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Renting, buying and moving in California: leases, deposits, repairs and disclosures

What California law says about rental applications, deposits, rent increases, repairs and evictions, what a first-time buyer is told before closing, and how to hire a mover you can trust.

Important limitation. General information, not legal advice. For your own lease, purchase or dispute, talk to legal aid or a lawyer; local rules may give you more protection. In an emergency, call 911.

Published 29 October 2026 · Sources checked through 29 October 2026 (AI-assisted) · Human review pending

A house with a large key above it and moving boxes beside it.

The short answer

  • Rental application fees are capped at real screening costs, up to an inflation-adjusted limit (about $69 in 2026), with a receipt and refunds in several situations.
  • Most security deposits are limited to one month's rent since July 1, 2024. Some small landlords may charge two months. You should get the deposit back, or an itemized list of deductions, within 21 days after you move out.
  • Rent increases are capped for most homes more than 15 years old. From August 1, 2026 to July 31, 2027, the limit is 8.6% in Fresno and most counties, and 8.1% to 8.8% in the big metro areas. After 12 months, most tenants can be evicted only for a reason the law lists.
  • Ask for repairs in writing and keep a copy. Since January 1, 2026, a working stove and refrigerator are part of a habitable home. Talk to legal aid before you hold back rent.
  • Home buyers get the seller's Transfer Disclosure Statement and can usually cancel within 3 days (5 if it was mailed) when it arrives after they sign. Pay for your own inspection, and call a HUD-approved housing counselor at (800) 569-4287 about down payment help.
  • Hire a mover licensed by the Bureau of Household Goods and Services (BHGS), get a written not-to-exceed price after an in-person look, and file any damage claim in writing within nine months.

This is general information, not legal advice. Your city or county may give you more protection than state law, so check local rules too.

Rental applications and screening fees

Many landlords charge a fee to check your credit and references. California's Civil Code section 1950.6 limits that fee to the landlord's actual out-of-pocket costs, such as the credit report, plus the reasonable value of their time, up to a cap that rises each year with inflation. The Department of Real Estate's 2026 tenant guide gives the cap as $62.02 as of December 2023. The City of Berkeley's Rent Stabilization Board puts the 2026 maximum at $68.96.

The Department of Real Estate's guides (2025 and 2026 editions) summarize the rules, including changes from AB 2493, effective January 1, 2025:

  • Criteria first. A landlord may charge a fee only if its screening process is given to you in writing with the application.
  • No unit, no fee. A landlord may not charge a fee if it knows, or should know, that no unit will be available within a reasonable time.
  • Paperwork. You get an itemized receipt, and a copy of any credit report within 7 days of the landlord receiving it.
  • Refunds. If you are not selected, the full fee must come back within 7 days after the landlord picks someone else, or 30 days after you applied, whichever comes first. The exception, per Berkeley's summary, is a landlord who reviews applications in order, rents to the first qualified applicant and charges nothing to applicants it never considers. A denial because you did not meet the written criteria does not trigger a refund, but any unused part of the fee must still be returned.

Tip: ask for the screening rules in writing before you pay, and apply only where you meet them.

Security deposits: how much, and getting it back

Under AB 12, a landlord may not collect more than one month's rent as a security deposit after July 1, 2024, whether or not the home is furnished. Before that, the limit was two months' rent, or three for a furnished unit, according to the Attorney General.

The small-landlord exception. A landlord who is a natural person, or a limited liability company whose members are all natural persons, and who owns no more than two residential rental properties with no more than four rental units in total, may charge up to two months' rent. Even then, the Department of Real Estate says a small landlord may generally charge a service member only one month's rent.

Other rules in the Department of Real Estate's 2026 guide:

  • A lease cannot say the deposit is "nonrefundable."
  • A landlord cannot charge you a fee for paying the deposit by check.
  • For tenancies that begin on or after July 1, 2025, the landlord must photograph the unit immediately before or at the start of the tenancy.
  • Beginning January 1, 2025, the guide says a landlord cannot use your deposit for professional carpet cleaning.
  • Under AB 414 (effective 2026), a deposit you paid electronically must be returned electronically unless you both agree otherwise.

