California Tenant Defense System | Justice Foundation
This month we covered the complete California tenant protection framework — from AB 1482 statewide rent control to local ordinances, from habitability rights to eviction defenses, from security deposit rules to fair housing protections. This post is your permanent reference: every major law and protection, organized by category.
Rent Control and Stability
AB 1482 (statewide): rent increases capped at 5% + CPI (max 10%); just cause eviction required for tenants of 12+ months in covered properties. Local ordinances (LA, SF, Oakland, Berkeley, Santa Monica, and others): may provide stronger protections than AB 1482 for covered units, including lower increase caps and broader just cause categories.
Habitability and Maintenance
Implied warranty of habitability (Civil Code 1941): landlord must maintain the unit in a habitable condition throughout the tenancy; tenants can withhold rent and repair-and-deduct for violations. California Health and Safety Code 17920.3: defines specific substandard conditions including visible mold. Smoke and CO detector requirements (H&S Code 13113.7, 17926): landlord must install and maintain working detectors before each tenancy.
Eviction Protections
3-Day Notice requirements: specific content requirements; notice can only demand rent, not fees. Just cause requirements under AB 1482 and local ordinances. Retaliation protection (Civil Code 1942.5): adverse actions within 180 days of protected activity are presumed retaliatory. Anti-harassment law (Civil Code 1940.2): prohibits landlord conduct designed to force tenants to vacate. Self-help eviction prohibition (Civil Code 789.3): landlord cannot lock out, remove property, or shut off utilities; $100 per day minimum damages.
Security Deposits
Civil Code 1950.5: maximum two months’ rent (unfurnished); only rent, non-normal-wear-and-tear damage, and cleaning permitted as deductions; itemized statement within 21 days; bad faith doubling penalty available.
Fair Housing
FEHA and Unruh Act: prohibition on discrimination based on race, national origin, sex, sexual orientation, disability, familial status, source of income, and other protected characteristics. Reasonable accommodation and modification rights for disabled tenants.
Leave a comment