Hovssepian Law · Landlord Tenant Law
California Tenant Rights:
What Your Landlord Cannot Legally Do
By Edric Hovssepian, Attorney at Law · Glendale, California
California provides tenants with some of the strongest housing protections in the nation. Yet many tenants don't know their rights, and many landlords count on that. Here is what California law prohibits your landlord from doing.
1. Evict You Without Just Cause (AB 1482)
Under California's Tenant Protection Act of 2019 (AB 1482), most tenants who have lived in a unit for 12 months or more can only be evicted for "just cause", such as nonpayment of rent, breach of lease, or specified no-fault reasons with relocation assistance. Your landlord cannot simply decide not to renew your lease to get rid of you if your unit is covered.
2. Raise Your Rent Excessively
AB 1482 caps annual rent increases at 5% plus local CPI, with a maximum of 10% for covered units. In Los Angeles, the Rent Stabilization Ordinance (RSO) provides even stronger protections for qualifying tenants. If your landlord raises your rent beyond the legal limit, you can challenge it.
3. Fail to Maintain Habitable Conditions
Under Civil Code § 1941, your landlord must maintain your rental unit in a habitable condition, including working heat, plumbing, weatherproofing, and freedom from mold, pests, and unsafe conditions. If your landlord fails to make repairs after being notified, you may be able to withhold rent, repair-and-deduct, or sue for damages under Civil Code § 1942.
4. Enter Without Proper Notice
Under Civil Code § 1954, your landlord must give you at least 24 hours written notice before entering your unit, and can only enter for specific legally permitted purposes such as repairs, inspections, or showing the unit to prospective tenants. Unauthorized entry is a violation of your privacy rights.
5. Harass, Lock Out, or Shut Off Utilities
Under Civil Code § 789.3, it is illegal for a landlord to harass tenants, change locks without proper eviction proceedings, remove doors or windows, or willfully cut off water, gas, electricity, or other utilities to force a tenant to leave. These acts are known as "self-help evictions" and are strictly prohibited. Remedies include actual damages, punitive damages, and attorney's fees.
6. Wrongfully Withhold Your Security Deposit
Under Civil Code § 1950.5, your landlord must return your security deposit within 21 days of move-out with an itemized statement of any deductions. Landlords can only deduct for unpaid rent, excessive cleaning, or damage beyond normal wear and tear. Wrongful withholding can result in your landlord owing you up to twice the deposit amount in statutory damages.
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