When you move out

  1. Ask for a pre-move-out inspection. Once you give notice, the landlord must tell you that you can ask for one. It takes place within the two weeks before you leave. You get a list of planned deductions, so you can fix those problems first.
  2. Clean to the move-in standard, give a forwarding address in writing, and take dated photos of every room.
  3. Watch the 21-day clock. Within 21 days after you move out, the landlord must return the deposit, minus allowed deductions, with an itemized statement. If the landlord did the work, the statement must show the work, the time and the hourly rate; if someone else did it, you get a copy of the bill. If repairs cannot be finished in 21 days, the landlord may send a good-faith estimate, then a final statement within 14 days of finishing.
  4. Check the deductions. Allowed: unpaid rent; repairs for damage you or your guests caused, beyond ordinary wear and tear; cleaning back to the move-in level; and, if the lease allows, replacing the landlord's property. Not allowed: damage that was there before you moved in, and unreasonable or unnecessary costs.
  5. Push back in writing. If the landlord keeps the deposit in bad faith, a court can award your actual loss plus up to twice the deposit. Legal aid can help you decide whether to sue.

Rent caps and just-cause eviction (AB 1482)

The Tenant Protection Act of 2019 (AB 1482) took effect on January 1, 2020, and SB 567 tightened it on April 1, 2024. It caps yearly rent increases and requires a "just cause" to end most tenancies. The City and County of San Francisco notes that the law expires on January 1, 2030.

Who is covered

The Attorney General says the caps apply to most rental housing in California that is more than 15 years old, counted on a rolling basis. That includes single-family homes and condos owned by corporations, mobile homes rented from park management, and housing rented with a Section 8 Housing Choice Voucher. The main exemptions are:

  • housing built within the last 15 years;
  • affordable housing restricted by a recorded document or a subsidy agreement, and school dormitories;
  • a two-unit property where the owner lived in the other unit for the whole tenancy;
  • a single-family home or condo that is not owned by a real estate investment trust, a corporation, or an LLC with a corporate member, but only if the landlord gave you written notice of the exemption. For tenancies that began on or after July 1, 2020, that notice must be in the rental agreement.

For tenancies that began or were renewed on or after July 1, 2020, covered tenants must receive a notice explaining these protections, as a lease addendum or a written notice the tenant signs.

The current cap

Over any 12 months, rent may rise by no more than 5% plus the change in the cost of living, or 10%, whichever is lower, in no more than two increases. The cost-of-living figure comes from April consumer price data: federal figures for the Los Angeles, Riverside, San Diego and San Francisco areas, and the California Department of Industrial Relations figure for all other counties (Attorney General, July 17, 2026).

AreaCountiesHighest allowed increase
Los Angeles areaLos Angeles, Orange8.7%
Riverside areaRiverside, San Bernardino8.1%
San Diego areaSan Diego8.2%
San Francisco areaAlameda, Contra Costa, Marin, San Francisco, San Mateo8.8%
All other countiesEvery other county, including Fresno, Kern, Sacramento and Tulare8.6%

When a unit is empty and re-rented, the landlord may set the new tenant's starting rent. If your city or county has a lower cap, the local limit applies; the Attorney General's page links to a chart of local laws. Los Angeles County's consumer affairs department reminds tenants that a landlord must give at least 30 days' written notice before raising the rent.

Just cause

Eviction protection starts once all tenants have lived in the unit for 12 months, or at least one tenant has lived there for 24 months. The landlord must state the just cause in the termination notice, and a lease simply running out is not, by itself, a just cause. Under the Attorney General's summary:

  • At-fault reasons include not paying rent or breaking an important term of the lease.
  • No-fault reasons are the owner taking the unit off the rental market, the owner or a qualifying relative moving in, demolition or a substantial remodel, or obeying a law or government order. For a no-fault eviction, the owner must pay you one month's rent as relocation help; some cities require more.
  • SB 567 limits: an owner or relative must move in within 90 days and live there for at least a year, and the notice must name them. A substantial remodel must require you to be out for at least 30 days in a row, and the notice must include the permits. If an owner move-in does not happen as required, the unit must be offered back to you at the old rent and terms, and you must be repaid reasonable moving costs. A landlord who acts willfully can owe up to three times your damages.

