What California landlord-tenant law requires of apartment owners
State of California landlord-tenant law is mostly found in the Civil Code, including sections 1946.1, 1946.2, 1947.12, 1950.5 and 1954, with the eviction rules in the Code of Civil Procedure. For an apartment owner, the parts that matter most are how much notice you must give, how much deposit you can take and how fast you must return it, when you can raise rent, and how an eviction moves through court.
The Department of Real Estate publishes a California Landlord-Tenant Guide that cites each code section, and the courts run a self-help site for evictions. Both were updated for 2026, and the figures on this page come from them.
Check your city’s ordinance, because many cities add stricter rules on top of state law.
California landlord laws at a glance
The table lists the main state rules for a residential tenancy in an apartment building. Local rent ordinances in cities such as Los Angeles, San Francisco and Oakland can require longer notices or larger relocation payments.
| Rule | California requirement | Code section |
|---|---|---|
| Ending a month-to-month tenancy | 30 days if any occupant has lived there under a year; 60 days if all have lived there a year or more; 90 days for some tenancies with rental assistance | Civ. Code 1946.1 |
| Just cause | Required once a tenant has lived there 12 months, for most units covered by the Tenant Protection Act | Civ. Code 1946.2 |
| No-fault termination | Relocation equal to one month’s rent, or waive the last month’s rent | Civ. Code 1946.2 |
| Nonpayment of rent | 3-day notice to pay or quit; weekends and court holidays don’t count | CCP 1161 |
| Rent increase notice | 30 days for 10% or less; 90 days for more than 10% (add 5 days if mailed) | Civ. Code 827 |
| Security deposit cap | One month’s rent, furnished or unfurnished, from July 1, 2024 | Civ. Code 1950.5 |
| Deposit return | 21 days after move-out, with an itemized statement; receipts for deductions over $125 | Civ. Code 1950.5(g) |
| Late fees | No dollar cap; must be a reasonable estimate of your actual costs, not a penalty | DRE guide; case law |
| Returned check fee | Up to $25 for the first, $35 for each later check | Civ. Code 1719 |
| Entry | Reasonable written notice, 24 hours presumed (6 days if mailed), during normal business hours | Civ. Code 1954 |
Notice periods for ending a tenancy
A California landlord must give 30 or 60 days’ written notice to end a month-to-month tenancy, and in most apartment buildings must also have a just cause once the tenant has been there 12 months. The 60-day notice applies when every occupant has lived in the unit for at least a year.
Just cause comes from the Tenant Protection Act, Civil Code 1946.2. At-fault causes include nonpayment, a material lease breach, nuisance and criminal activity. No-fault causes include owner move-in, withdrawal from the rental market, and demolition or substantial remodel. A no-fault termination requires you to pay relocation equal to one month’s rent or waive the final month. A notice that doesn’t state the cause can be thrown out in court.
Rent increases have their own notice rules under Civil Code 827. An increase of 10% or less needs 30 days’ written notice, and an increase of more than 10% needs 90 days, measured against the lowest rent charged in the past 12 months. Add five days when you mail the notice within California. For units covered by AB 1482, the increase can’t exceed the cap anyway, so the 30-day notice is the one most apartment owners use.
Security deposit rules in California
Since July 1, 2024, a California landlord can collect no more than one month’s rent as a security deposit, whether the unit is furnished or not. AB 12 cut the old limit of two or three months. Pet, key and cleaning deposits count toward the one-month cap.
There is a narrow small-landlord exception allowing two months, but it applies only to a natural person, or an LLC of natural persons, who owns no more than two properties with four or fewer rental units in total. Owners of five-plus unit buildings will almost never qualify.
You must return the deposit within 21 days after the tenant moves out, with an itemized statement of deductions. Deductions over $125 need receipts. AB 2801 added photo rules: you must photograph the unit before and after repairs at move-out, and for tenancies starting on or after July 1, 2025, at move-in as well. From 2026, AB 414 says a deposit paid electronically must be returned electronically unless you and the tenant agree otherwise.
How the eviction process works in California
An eviction in California is called an unlawful detainer, and it must go through court. You cannot change the locks, remove belongings or shut off utilities to force a tenant out.
