California Conformidade Imobiliária

California landlord-tenant law is governed primarily by Civil Code §1940–1954.06 and the Tenant Protection Act (AB 1482). Key requirements include a one-month security deposit limit (effective July 2024), statewide rent caps of 5% + CPI or 10% (whichever is lower), just-cause eviction protections for tenancies over 12 months, mandatory habitability standards, and extensive disclosure requirements. Non-compliance can result in statutory penalties and punitive damages.

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California distinguishes between at-fault and no-fault evictions. For unpaid rent, landlords serve a 3-Day Notice to Pay or Quit. For lease violations, a 3-Day Notice to Cure or Quit is required. No-fault evictions require 30 days notice for tenancies under one year, or 60 days for longer tenancies, plus relocation assistance equal to one month's rent under AB 1482. After notice expires, an Unlawful Detainer lawsuit is filed, and the full court process typically takes 5-8 weeks.

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As of July 1, 2024, California limits security deposits to one month's rent for all residential properties, regardless of whether the unit is furnished or unfurnished — eliminating the previous two-month limit. Landlords must return the deposit within 21 days of move-out with an itemized statement of deductions. Allowable deductions include unpaid rent, cleaning beyond normal wear and tear, and repair of tenant-caused damage.

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Under AB 1482 (the Tenant Protection Act), most California residential properties are subject to annual rent caps of 5% plus the local Consumer Price Index (CPI), or 10%, whichever is lower. Landlords must provide 30 days written notice for increases of 10% or less, and 90 days for increases above 10%. Exemptions include properties built within the last 15 years, certain single-family homes, and owner-occupied duplexes.

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California does not mandate a statutory grace period for late rent — technically, rent is late the day after it is due. However, most leases include a 3-5 day contractual grace period. Late fees must be reasonable and reflect the landlord's actual costs from the delay. A 3-Day Notice to Pay or Quit cannot be served until rent is actually past due, and courts may reject excessive late fee provisions as unenforceable penalties.

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California requires extensive pre-lease disclosures including: lead-based paint warnings (pre-1978 buildings), Megan's Law sex offender database notice, bed bug history, mold hazards, proximity to former military ordnance locations, flood zone status, and any known environmental hazards. Landlords must also disclose the property's demolition or renovation history and provide contact information for the property owner or authorized agent.

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While oral leases are technically valid for terms under one year, California strongly favors written agreements. Required lease elements include rent amount and due date, security deposit terms, maintenance responsibilities, and rules regarding pets, smoking, and subletting. Lease terms must comply with AB 1482 just-cause eviction protections, and any waiver of tenant rights in the lease is void and unenforceable.

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Under California's implied warranty of habitability, landlords must maintain properties in fit and livable condition. This includes working plumbing, heating, electrical systems, weatherproofing, clean common areas, functioning locks and windows, and pest control. If a landlord fails to make necessary repairs within 30 days of written notice, tenants may use the 'repair and deduct' remedy (up to one month's rent) or withhold rent entirely until conditions are corrected.

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