Repairs and a livable home

Every California residential rental must be kept fit to live in. This is called the "warranty of habitability." Common problems include leaks, mold, pests, faulty wiring, and no heat or hot water. Starting January 1, 2026, under AB 628, a unit must have a working stove and refrigerator to be considered habitable, unless you and the landlord agree that you will supply one or both, according to the Department of Real Estate's 2026 guide.

  1. Ask in writing. Describe the problem, add photos and keep a copy. The tenant group Tenants Together suggests certified mail.
  2. Ask for an inspection. If nothing happens, call your city or county code enforcement office.
  3. Know the limits of "repair and deduct." After giving the landlord reasonable advance notice, you may pay for certain repairs and deduct the cost from rent. A Santa Clara County Superior Court guide says the cost cannot be more than one month's rent, and you can do this no more than twice in 12 months.
  4. Treat holding back rent as a last resort. Tenants Together warns that the landlord may try to evict you and advises talking to a lawyer first.

Retaliation. If you use these rights and, within 180 days, the landlord threatens eviction, raises the rent or takes other negative action, the law presumes the landlord is retaliating.

Mold and dampness: use the step-by-step renter's checklist for documenting dampness or mold, which also covers the health side.

When your landlord can come in

California law limits when, and why, a landlord may enter your home; the Department of Real Estate's 2026 guide explains the rules on pages 48 to 50. For the notice required before a repair visit, see the dampness and mold checklist. If entries feel like harassment, keep a dated log and contact legal aid.

Discrimination, including source of income

California's Fair Employment and Housing Act protects renters and home buyers from discrimination and harassment based on protected characteristics, including race, religion, disability, familial status and source of income.

  • Vouchers and benefits count as income. A landlord may not refuse you because you use a Section 8 Housing Choice Voucher or similar help, and an ad saying "No Section 8" is unlawful (Department of Real Estate). Income also includes Social Security, SSI and veterans' benefits (Know Your Housing Rights). A landlord may still ask about the level and source of your income.
  • Victims of abuse or crime. A landlord may not reject you, or offer worse terms, because you asked for a lock change, ended a lease because of abuse, or called the police as a victim.
  • Immigration status. Threatening to report a tenant's immigration status to push them out is unlawful.

How to complain. File with the California Civil Rights Department within one year of the act: (800) 884-1684, TTY (800) 700-2320. Remedies can include out-of-pocket losses, damages for emotional distress, civil penalties and attorney's fees. If you have a disability and need a grab bar, ramp or other change, see renters' right to make changes.

If you get an eviction notice

  • No lockouts. A landlord may not lock you out or use other "self-help." Except for certain hotel guests and single lodgers, the landlord must win an eviction case (an "unlawful detainer") in court.
  • Read the notice closely. It may be a 3-day notice to pay rent or quit, or a 30-, 60- or 90-day notice. Under the Tenant Protection Act, it must state the just cause.
  • Answer court papers fast. Under AB 2347, effective in 2025, you have 10 days, instead of 5, to file a written response after you are served with an eviction complaint (Department of Real Estate). Follow the court's instructions on how to count the days.
  • Get help the same day through LawHelpCA, and use the California Courts self-help pages for tenants, which the Attorney General recommends.

Buying your first home: disclosures and inspections

The seller and agents must give you written disclosures. The Department of Real Estate's First Home California page and its reference book chapter on disclosures describe the main ones.

DisclosureWhat it coversWhat it means for you
Transfer Disclosure Statement (Civil Code 1102)The seller's report on the home's condition, hazards, defects, special taxes and assessments. Required when selling a home or building with 1 to 4 units.If it arrives after you sign the offer, you may cancel within 3 days of delivery in person, or 5 days after it is mailed.
Natural Hazard DisclosureWhether the home is in an earthquake fault zone, a special flood hazard area or other mapped hazard zones.Federal law requires flood insurance for most homes with a mortgage in special flood hazard areas.
Lead-based paint (homes built before 1978)Known lead paint and lead hazards, plus the federal pamphlet "Protect Your Family From Lead in Your Home."You get 10 days to have the home checked for lead, unless you agree in writing to change or waive it.
Smoke detector and water heater statementsWritten certification that smoke detectors and water heater bracing meet state rules.Check them yourself on your walk-through.

