California Landlord-Tenant Laws 2026
Rent control, security deposits, habitability, and tenant protections in San Diego rentals
By John Quigley · Updated May 27, 2026
San Diego Renter: Under AB 1482, annual rent increases for covered units are capped at 5% + CPI (max 10%). San Diego renters in units over 15 years old may be covered. Security deposit refund deadline: 21 days after moving out.
California Rent Control — AB 1482
California's Tenant Protection Act (Civil Code §1947.12) limits annual rent increases for covered units to 5% + local CPI inflation rate, with a maximum of 10% per year. Units covered include:
- Apartments and single-family homes over 15 years old
- Units NOT subject to stricter local rent control ordinances
Units exempt from AB 1482: single-family homes owned by individuals (unless ADUs), condos sold to the tenant, motels, hotels, dormitories, newer units (built within last 15 years).
Security Deposits in California
| Rule | Details | Legal Basis |
|---|
| Maximum deposit | 2 months rent (unfurnished), 3 months (furnished) | Civil Code §1950.5(c) |
| Refund deadline | 21 days after tenant moves out | Civil Code §1950.5(g) |
| Itemized statement | Required with deductions, receipts for repairs | Civil Code §1950.5(g) |
| Normal wear and tear | Cannot be deducted from deposit | Civil Code §1950.5(b) |
| Penalty for wrongful withholding | Up to 2x deposit as punitive damages | Civil Code §1950.5(l) |
Landlord's Duty to Maintain Habitable Conditions
Under Civil Code §1941.1, California landlords must maintain all rental units in habitable condition. Required conditions include:
- Effective waterproofing and weatherproofing
- Unbroken windows and doors
- Plumbing facilities in good working order
- Working heating (required; air conditioning not required by state law)
- Electrical wiring in good condition
- Freedom from rodent and pest infestation
- Working smoke and carbon monoxide detectors
Tenant Remedies for Uninhabitable Conditions
- Written notice — Notify landlord in writing of the condition
- Repair and deduct — If landlord fails to repair within reasonable time, tenant may hire a contractor and deduct up to 1 month's rent from rent (Civil Code §1942). Limited to twice per 12 months.
- Rent withholding — Withhold rent into an escrow account pending repairs (risky without legal advice)
- Code Enforcement — File complaint with San Diego Code Enforcement (619-533-4444)
- Lawsuit — Sue for breach of warranty of habitability, recover damages including rent paid during uninhabitable period
Notice Requirements Before Rent Increase
Landlords must provide written notice before any rent increase:
- 30 days notice if increase is 10% or less
- 90 days notice if increase exceeds 10% (effective September 2024 under AB 1110)
San Diego County COVID-19 Tenant Protections
San Diego's COVID-era eviction protections have largely expired. Tenants who accumulated COVID-related rental debt should check the current status of any remaining local protections and consult with a San Diego tenant rights attorney about their specific situation.
Frequently Asked Questions
Can my San Diego landlord raise my rent as much as they want?
If your unit is covered by AB 1482 (Tenant Protection Act), annual rent increases are capped at 5% + local CPI, with a maximum of 10%. San Diego's CPI is typically 3–5%, making the effective cap 8–10% annually. If your unit is exempt (single-family home owned by an individual, newer construction, etc.) or subject to stricter local rent control, different rules apply. Rent increases above the cap are void and unenforceable. A San Diego tenant rights attorney can advise on whether your unit is covered.
What can my San Diego landlord legally deduct from my security deposit?
Lawful deductions include: unpaid rent, cleaning costs if the unit is left in an unusually dirty condition, damage beyond normal wear and tear, and costs to restore the unit to its prior condition. 'Normal wear and tear' — scuffs on walls, minor carpet wear, small nail holes — cannot be deducted. Landlords must provide itemized receipts within 21 days. If deductions are unjustified, you can sue in San Diego Small Claims Court for the deposit plus up to double the deposit amount as punitive damages if the withholding was in bad faith.
My San Diego landlord entered my apartment without notice — is that legal?
No, generally. California Civil Code §1954 requires landlords to give at least 24 hours advance written notice before entering a rental unit — except in emergencies (fire, flood, gas leak, etc.). Permissible entry reasons include: repairs, inspections, to show the unit to prospective tenants/buyers, emergency services. Landlords who repeatedly enter without notice may be liable for harassment or breach of the covenant of quiet enjoyment. Keep records of unauthorized entries — this can be a basis for terminating your lease or a lawsuit.
Can I break my San Diego lease early without penalty?
California law allows tenants to break a lease without penalty in limited circumstances: the unit is uninhabitable (Civil Code §1941), the landlord violated your privacy or harassed you, you are a domestic violence victim (Civil Code §1946.7), you are an active-duty military member being deployed (Service Members Civil Relief Act), or you are a victim of certain crimes under Civil Code §1946.7. In other cases, you may owe remaining rent until the landlord re-rents the unit (California requires landlords to mitigate damages by re-renting). A San Diego tenant attorney can advise on your exit options.
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