At HomeRiver Group, excellence is our baseline. With a national footprint and deep local knowledge, we empower property owners through proven systems, legal expertise, and hands-on support. From leasing to compliance, we handle the complexities so you can focus on growth. Whether you're a first-time landlord or managing a multi-property portfolio, we deliver peace of mind, protect your investments, and raise the bar for professional property management—every day, in every market.
California has some of the most tenant-protective laws in the country, making compliance a critical part of property ownership. From rent control restrictions to limits on entry rights and security deposit handling, landlords face strict regulations with little room for error. If you're navigating what a landlord cannot do California, knowing the legal boundaries is essential. It’s not just about avoiding fines—it’s about safeguarding your rental business.
In this blog, we will explore the most common legal missteps landlords make in California, the specific actions prohibited by state law, and how to maintain full compliance while protecting your rental investments.
Understanding California Landlord-Tenant Laws
California’s landlord-tenant laws are comprehensive and designed to create a fair and transparent rental environment. As a property owner, you are subject to some of the country's most progressive and specific housing regulations. Navigating what you can and cannot do requires a firm grasp of statewide statutes and any applicable local ordinances. For comparison, it’s essential to understand what a landlord cannot do in Texas, as regulations differ significantly and highlight California’s stricter enforcement approach.
Meeting Property Habitability Standards
State law covers everything from habitability standards to eviction protocols. You must maintain the property to meet basic health and safety requirements. This includes functional plumbing, reliable heat, and structurally sound conditions. Failure to do so not only risks tenant complaints but can result in legal penalties.
Notice And Entry Requirements
Regarding tenant privacy, California law mandates at least 24 hours’ written notice before entering a rental unit, unless there’s an emergency. Even with good intentions, unauthorized entry can lead to legal repercussions and erode tenant trust.
Security Deposit Regulations
Security deposit rules are clearly defined. You cannot exceed the maximum limit—generally two months’ rent for unfurnished units or three months for furnished ones. When a tenant moves out, you must return the deposit within 21 days, providing an itemized statement for any lawful deductions.
Eviction Protocols And Restrictions
Evictions must follow a formal process. You cannot remove a tenant without cause or outside legal channels. Proper notice periods and documentation are required based on the violation type, whether it’s non-payment, lease breach, or another issue. Skipping steps can invalidate the eviction and expose you to legal action.
Staying Compliant Through Professional Management
Ultimately, California landlord-tenant laws demand professionalism and due diligence. Compliance is not optional. Thorough documentation, consistent communication, and complete legal adherence are required to protect your investment and reputation as a property owner.
Restrictions On Rent Increases And Rent Control
California is well-known for its complex and protective rent control laws, which set clear boundaries on what a landlord can—and cannot—do regarding rent increases. If you own or manage residential property in this state, you must comply with both statewide measures and, in many areas, even stricter local ordinances. Under the California Tenant Protection Act (AB 1482), most rental properties built before 2005 cannot have their rent raised by more than 5% plus the local inflation rate, with a total annual cap of 10%. In contrast, what a landlord cannot do in Georgia is governed by a far less regulated framework, with no statewide rent control laws, highlighting just how strict California's environment is.
Implications Of Rent Caps On Long-Term Planning
These rent increase limits apply regardless of market trends or tenant turnover. This means your ability to respond to rising operating costs may be constrained. Attempting to raise rent beyond this threshold can lead to significant legal and financial consequences, including reimbursement of overcharges and potential tenant lawsuits.
Local Ordinances With Stricter Oversight
It’s important to understand that some cities—including Los Angeles, San Francisco, and Oakland—enforce their rent control regulations that can be even more restrictive than state law. These local rules may include added procedural steps, such as justification letters, documentation of expenses, or even rent freeze provisions, especially during certain declared emergencies.
Notice Requirements For Legal Rent Adjustments
Landlords must always provide tenants with ample written notice before any rent increase. State law generally requires a 30-day notice for increases of 10% or less, and a 90-day notice for anything greater. That said, unless your property qualifies for exemption, you cannot legally issue an increase exceeding the capped percentage.