Homes built before January 1, 1960 also come with the Homeowner's Guide to Earthquake Safety. If the home is in a Mello-Roos district, the seller must make a good-faith effort to give you the district's special tax notice.

Get your own inspection

The Department of Real Estate urges buyers who are not experts to hire professionals to check the electrical system, plumbing, heating and cooling, roof, foundation and structure, plus any septic or solar system. It also recommends a termite and pest inspection. Make the inspection a contingency in your offer, so you can negotiate repairs or walk away. If you cancel without a valid contingency after the contract is binding, you may lose your deposit (First Home California).

Protect your money

  • Never pay a deposit in cash. Use a check, money order or cashier's check so there is a record (Information for Homebuyers).
  • Be wary of anyone asking for money "outside of escrow," up-front fees, or payment to an agent personally. Advance fees are prohibited in California unless the Department of Real Estate approves them in writing.
  • Check an agent's license online with the Department of Real Estate or at (877) 373-4542.

Help with a down payment: CalHFA and housing counselors

The Department of Real Estate says down payments typically run 5% to 20% of the price, plus 3% to 7% in closing costs. Public programs can lower that:

  • California Housing Finance Agency (CalHFA). CalHFA offers 30-year fixed-rate home loans and "junior" loans for down payment or closing costs to low- and moderate-income buyers, with income limits, price limits and a credit score of roughly 660 to 680. CalHFA does not take applications directly: you check eligibility on its website, get pre-qualified with a CalHFA preferred loan officer, and finish a CalHFA-approved homebuyer education course. Call (877) 922-5432. Program names, funding rounds and limits change, so ask the loan officer which programs are open on the day you apply.
  • Federal loans. The Department of Real Estate lists FHA loans with 3.5% down and a 580 minimum credit score, VA loans with a zero-down option for veterans, and some USDA loans with zero down.
  • Veterans and local programs. CalVet home loans, the Golden State Finance Authority, and some cities and counties also offer help.

Free counseling. HUD-approved housing counseling agencies can explain these programs and help if you later struggle with payments. Call (800) 569-4287 to find one (Department of Real Estate).

Moving: hiring a licensed mover

Since July 1, 2018, household movers have been regulated by the state bureau now called the Bureau of Household Goods and Services (BHGS), part of the California Department of Consumer Affairs, instead of the Public Utilities Commission. BHGS says movers need its license for moves entirely within California and for moves into or out of California (December 23, 2025).

Before you book

  1. Check the license with the BHGS online license search, and confirm the company carries workers' compensation insurance.
  2. Get an in-person look. A mover may give a written estimate only after seeing your belongings. BHGS warns that verbal and internet estimates are illegal and may not be enforceable.
  3. Get a "not to exceed" price. That is the most you can be charged unless you ask for extra services, which must be written on a change order. A change order cannot be used just because the mover underestimated.
  4. Get the papers. For a move booked three or more days ahead, the mover must give you a moving services agreement, an "Important Notice About Your Move," and the booklet Important Information for Persons Moving Household Goods (within California). Keep copies of everything you sign.
  5. Decide on protection. You can buy extra protection and set a value on your belongings. Photograph valuables before the move.

Warning signs BHGS lists: a low estimate followed by price increases once your goods are on the truck, holding goods until you pay more, ignoring damage claims, and no workers' compensation insurance. BHGS cited 30 movers in a June 2026 sweep (July 9, 2026).

If something goes wrong, file loss or damage claims with the mover in writing within nine months after delivery, and complain to BHGS online or at (916) 999-2041 (BHGS mover information). In a price dispute, the mover may require the quoted amount before releasing your goods, so keep your written estimate handy. For a move to another state, also ask for the company's U.S. Department of Transportation number and check the federal mover rules with the Federal Motor Carrier Safety Administration before you sign.

