California landlords face strict limits on what they can do to tenants, and breaking these rules can expose them to liability

California law prohibits landlords from retaliating against tenants, entering rental units without proper notice, keeping security deposits beyond what the law allows, and discriminating based on protected characteristics. A landlord also cannot shut off utilities, remove doors or windows, or lock a tenant out without a court order. These protections exist in state law and in local ordinances that vary by city—some places like San Francisco and Los Angeles have additional tenant protections on top of state rules.

Understanding what is illegal helps you recognize when a landlord has crossed a line and what steps you can take. Many violations carry financial penalties, and some can result in the landlord losing the right to collect rent or facing a lawsuit.

Key Takeaways

  • Landlords cannot enter your unit without at least 24 hours' written notice, except in genuine emergencies like fire or gas leaks.
  • Retaliation—evicting you, raising rent, or reducing services because you complained about repairs or exercised a legal right—is illegal and can be reversed by a court.
  • A landlord cannot keep any part of your security deposit except for unpaid rent, damage beyond normal wear, or cleaning costs, and must return the rest within 21 days with an itemized list.
  • Landlords cannot discriminate based on race, color, national origin, religion, sex, disability, familial status, sexual orientation, gender identity, or source of income.
  • Self-help evictions—locking you out, removing your belongings, or shutting off utilities—are illegal; a landlord must go through the court system.

Illegal Entry and Privacy Violations

A landlord must give you at least 24 hours' written notice before entering your unit, and the notice must state the reason for entry. Valid reasons include showing the unit to prospective tenants, making repairs, inspecting for habitability, or responding to an emergency. The landlord can only enter during normal business hours (usually 8 a.m. to 5 p.m.) unless you agree otherwise or it is a genuine emergency.

An emergency—such as a fire, gas leak, or water damage actively happening—is the only time a landlord can enter without notice. Even then, they should attempt to notify you as soon as reasonably possible. If a landlord enters without proper notice or for a reason not permitted by law, you can refuse entry, document the violation, and report it to your local housing authority or file a complaint with the state.

Some cities add stricter rules. San Francisco, for example, limits entry to once per month for non-emergency reasons and requires three days' notice instead of 24 hours in some situations. Check your local tenant rights guide to see if your city has additional protections.

Retaliation and Illegal Eviction Tactics

Retaliation is one of the most common landlord violations in California. A landlord cannot evict you, raise your rent, reduce services, or threaten any negative action because you exercised a legal right. Legal rights include complaining about code violations or lack of repairs, requesting a habitability inspection, joining a tenant organization, or reporting the landlord to a government agency.

If your landlord raises rent, issues a notice to vacate, or reduces services within 180 days of you making a complaint or exercising a legal right, the law presumes retaliation unless the landlord can prove otherwise. This presumption is powerful—it shifts the burden to the landlord to show a legitimate, non-retaliatory reason. You can file a complaint with your local housing authority or sue in small claims court to recover damages and stop the retaliation.

A landlord also cannot use a "self-help" eviction, which means locking you out, removing your belongings, shutting off utilities, removing doors or windows, or changing the locks. These actions are illegal even if you owe rent. The only legal way to evict is through the court system, which requires filing a notice to vacate, waiting the required period (usually 30, 60, or 90 days depending on the reason), and obtaining a court judgment if you do not leave.

Security Deposit Violations

California law strictly limits what a landlord can deduct from your security deposit. The landlord can only keep money for unpaid rent, damage to the unit beyond normal wear and tear, or cleaning costs if the unit is left unreasonably dirty. The landlord cannot deduct for normal wear—faded paint, minor carpet stains, small nail holes, or worn carpet are expected after a tenant moves out.

The landlord must return your deposit within 21 days of you moving out, along with an itemized written list of any deductions. If the landlord keeps any amount, the list must describe each deduction, state the reason, and show the cost or amount. If the landlord fails to provide this list or returns the deposit late without a valid reason, you can sue for the full deposit amount plus interest and court costs, even if the deductions were legitimate.

