California Rental Laws

Statewide Rent Cap

California's Tenant Protection Act limits annual rent increases to the lower of:

• 5% plus the local Consumer Price Index (CPI)
• 10% total (maximum cap)

Applies to: Properties 15+ years old, with some exceptions for single-family homes owned by individuals/LLCs and condos.

Exemptions: New construction (less than 15 years old), properties where landlord shares living space, certain affordable housing.

AB 1482 Eviction Protections

After 12 months of tenancy, landlords can only evict for specific "just cause" reasons:

At-Fault Just Causes:

• Nonpayment of rent
• Breach of lease terms
• Nuisance or criminal activity
• Waste (substantial property damage)

No-Fault Just Causes (require relocation assistance):

• Owner or family member move-in
• Substantial remodeling requiring permits
• Removal from rental market (Ellis Act)
• Government order to vacate

Relocation Assistance: One month's rent or waiver of final month's rent for no-fault evictions.

Security Deposit Limits & Return Requirements

Maximum Amounts (as of July 1, 2024):

• Unfurnished: One month's rent
• Furnished: Two months' rent
• Service members: One month's rent regardless of furnishing

Return Timeline:

Landlords must return security deposits within 21 days of tenant move-out, along with:

• Itemized statement of deductions
• Copies or receipts for repairs over $126 (adjusted annually for inflation)
• Remaining balance

Implied Warranty of Habitability

All California rental properties must meet minimum habitability standards:

Landlord's Right to Enter

Landlords may enter rental properties only for specific legal purposes and with proper notice:

Notice Requirements:

• 24 hours written notice required for non-emergency entry
• Entry only during normal business hours (8am-5pm)
• Notice must state purpose of entry

Legal Reasons for Entry:

• Make necessary or agreed-upon repairs
• Show property to prospective buyers, tenants, or contractors
• Conduct pre-move-out inspection (with 48 hours notice)
• Court order
• Emergency situations (no notice required)
• Tenant has abandoned or surrendered the property

Required Disclosures Before or At Lease Signing

• Lead-based paint: For properties built before 1978
• Mold: Information about mold prevention and remediation
• Bedbugs: History of bedbug infestations in past two years
• Death on property: Deaths within the past three years
• Military bases: If property is within one mile of military base
• Flood hazard zone: If property is in special flood hazard area
• Fire hazard zone: If property is in very high fire hazard severity zone
• Property manager info: Name and address of manager/owner
• Pest control: Notice of any planned pest control activities
• Shared utility arrangements: How utilities are billed if not individually metered
• Demolition ordinances: Local ordinances allowing demolition

Smoking & Cannabis Restrictions

California law allows landlords to:

• Prohibit all smoking (tobacco and cannabis) anywhere on the property
• Designate specific outdoor smoking areas
• Ban smoking in individual units while allowing it in common areas

Important: Smoking policies must be clearly stated in the lease agreement. Tenants cannot claim a right to smoke based on medical marijuana prescriptions if the lease prohibits smoking.

Additional City-Specific Requirements

San Diego County cities may have additional regulations beyond state law. Common local requirements include:

• Rental registration: Some cities require rental property registration
• Inspection requirements: Mandatory property inspections in certain jurisdictions
• Short-term rental regulations: Strict limits on vacation rentals
• Crime-free housing programs: Requirements to prevent criminal activity
• Water conservation: Low-flow fixture requirements

We stay current with all local ordinances in the cities we serve including San Diego, Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, and throughout San Diego County.