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 the Los Angeles Rent Stabilization Ordinance, landlords of RSO-covered units may only evict tenants for specific, enumerated 'just causes.' These include at-fault reasons such as nonpayment of rent, material breach of the lease, creating a nuisance, using the unit for illegal purposes, refusing to sign a substantially similar renewal lease, or refusing the landlord reasonable access to the unit. No-fault just causes include the landlord's desire to occupy the unit personally (or for an immediate family member), removal of the unit from the rental market under the Ellis Act, demolition of the building, compliance with a government order, or major capital improvements requiring vacancy. For no-fault evictions, the landlord must provide relocation assistance to displaced tenants. The relocation assistance amounts are updated annually and vary based on factors such as the tenant's age, disability status, length of tenancy, and whether the tenant has minor children. Failure to pay relocation assistance is a defense to the eviction.

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.

If your rental unit has conditions that make it unlivable or violate health and safety codes, and your landlord fails to fix them within a reasonable time after you notify them, you have the right to make the repairs yourself and deduct the cost from your rent. The repair cost cannot exceed one month's rent, and you can only use this remedy twice in any 12-month period. Before using this remedy, you should notify your landlord in writing and give them reasonable time to make the repair.

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.