If the landlord's deductions seem unreasonable—for example, charging $500 to repaint a wall or $200 to clean a small stain—you can dispute the deduction in small claims court. Bring photos of the unit's condition when you moved out, your lease, and the landlord's itemized list. Many judges award tenants the full deposit back when deductions are excessive.

Discrimination and Fair Housing Violations

A landlord cannot refuse to rent to you, charge you higher rent, or treat you differently based on race, color, national origin, religion, sex, disability, familial status (having children), sexual orientation, gender identity, or source of income. California law also prohibits discrimination based on marital status and medical condition. These protections explore to all stages of renting—advertising, screening, lease terms, and enforcement.

If a landlord asks discriminatory questions during screening, refuses to rent to you because of a protected characteristic, or charges you more than other tenants for the same unit, that is illegal. Source of income discrimination is particularly common—a landlord cannot refuse to rent to you because you receive Section 8 vouchers, CalWORKs, or other government information. If you believe you have been discriminated against, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD).

Habitability and Maintenance Violations

A landlord must maintain the rental unit in habitable condition, which means it must have functioning plumbing, heating, hot water, electricity, and a roof that does not leak. The unit must be free of pests, mold, and other health hazards. If the landlord fails to make repairs within a reasonable time after you request them in writing, you have options: you can repair and deduct the cost from rent (up to one month's rent), withhold rent until repairs are made, or break the lease without penalty.

A landlord cannot charge you for repairs that are the landlord's responsibility under the lease or state law. If the landlord tries to make you pay for repairs that should be covered, that is a violation. You can also call your local building or health department to request an inspection, and if violations are found, the landlord must fix them or face fines.

Rent Increases and Lease Changes

In California, rent increases are limited by local rent control laws in some cities, but statewide law also applies. If you have a month-to-month tenancy, the landlord must give you 30 days' notice of a rent increase of 10 percent or less, or 60 days' notice for an increase of more than 10 percent. The statewide limit is 5 percent plus the local inflation rate (or 10 percent, whichever is lower) per year, though some cities have stricter caps.

A landlord cannot raise rent as retaliation for complaining about repairs or exercising a legal right. If rent is raised within 180 days of a complaint, it is presumed retaliatory. A landlord also cannot change other lease terms—such as requiring you to pay for utilities that were previously included—without your agreement and proper notice. If the landlord tries to impose new terms without your consent, you can refuse and stay under the original lease terms.

Frequently Asked Questions

Can a landlord lock me out if I do not pay rent?

No. Even if you owe rent, a landlord cannot lock you out, remove your belongings, or shut off utilities. The landlord must file an eviction case in court, serve you with a notice to vacate, wait the required period, and obtain a judgment from a judge. Self-help evictions are illegal and can result in the landlord owing you damages.

What should I do if my landlord enters without notice?

Document the entry—write down the date, time, and any evidence (photos, witnesses). Send the landlord a written message (email or certified mail) stating that entry without proper notice is illegal and asking them to stop. If it happens again, contact your local housing authority or tenant rights organization, or file a complaint with your city's rent board if one exists.

Can a landlord refuse to rent to me because I have a service animal?

No. Refusing to rent to someone because of a disability or service animal is illegal discrimination under California and federal law. A landlord can ask about the animal's training and behavior but cannot refuse the rental or charge an extra pet deposit. If refused, you can file a complaint with the California Department of Fair Employment and Housing.

How do I know if a rent increase is legal?

Check whether your city has rent control—San Francisco, Los Angeles, Oakland, and others do. If your city has rent control, the increase must follow that city's rules. If not, the statewide limit applies: 5 percent plus the local inflation rate (or 10 percent, whichever is lower) per year. Your landlord should provide notice of the increase amount and the date it takes effect.

Can a landlord charge me for normal wear and tear when I move out?

No. Normal wear and tear—faded paint, worn carpet, small holes from hanging pictures, minor scuffs—cannot be deducted from your security deposit. The landlord can only deduct for damage beyond normal use, unpaid rent, or excessive cleaning. If deductions seem unreasonable, dispute them in small claims court.