Housing Problems in California

Under California Civil Code Section 1950.5, landlords must return your security deposit within 21 days of move-out, along with an itemized statement of deductions and copies of receipts. If the landlord fails to comply or wrongfully withholds funds, you may be entitled to recover twice the amount wrongfully withheld, plus attorney fees.

AB 1482 (the Tenant Protection Act of 2019) provides statewide just-cause eviction protections and caps annual rent increases at 5% plus local CPI (up to 10%) for covered units. Exemptions include single-family homes where the owner has provided proper notice of exemption, condos sold separately, and buildings constructed within the last 15 years.

For nonpayment of rent, California requires a 3-day notice to pay or quit. For lease violations, a 3-day cure-or-quit notice is required. For no-fault just-cause terminations under AB 1482, landlords must provide at least 60 days' notice (or 30 days for tenancies under one year) and may owe relocation assistance.

Yes. Many California cities — including Los Angeles, San Francisco, Oakland, Berkeley, and Santa Monica — have local rent control ordinances that may be more protective than AB 1482. Local ordinances often cover older units excluded from AB 1482 and may impose stricter just-cause requirements and lower rent increase caps.

California Civil Code Section 1942 provides tenants with the right to "repair and deduct" — you may arrange for necessary repairs and deduct the cost from your rent, up to one month's rent, if the landlord fails to make repairs within a reasonable time after written notice. Alternatively, under Section 1942.4, you may withhold rent entirely if the unit has conditions that substantially affect health and safety and the landlord has been notified. You could also report habitability violations to your local code enforcement agency. California courts generally require tenants to follow proper notice procedures before exercising these remedies to protect against eviction claims.

The Ellis Act (California Government Code Section 7060) allows landlords to withdraw rental units from the market entirely — effectively evicting all tenants — even in rent-controlled buildings. However, local jurisdictions like San Francisco and Los Angeles impose significant requirements on Ellis Act withdrawals, including advance notice (typically 120 days or one year for elderly/disabled tenants), relocation assistance payments, and restrictions on re-renting the units for a period of years. If a landlord re-rents the units within the restricted period, former tenants may have the right to re-occupy the unit at the prior rent level.