What do California landlord tenant laws say about repairs, entry and deposits?

California landlord tenant days, hours and limits, with sources

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What repairs is a landlord responsible for in California?

Under Civil Code 1941.1(a), a dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the standards it lists: “A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:” (California Civil Code Section 1941.1) Read 2026-10-29.

Item 1941.1(a)(1) is the roof and walls, and a dwelling that substantially lacks effective waterproofing and weather protection is untenantable (1941.1(a)): “Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.” (California Civil Code Section 1941.1)

Item 1941.1(a)(2): a dwelling that substantially lacks plumbing or gas facilities maintained in good working order is untenantable (1941.1(a)). “Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.” (California Civil Code Section 1941.1)

Item 1941.1(a)(4): a dwelling that substantially lacks heating facilities maintained in good working order is untenantable (1941.1(a)). “Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.” (California Civil Code Section 1941.1)

When a rental needs a roof, plumbing, heating or wiring repair, you can post the job on InstaBids and compare written bids on the same scope.

How long does a landlord have to make repairs in California?

Section 1942(b) sets a rebuttable presumption, not a hard deadline: a tenant who acts to repair and deduct after the 30th day following notice is presumed to have acted after a reasonable time. “For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time.” (California Civil Code Section 1942) Read 2026-10-30.

Under 1942(b), the presumption that a tenant who acts to repair and deduct is presumed to have acted after a reasonable time is rebuttable, and it does not stop a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.

The reasonable time runs from written or oral notice to the landlord or his agent: when the landlord neglects to repair, 1942(a) lets the tenant repair the same himself and deduct, or vacate the premises, no more than twice in any 12-month period. Under 1942(c), the tenant's remedy to repair and deduct is barred where the condition was caused by the violation of Section 1929 or 1941.2.

Once a tenant reports a needed repair, you can post that repair on InstaBids and get multiple written bids on the same scope before you pick a contractor.

How much notice does a landlord have to give before entering in California?

For entry, 1954(d)(1) puts the duty on the landlord to give reasonable notice in writing, and twenty-four hours is presumed to be reasonable notice: “Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary.” (California Civil Code Section 1954) Read 2026-10-30. Under 1954(d)(1), the landlord's reasonable notice in writing shall include the date, approximate time, and purpose of the entry, with twenty-four hours presumed reasonable. Under 1954(e), the landlord needs no notice of entry, written or otherwise, to respond to an emergency, if the tenant is present and consents at the time of entry, or after the tenant has abandoned or surrendered the unit; those are the subdivision (e) cases the landlord's reasonable notice in writing under 1954(d)(1) leaves out. Under 1954(d)(3), the tenant and the landlord may agree orally to an entry to make agreed repairs, with the date and approximate time within one week of the agreement.

Before you give notice to enter a unit for a repair, you can post that job on InstaBids with photos and compare written bids side by side.

How long does a landlord have to return a security deposit in California?

Under 1950.5(h)(1), the landlord has 21 calendar days after the tenant has vacated the premises to furnish the itemized statement and return any remaining portion of the security: “No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant as follows:” (California Civil Code Section 1950.5) Read 2026-10-30. Section 1950.5 applies to security for a rental agreement for residential property used as the dwelling of the tenant (1950.5(a)).

Before move-out repairs that lead to a deduction, 1950.5(g)(2) says the landlord shall take photographs of the unit before the repairs or cleanings and again after: “Beginning April 1, 2025, the landlord shall take photographs of the unit within a reasonable time after the possession of the unit is returned to the landlord, but prior to any repairs or cleanings for which the landlord will make a deduction from or claim against the security deposit pursuant to this section, and shall also take photographs of the unit within a reasonable time after such repairs or cleanings are completed.” (California Civil Code Section 1950.5)

The cap: under 1950.5(c)(1), except as provided in paragraph (2), (3), or (5), a landlord shall not demand or receive security above one month’s rent: “Except as provided in paragraph (2), (3), or (5), a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy.” (California Civil Code Section 1950.5) Under 1950.5(c)(5)(A), a landlord that is a natural person, or an LLC whose members are all natural persons, owning no more than two residential rental properties with no more than four dwelling units offered for rent, may take up to two months’ rent. Under 1950.5(c)(2), an advance payment of not less than six months’ rent is allowed on a lease of six months or longer. The cap does not reach security collected or demanded before July 1, 2024.

Under 1950.5(m), bad faith retention of the security may subject the landlord to statutory damages of up to twice the amount of the security: “The bad faith claim or retention by a landlord or the landlord’s successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement of security in violation of subdivision (k), may subject the landlord or the landlord’s successors in interest to statutory damages of up to twice the amount of the security, in addition to actual damages.” (California Civil Code Section 1950.5)

For move-out cleaning and repairs before a deposit is returned, you can post the job on InstaBids and get written bids to compare.