Health and safety when you move in

  • Lead paint. If a rental was built before 1978, the landlord must disclose known lead-based paint and lead hazards before you sign. If a young child or a pregnant person will live there, ask your clinician whether lead testing makes sense.
  • Bed bugs. The Department of Real Estate's guide says a landlord cannot show, rent or lease a unit until bed bugs are eradicated.
  • Mold and leaks. Photograph any dampness on day one and report it in writing; see the dampness and mold checklist.
  • Your health care. Before a move, read Moving? How to keep your health coverage, prescriptions and doctors, and keep medicines and medical devices with you, not on the truck.

Where to get free help

  • Legal aid: LawHelpCA, run by the Legal Aid Association of California: enter your ZIP code to find free legal help.
  • Court self-help: the California Courts self-help website has eviction pages for tenants; the Attorney General points tenants there.
  • Rent caps and tenant alerts: the Attorney General's rent increase limits page, with a chart of local rent laws.
  • Tenant groups: Tenants Together, a California tenants' rights group, and the ACCE tenant hotline, (888) 428-7615, which Los Angeles County lists for questions on rent increases.
  • Discrimination: California Civil Rights Department, (800) 884-1684, TTY (800) 700-2320.
  • Buying a home: HUD-approved housing counselors, (800) 569-4287; CalHFA, (877) 922-5432; agent license checks with the Department of Real Estate, (877) 373-4542.
  • Movers: Bureau of Household Goods and Services, (916) 999-2041.
  • The full rulebook: the Department of Real Estate's free California Tenants guide, in English and Spanish.

Sources

  1. California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 edition, RE 26) — California Department of Real Estate, revised January 1, 2026
  2. California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2025 edition, RE 26) — California Department of Real Estate, revised January 1, 2025 (copy posted on a third-party website), accessed October 29, 2026
  3. Tenant Screening and Application Fees — City of Berkeley Rent Stabilization Board, accessed October 29, 2026
  4. Know Your Rights as a California Tenant: Security Deposits — California Department of Justice, Office of the Attorney General, accessed October 29, 2026
  5. Attorney General Bonta Shares Updated Resources on Statewide and Local Rent Increase Limits — California Department of Justice, Office of the Attorney General, July 17, 2026
  6. Limits on Rent Increases — California Department of Justice, Office of the Attorney General, updated July 16, 2026
  7. The Tenant Protection Act: Your Obligations as a Landlord or Property Manager — California Department of Justice, Office of the Attorney General, accessed October 29, 2026
  8. California Tenant Protection Act of 2019 (AB 1482) — City and County of San Francisco, accessed October 29, 2026
  9. Understanding Rent Increases — Los Angeles County Department of Consumer and Business Affairs, 2026, accessed October 29, 2026
  10. Remedies for Obtaining Needed Repairs — Superior Court of California, County of Santa Clara, accessed October 29, 2026
  11. Know Your Rights: Habitability — Tenants Together, posted June 2026, accessed October 29, 2026
  12. Know Your Housing Rights — fact sheet posted by the California Department of Real Estate, September 2022
  13. First Home California — California Department of Real Estate, accessed October 29, 2026
  14. Information for Homebuyers — California Department of Real Estate, accessed October 29, 2026
  15. Real Estate Reference Book, Chapter 20: Contract Provisions and Disclosures — California Department of Real Estate, accessed October 29, 2026
  16. Household Movers Information — Bureau of Household Goods and Services, accessed October 29, 2026
  17. Bureau of Household Goods and Services Conducts Statewide Sweep of Unlicensed Movers — Bureau of Household Goods and Services, December 23, 2025
  18. Bureau of Household Goods and Services Targets Unlicensed Movers in Bay Area, Southern California — California Department of Consumer Affairs, July 9, 2026
  19. Transfer of Authority of Household Goods, Private Carriers, Vessels for Hire, Commercial Air Operators — California Public Utilities Commission, accessed October 29, 2026
  20. LawHelpCA — Legal Aid Association of California, accessed October 29, 2026

Information notice: this page provides general educational information. It is not legal, financial or real estate advice, and it cannot account for your individual circumstances or local rules. Sources checked through October 29, 2026.

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