Penalties For Non-Compliance With Rent Control
Trying to bypass these restrictions—whether through improper notice, excessive increases, or unlawful surcharges—can result in heavy fines, mandatory rent reimbursements, and enforcement actions from tenant advocacy groups or regulatory agencies. Staying compliant requires not just awareness, but precision in execution and documentation.
Maintenance And Repair Obligations
California law requires landlords to keep rental units safe, sanitary, and livable. This includes ensuring all basic systems—such as plumbing, heating, electricity, and structural elements—are operational and meet minimum health and safety standards.
Timely Repairs Are Non-Negotiable: Landlords must address habitability-related issues without delay. Problems like a non-functional heater during winter, active water leaks, exposed wiring, or a leaking roof demand immediate action. Delays can result in legal liability and loss of rental income.
Tenant Remedies For Neglect: If landlords fail to make necessary repairs, tenants are legally allowed to withhold rent, pay for repairs, deduct the cost from rent, or even file complaints with local housing authorities. Ignoring repair requests can escalate into costly legal disputes.
Repair Obligations Cannot Be Transferred: California law prohibits lease clauses that attempt to shift repair and maintenance duties to tenants. Even if both parties agree to such terms in writing, they are legally unenforceable when it concerns essential habitability standards.
No Retaliation For Repair Requests: Landlords are not permitted to raise rent, issue termination notices, or take other adverse actions in response to tenants requesting repairs. Such retaliation is strictly prohibited and may result in penalties, fines, or reversed evictions.
Landlords must approach maintenance obligations with consistency and professionalism. Failing to do so can harm tenant relationships, lead to regulatory investigations, and undermine long-term investment performance. Regular maintenance and clear documentation support both legal compliance and asset preservation.
Anti-Discrimination Laws And Fair Housing
While the federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability, California significantly expands these protections. State law adds categories such as sexual orientation, gender identity, marital status, age, immigration status, source of income, and more, creating one of the most comprehensive anti-discrimination frameworks in the country.
Rental Decisions Must Be Impartial
Landlords cannot refuse to rent, impose different lease terms, or steer tenants based on any protected class. This includes applying inconsistent standards during tenant screening or denying applicants because of children, government rent assistance, or nontraditional family structures.
Advertising With Inclusive Language
Rental listings must avoid language that implies preference or exclusion. Phrases like “ideal for single professionals” or “no children” may appear subtle, but are legally problematic. All advertising should reflect equal opportunity standards and focus solely on the property’s features.
Tenant Screening Practices Under Scrutiny
Screening procedures must be applied uniformly. Asking about immigration status, familial relationships, or disability-related needs during the application process can constitute unlawful discrimination. Use objective criteria such as credit, rental history, and income that apply to every applicant equally.
Reasonable Accommodations Are Mandatory
If a tenant presents documentation for an assistance animal, landlords are legally required to allow it, even in no-pet properties. Charging additional pet rent or requiring pet deposits is not allowed for service or emotional support animals verified under fair housing guidelines.
Consequences For Noncompliance
Fair housing law violations can result in significant financial penalties, lawsuits, and damage to your reputation. Landlords should adopt written anti-discrimination policies, train all staff on fair housing compliance, and routinely review local and state updates to stay current. For owners who rely on third-party services, it's also essential to ensure those vendors—especially property managers—understand and comply with fair housing rules. Remember that property management fees in California can vary based on services offered, and part of that cost often includes fair housing compliance and legal oversight, which adds value beyond administrative tasks.
Utility And Service Restrictions
California law prohibits landlords from turning off essential utilities like water, electricity, or gas to force tenant compliance. Whether for nonpayment, lease violations, or pressure to vacate, these actions are classified as illegal “self-help evictions” and carry significant legal consequences. The prohibition stands regardless of the tenant’s payment status.