Who pays for pest control in a rental in California?

The Civil Code sections read here name no cost split for pests; the rule is item 1941.1(a)(6), and a dwelling that substantially lacks it is untenantable (1941.1(a)): “Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.” (California Civil Code Section 1941.1) Read 2026-10-29.

On the tenant's side, under 1941.2(a) no duty on the part of the landlord to repair a dilapidation shall arise while the tenant is in substantial violation of the listed obligations, such as keeping the occupied part clean and sanitary, where the violation contributes substantially to the dilapidation: “No duty on the part of the landlord to repair a dilapidation shall arise under Section 1941 or 1942 if the tenant is in substantial violation of any of the following affirmative obligations, provided the tenant’s violation contributes substantially to the existence of the dilapidation or interferes substantially with the landlord’s obligation under Section 1941 to effect the necessary repairs:” (California Civil Code Section 1941.2) Under 1941.2(b), the first two of those tenant obligations do not apply if the landlord has expressly agreed in writing to perform them.

For pest treatment at a rental, you can describe the job once on InstaBids, add photos and compare written bids side by side.

When can a tenant withhold rent over repairs in California?

Section 1942(a) does not use the word withhold: after written or oral notice, when the landlord neglects to repair, the tenant may repair the same himself and deduct the expenses from the rent where the repair costs no more than one month’s rent, or vacate the premises, no more than twice in any 12-month period. “If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month’s rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises” (California Civil Code Section 1942) Read 2026-10-30.

That cap in 1942(a): the remedy is available to the tenant no more than twice in any 12-month period. “This remedy shall not be available to the tenant more than twice in any 12-month period.” (California Civil Code Section 1942)

When a tenant has reported a repair that is still open, posting it on InstaBids gets you written bids on one scope to compare.

When can a tenant end a lease over repairs in California?

Under 1942(a), after written or oral notice, if the landlord neglects to repair within a reasonable time, the tenant may repair the same himself and deduct, or the tenant may vacate the premises and is then discharged from further payment of rent, no more than twice in any 12-month period.

The 30th day presumption in 1942(b) covers a tenant who acts to repair and deduct: after it, the tenant is presumed to have acted after a reasonable time, a rebuttable presumption.

For a leak or no-hot-water repair in a unit, you can post the job on InstaBids and compare written quotes from multiple contractors.

Who does California landlord tenant law cover?

Under 1940(a) and 1940(b), except as provided in subdivision (b), chapter 2 on the hiring of real property shall apply to all persons who hire dwelling units located within this state: “Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated.” (California Civil Code Section 1940) Read 2026-10-30.

Under 1940(b) and 1940(b)(1), persons who hire dwelling units does not include transient occupancy in a hotel, motel, residence club or other facility subject to the Section 7280 tax. Under 1940(b) and 1940(b)(2), persons who hire dwelling units also leaves out hotel or motel occupancy where the innkeeper keeps access and control and offers every listed service, including occupancy for periods of less than seven days.

For any home repair at a rental dwelling you manage, you can describe the job once on InstaBids and get multiple written bids to compare.

California Civil Code rules a property manager works to

What to put in a written repair scope for a California rental

• The condition in plain words, with photos, and which 1941.1(a) standard the dwelling substantially lacks, since a dwelling that substantially lacks one is deemed untenantable for purposes of Section 1941 (1941.1(a)).
• The date of the tenant's notice, since a tenant who acts to repair and deduct after the 30th day following notice is presumed to have acted after a reasonable time, a rebuttable presumption (1942(b)).
• The entry date, approximate time and purpose, in the landlord's reasonable notice in writing, with twenty-four hours presumed to be reasonable notice (1954(d)(1)).
• For move-out repairs that lead to a deduction: the landlord shall take photographs of the unit before the repairs or cleanings and after they are completed (1950.5(g)(2)).
• For move-out repairs: the date the tenant vacated, since the landlord shall furnish the itemized statement no later than 21 calendar days after the tenant has vacated the premises (1950.5(h)(1)).

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Calling California contractors one by one, or one written scope?

Calling contractors one by one gets as many ideas of the repair as calls. With one written scope that names which 1941.1(a) standard the dwelling substantially lacks, the test of an untenantable dwelling for purposes of Section 1941, you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

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Sources

• California Civil Code Section 1940, read 2026-10-30: leginfo.legislature.ca.gov
• California Civil Code Section 1950.5, read 2026-10-30: leginfo.legislature.ca.gov
• California Civil Code Section 1954, read 2026-10-30: leginfo.legislature.ca.gov
• California Civil Code Section 1941.1, read 2026-10-29: leginfo.legislature.ca.gov
• California Civil Code Section 1942, read 2026-10-30: leginfo.legislature.ca.gov
• California Civil Code Section 1941.2, read 2026-10-30: leginfo.legislature.ca.gov