from the building. Many cities (LA, San Francisco, Oakland, Berkeley) have additional, stronger local rent control ordinances that provide even more protection.