Maintaining Essential Services Is A Legal Obligation
Landlords must ensure that all services promised remain functional throughout the tenancy. This includes hot water, plumbing, heating, and trash removal. If a failure in service makes the unit uninhabitable, it violates California’s implied warranty of habitability, exposing landlords to legal action.
Tenant Rights When Services Are Interrupted
If essential services are not maintained, tenants have legal recourse. They may file formal complaints, withhold rent, arrange and deduct for necessary repairs, or terminate the lease in severe cases. These protections are designed to hold landlords accountable and prevent neglect of core responsibilities.
Utility Harassment Will Not Be Tolerated
Frequent “accidental” shutoffs, failure to pay utility bills when contractually obligated, or using service disruptions to provoke tenants can be seen as harassment. Courts treat these patterns seriously, and landlords found guilty may face statutory penalties, compensatory damages, and payment of tenant legal fees.
Final Thoughts
Navigating the complexities of what a landlord cannot do in California is essential to your success as a property owner. With some of the country’s most tenant-protective laws, it can be easy to unknowingly cross a line, potentially risking legal disputes, financial penalties, or damage to your reputation. That’s why understanding and respecting these regulations isn’t just about compliance; it’s about building long-term trust with your residents and protecting your investment.
At HomeRiver Group, we know property management in California means constant vigilance and ongoing education. Our team brings the local expertise, industry experience, and centralized support you need to stay ahead of legal changes and avoid costly mistakes. With us as your partner, you can confidently maximize returns while ensuring your actions always satisfy state law and ethical business practices.
Choose HomeRiver Group for exceptional service backed by deep local knowledge, and trust us to make your property our priority, every step of the way.
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Frequently Asked Questions About What A Landlord Cannot Do California
Can landlords enter a rental property without notice in California?
No, California law requires landlords to give tenants at least 24 hours’ written notice before entering a rental property for non-emergency reasons. Exceptions include emergencies, such as fire or flooding, or if the tenant has abandoned the property. Entering without proper notice—or proper justification—is prohibited.
Are California landlords allowed to discriminate against tenants?
Absolutely not. Landlords in California cannot discriminate against tenants based on race, color, religion, sex, sexual orientation, gender identity, national origin, familial status, disability, or other protected categories under state and federal law. Discriminatory practices—whether in advertising, screening, or leasing—are illegal and enforceable by law.
Do landlords have the right to request additional security deposits for pets in California?
Landlords can request an additional security deposit for pets if the total security deposit (including any pet deposit) does not exceed California’s legal maximum—two months’ rent for unfurnished units or three months’ rent for furnished ones. That said, deposits for service or emotional support animals are prohibited under fair housing laws.
Can landlords prohibit pets in rental properties in California?
Yes, landlords are generally allowed to restrict or prohibit pets in rental properties unless the pet is a service or emotional support animal. These exceptions are protected under state and federal fair housing laws, and landlords cannot refuse reasonable accommodations for tenants with disabilities.
Are California landlords permitted to charge tenants for normal wear and tear?
No, landlords cannot charge tenants or deduct from the security deposit for normal wear and tear—such as minor scuffs on walls or light carpet wear. They can only charge for damage beyond normal use, such as large holes in the wall or broken appliances due to neglect.
Can a California landlord evict a tenant without proper notice?
No, landlords must follow strict legal procedures and provide proper notice—such as a 3-day, 30-day, or 60-day written notice, depending on the reason for eviction. Evicting a tenant without notice, or attempting to force them out by changing locks or shutting off utilities, is illegal.
Is it legal for landlords in California to refuse to make repairs?
No. Landlords are legally obligated to maintain rental properties in habitable condition. This means handling health and safety repairs, including plumbing, heating, and structural issues. Refusing to make necessary repairs is a violation of California law.
Are landlords in California able to keep the security deposit without explanation?
No, landlords must itemize and provide written explanations for any deductions from the security deposit within 21 days of a tenant's moving out. Keeping the deposit without such an explanation—or for charges not allowed under the law—is not permitted in California.