The case starts after your notice expires. You file a complaint and have the tenant served. Since January 1, 2025, under AB 2347, the tenant has 10 court days to file an answer, up from 5. If the tenant answers, either side can request trial, which is generally set within 20 days of the request. If you win, the court issues a writ of possession, the sheriff posts it, and the tenant has 5 days to leave before the sheriff carries out the lockout.
The California Courts self-help site estimates 30 to 45 days or more from service of the court papers to move-out, and contested cases in busy counties often run longer. Under AB 2304, case records stay masked from the public unless you win a judgment within 60 days of filing.
| Stage | Typical time |
|---|---|
| Notice period (nonpayment) | 3 court days |
| Tenant’s time to answer after service | 10 court days |
| Trial after a request | Within about 20 days |
| Sheriff lockout after writ is posted | 5 days |
| Total, service to move-out | 30 to 45 days or more |
Rent control in California: AB 1482 and local ordinances
California has a statewide rent cap, and cities may adopt stricter local rent control. The Tenant Protection Act (AB 1482, Civil Code 1947.12) limits yearly increases to 5% plus the regional CPI change, or 10%, whichever is lower, with no more than two increases in any 12 months.
The cap does not apply to housing less than 15 years old, owner-occupied duplexes, or single-family homes and condos not owned by a REIT, corporation or LLC with a corporate member, if the tenant got the required written exemption notice. Most older apartment buildings are covered. The law is set to expire on January 1, 2030.
Our guide to selling a rent-controlled apartment building in California covers city ordinances, Costa-Hawkins and how each layer affects price. On this page the point is narrower: AB 1482 and a local ordinance can both apply to the same building, and where the city’s rule is stricter, the city rule controls.
What happens to leases and deposits when you sell
Tenants’ leases and rights survive a sale in California. The buyer takes the building subject to every existing lease, rent level and just-cause protection, and a sale is not itself a cause to end a tenancy.
Deposits follow the tenants. Under Civil Code 1950.5, the seller must either transfer each deposit to the buyer or refund it to the tenant after lawful deductions, and must notify the tenants in writing of what was done, including the buyer’s name and address. Once that is done, the buyer is responsible for returning the deposits. A seller who skips the notice can stay liable, so escrow should credit the deposits and the notices should go out at closing.
Expect a buyer to ask for tenant estoppel certificates, copies of every lease and rent increase notice, and the deposit ledger. Clean records here shorten due diligence.
California landlord-tenant laws that changed in 2025 and 2026
California passes new tenant laws almost every year. These are the changes that took effect on January 1, 2025 and January 1, 2026, as listed by the Department of Real Estate and the Legislature.
- AB 2347 (2025): tenants get 10 court days, not 5, to answer an eviction complaint.
- AB 2801 (2025): photo requirements at move-out, and at move-in for tenancies from July 1, 2025; tighter limits on deposit deductions.
- AB 2493 (2025): application screening fees allowed only with a qualifying screening process and an available unit.
- AB 2747 (2025): landlords must offer tenants the option of reporting on-time rent to a credit bureau.
- SB 1051 (2025): landlords must change locks at their own expense on request for victims of abuse or violence.
- AB 2898 (2025): tenants in some newer buildings can decline parking bundled into rent.
- SB 479 (2025): stricter intent and occupancy standards for owner move-in terminations.
- AB 628 (2026): units must come with a working stove and refrigerator unless the tenant agrees to supply them.
- AB 414 (2026): deposits paid electronically must be returned electronically unless agreed otherwise.
- AB 246 (2026): a hardship defense for tenants whose Social Security payments are interrupted.
- SB 610 (2026): rules on disaster debris and habitability after a fire or other disaster.
- AB 1414 (2026): rules on bundled internet service and the tenant’s right to opt out.
- AB 863: a single statewide eviction summons form, due by 2027.
Selling a California apartment building to Skyline
Skyline buys apartment buildings with five or more units in California, occupied and as-is, so you don’t need to clear units or resolve tenant disputes before a sale. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and deposits at closing and handle the tenant notices with escrow.
