California Rental Laws - An Overview of Landlord Tenant Rights in San Diego

1946674 • May 10, 2024
landlord-tenant laws in California

Becoming a landlord in California goes just beyond finding a qualified tenant to fill your vacant rental units. You’ll also need to familiarize yourself with the California landlord-tenant laws, among other things. The state’s landlord-tenant law is enshrined under the California Civil Code 1940-1954.06. It stipulates what landlords can and cannot do in all their interactions with the tenant. From your unit’s habitability standards and repair responsibilities, to eviction rules, rent increase laws, and everything in between. 


In today’s blog, we’ll walk landlords through all the California landlord-tenant laws’ basics to help them stay informed. 


Tenant Rights & Obligations in California

Tenants in California are granted the following rights once they have established a rental agreement with a landlord. Under the California landlord-tenant laws, the they a right to:

  • Live in a rental unit that meets the basic health and safety requirements.
  • Have repairs made within a reasonable time frame after requesting from the landlord. 
  • Live free from discrimination or retaliatory tactics. 
  • The return of the security deposit, minus allowable deductions, within 21 days of moving out. 
  • Quiet enjoyment of residential rental properties.
  • Protection from illegal rent increases.
  • Terminate periodic rental agreements after properly notifying the landlord. 
  • Be provided certain disclosures before signing the lease agreement. 
a California landlord and tenant shaking hands

Under California law, tenants are required to do the following when renting out a home:

  • Maintain the unit’s cleanliness standards. 
  • Keep the rental unit habitable by keeping it clean and hygienic. 
  • Use the provided fixtures, appliances, and amenities for their intended purposes. 
  • Not disturb the peace and quiet of other tenants or neighbors. 
  • Pay rent on time as per the lease agreement. 
  • Abide by all terms and policies of the rental agreement. 
  • Allow owner entry as per the lease or rental agreement. 
  • Report property maintenance issues to the landlord. 


California Landlord Rights & Responsibilities

California landlord-tenant law grants landlords certain rights and responsibilities. Some include a right to:

  • Draft and enforce the terms of the lease or rental agreement. 
  • Evict a tenant for just reasons.
  • Collect a security deposit as part of the initial move-in costs. 
  • Hold a tenant liable for breaking their lease unjustifiably. 
  • Enter the rental home in as necessary in accordance with the official regulations.


As for legally mandated responsibilities under the state's landlord-tenant laws, a landlord must:

  • Provide the tenant with certain mandatory disclosures, such as information about lead-based paint. 
  • Notify the California tenant before entering their rented premises. 
  • Treat applicants and tenants fairly and equally as per the stipulations of the Federal Fair Housing Act. 
  • Abide by any applicable rent control laws. 
  • Provide reasonable notice to the tenant before terminating their periodic lease. 
  • Abide by the California security deposit laws, including returning the security deposit within 21 days of the tenant moving out. 
  • Not retaliate against a California tenant for exercising their rights. 
  • Follow the proper process by issues an eviction notice. 
a person banging a gavel with their other hand on a law book

Overview of the California Landlord-Tenant Law

Here’s a general overview of California’s landlord-tenant laws that owners need to familiarize themselves with:


Required Landlord Disclosures 

When renting out a house in California under the state's landlord-tenant laws, landlords are required to provide their residential tenants with certain crucial information. Landlords must this do before the tenant signs the rental agreement. The disclosures under California law include the following:

  • Very specifically worded information on bed bugs, mold, hazardous chemicals, Megan’s Law.
  • Whether the Tenant Protection Act, or other local rent control laws apply to this rental unit.
  • How California tenants are going to divide the cost of utilities where there is common utility use. 
  • Location within flood zone.
  • Lead-based paint awareness for homes built before 1978.
  • Any known knowledge of possible contamination of the rental units with meth and fentanyl. 


California Landlord Entry 

Landlords can enter a California tenant occupied unit for various legitimate purposes under the state's rental laws, like to make necessary or agreed upon maintenance, or to show the home to prospective buyers. But besides having a legitimate reason for entry, California landlords must also notify the tenant beforehand. The state’s landlord-tenant law advices the written notice must be at least 24 hours before the intended entry. Emergency situations are exempt from the written notice requirements. 


Fair Housing Laws in California

The Fair Housing Act requires that California landlords treat all tenant equally based on federally and state protected classes. They include race, color, nationality, religion, disability, familial status, marital status, and sex. Others protected classes under the California law that landlords must respect are primary language, immigration status, citizenship status, source of income, ancestry, and gender identity/expression. 

a person in a wheelchair talking on the phone in their kitchen

Rent Increments 

Some areas in California have a form of local rent control ordinances in place that affect certain units. It requires California landlords to abide by certain rules when raising rent. Some of the rules under California law landlords must adhere to include the following:

  • The rent raise must coincide with the consumer price index. 
  • California landlords must wait for a fixed-term lease agreement to expire before raising rent. The only exception is if the lease or rental agreement itself allows for such an increase. 
  • Rent increase cannot be borne out of discrimination. 
  • Landlords must notify residential tenants before the rent raise. 


Tenant Eviction Process

As a California landlord, you reserve the right to evict a tenant from your dwelling. The reason must, however, be legitimate. Examples of such reasons under California law include the following:

  • Failing to pay rent when it falls due. 
  • Committing a lease violation. 
  • Failing to move out of the rental unit with a proper eviction notice


If the court rules in your favor, as the landlord, you can move forward with having the tenant remove their personal property from the rental or have an court official carry out the eviction. Landlords cannot, however, take it upon themselves to remove belongings.


Bottom Line 

For expert help in managing your unit, you may want to consider American Heritage Properties. We offer quality property management services to owners across the San Diego, California area. Get in touch to get started right away!


Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to management may change, rendering this information outdated by the time you read it.


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You wouldn’t perform surgery without going to med school, right? Running rental properties in 2025 without staying on top of housing law is pretty much the same kind of gamble. The difference is that the scalpel here is your livelihood—and if you slip, it’s your name on the lawsuit, your wallet that bleeds, and your business that tanks. It’s easy to think rental laws are static background noise, but they’re more like a rolling thunder that can break wide open with a single legislative vote. And lately, the storm’s been gathering. Eviction Rules Aren’t What They Used to Be If you’re still operating on the assumption that you can remove a tenant with a simple 30-day notice, it’s time to update your playbook. Cities and states across the country have reworked their eviction rules with laser focus on tenant protections. In some places, you now need just cause to terminate a lease—even at the end of its term. Others require mediation before a single notice can be posted on a tenant’s door. These new rules can delay vacancies, interrupt cash flow, and expose you to fines if you don’t play by the letter. Missing one line on a notice? That’s grounds for dismissal of your case. Multiply that by multiple units and you start to understand the stakes. Zoning Adjustments Are Changing the Game It’s not just what you do with your property—it’s whether you’re even allowed to do it. Zoning laws are morphing faster than many landlords realize. Single-family homes are being rezoned for multi-units. Short-term rental restrictions are clamping down in urban areas. Some cities are even pushing mandatory mixed-income developments. These shifts aren’t theoretical; they can instantly turn a profitable investment into a paperweight. You need to know when your area is holding planning meetings and who’s drawing up those maps. Otherwise, you’ll be stuck with a building the law doesn’t know what to do with anymore. Keeping Legal Documents Streamlined Amid Shifting Laws When laws change, your paperwork needs to change with it—and fast. Landlords and property managers who stay organized in this evolving landscape usually rely on systems that treat documents as living files rather than static archives. Instead of rebuilding lease agreements or legal notices from the ground up, smart operators use tools that let them add pages to existing PDFs, making updates seamless and traceable ( check this out ). This kind of flexibility turns a potential compliance headache into a manageable, routine update. Safety Compliance Isn’t a Checkbox Gone are the days when a fire extinguisher and a smoke detector meant you were covered. Safety regulations now include detailed accessibility guidelines, upgraded HVAC mandates, seismic retrofitting, and environmentally safe materials in some states. And these aren’t just best practices—they’re enforceable standards. Slip up, and you’ll find yourself neck-deep in penalties, inspection failures, or worse: a lawsuit from a tenant who slipped on a non-compliant stairwell. Every new legislative session brings tweaks to these codes , and your profitability hinges on more than collecting rent—it’s staying ahead of these ever-tightening rules. Federal Shifts Influence Local Reality Federal housing laws may seem like background noise until you realize they often serve as templates for state and local ordinances. The Fair Housing Act, for instance, continues to expand its definitions of discrimination, and enforcement actions are on the rise. Meanwhile, HUD funding decisions trickle down to influence rent caps , Section 8 program rules, and local landlord registries. If you’re not tracking these federal-level movements, you’ll find yourself reacting to laws that were in the pipeline months ago. And in this business, reacting is just a polite way of saying “scrambling.” Tenant Rights Keep Expanding It’s not just eviction protection that’s evolving—tenant rights in general are in full bloom. From privacy rules to regulations about how often and under what conditions you can enter a unit, the legal landscape is moving toward empowering renters. There are new rules about appliance repairs, mold remediation, and even limits on security deposit deductions. If you’re not up to date, you risk violating these rights without even realizing it. And in today’s digital age, all it takes is one savvy tenant with a smartphone to turn your ignorance into a viral TikTok—and a public relations disaster. Your Liability Is on the Line Let’s talk risk. Every law you don’t know is a lawsuit you didn’t see coming. Tenants have more access than ever to legal aid, tenants' unions, and social media support. Meanwhile, insurance policies increasingly exclude coverage for noncompliance with known regulations. That means one overlooked rule could leave you holding the bag —not your insurer. Protecting your investment today isn’t just about asset management. It’s legal hygiene. And the cost of getting it wrong isn’t just legal fees. It’s lost tenants, damaged reputations, and the kind of stress no one gets into this business for. Reputable Property Managers Are Your Legal Lifeline If this all sounds like a full-time job, that’s because it is. That’s where professional property managers earn their keep. Take American Heritage Properties , for example—a group that’s been managing rental properties in San Diego since 1981. These folks don’t just collect rent and coordinate plumbing repairs. They’re constantly monitoring legal developments and implementing compliant practices before the ink even dries on new legislation. Working with someone like that means you’re not just outsourcing tasks; you’re insulating your business from legal whiplash. And that kind of insurance? It’s priceless. Knowledge Is Profit in Disguise Staying informed about housing laws isn’t just a chore to check off your list—it’s a strategic advantage. When you know what’s coming down the legal pipeline, you can budget for repairs, adjust lease terms, plan tenant communications, and avoid costly missteps. You also get the peace of mind that comes from knowing your investment isn’t sitting on a ticking time bomb. Being proactive here doesn’t just protect your wallet—it protects your sanity. Running rental property in 2025 isn’t about doing what you did in 2015. The rules have changed. The risks have grown. And the smartest investors aren’t the ones who know the best paint color for a kitchen—they’re the ones who know what law passed last month in their city council. If you’re in the game for the long haul, treat legal literacy like part of your business model. Because when it comes to real estate, what you don’t know can—and will—hurt you. Discover unparalleled property management services with American Heritage Properties , where our dedicated team ensures your San Diego investment thrives with quality tenants and exceptional care.
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