California Landlord-Tenant Laws 2026: The Essential Guide to Avoid Costly Mistakes

California landlord-tenant laws changed more in the last two years than in the previous decade, and 2026 brings another wave of updates that both renters and property owners need to understand before their next lease renewal. Whether you’re a tenant trying to figure out if your landlord can legally charge that “amenity fee,” or a property owner wondering if you need to replace the fridge you never worried about before, the rules have gotten more specific, and the penalties for getting them wrong have gotten steeper.

This guide breaks down the current California rental laws that actually matter in 2026: security deposit limits, the new habitability standard for appliances, fee disclosure rules, internet bundling opt-outs, eviction protections, and the rent cap situation heading into its expiration window. None of this is legal advice (laws change and every situation is different), but it will get you current on what’s actually in effect right now, not what you half-remember from a listicle written in 2022.

If you’re a landlord, treat this as a compliance checklist. If you’re a tenant, treat it as a list of rights you’re probably not using. Either way, the details matter more than they used to, and ignoring them is an expensive way to find that out.

Why California Landlord-Tenant Laws Keep Changing

California has one of the most heavily regulated rental markets in the country, and the state legislature has been active every single session for the last several years. Part of this is driven by the ongoing housing affordability crisis, part of it is a response to specific disputes that kept showing up in small claims court and appellate rulings, and part of it is just political momentum. Whatever the cause, the practical effect is the same: California landlord-tenant law is not a “learn it once” subject. It’s something you have to check every year, especially around January 1, when most new statutes take effect.

For 2026, the big-ticket items come from a cluster of Assembly Bills signed in the 2025 legislative session: AB 628, AB 414, AB 1414, and AB 747. Each one targets a different pain point in the landlord-tenant relationship, and together they reshape several parts of the standard lease.

Security Deposit Rules Under AB 12: Still the Biggest Change

Even though it technically took effect back on July 1, 2024, AB 12 remains the single most important security deposit rule for California landlords and tenants heading into 2026, and it’s still the one most people get wrong.

Here’s the current standard:

• Most landlords can collect a maximum security deposit equal to one month’s rent, regardless of whether the unit is furnished or unfurnished.
• Small landlords get an exception. If the owner is a natural person (or an LLC where every member is a natural person), owns no more than two residential rental properties, and those properties total no more than four dwelling units combined, they can still charge up to two months’ rent.
• Active-duty service members are capped at one month’s rent no matter what, with no small-landlord exception available.
• Pet deposits are no longer a separate line item. They count inside the one-month cap, not on top of it.

Under California Civil Code Section 1950.5, landlords must return the deposit, along with an itemized statement of any deductions, within 21 calendar days of the tenant moving out. Deductions over $125 generally need supporting documentation like receipts or invoices. If a landlord withholds a deposit in bad faith, the tenant can pursue damages up to twice the amount wrongfully kept.

AB 414: Electronic Deposit Returns

Starting in 2026, AB 414 adds a modernization requirement on top of the existing deposit rules. If rent or the deposit itself was paid electronically during the tenancy, the landlord generally has to return the remaining deposit electronically as well, and must notify the tenant of that right. This closes a gap where landlords could drag out a refund by mailing a paper check to a tenant who paid rent through an app for two years straight.

AB 2801: Photo Documentation

Layered on top of AB 12, AB 2801 tightens the evidentiary bar for deductions by effectively requiring photo documentation of the unit’s condition at move-in and move-out. Landlords who skip this step are on much shakier ground if a tenant disputes a deduction later.

Practical takeaway: landlords should build a written, photographed move-in and move-out record into every lease turnover. Tenants should request the pre-move-out inspection they’re entitled to under Civil Code §1950.5(f), which has to happen no earlier than two weeks before the lease ends, and gives them a chance to fix issues before final deductions are calculated.

Habitability Standards Just Got More Specific: AB 628

This is arguably the most consequential new rule of 2026. Assembly Bill 628, signed by Governor Newsom in October 2025, amends California’s habitability statute to require that most residential units include a working stove and refrigerator as a condition of being legally “tenantable.”

For any lease entered into, amended, or extended on or after January 1, 2026, a unit that lacks a functioning stove or refrigerator is not considered habitable under Civil Code Section 1941.1. That means:

1. Landlords must provide and maintain a working stove capable of safely generating heat for cooking.
2. Landlords must provide and maintain a working refrigerator capable of safely storing food.
3. If either appliance is subject to a manufacturer recall, it’s treated as not “safely” functional, and the landlord must repair or replace it, generally within 30 days.
4. There’s an opt-out: if the tenant wants to bring their own refrigerator, both parties can agree to that in writing at lease signing, with the agreement stating the landlord isn’t responsible for maintaining or replacing it.

Note the timing detail that trips people up: existing month-to-month tenancies aren’t automatically swept into this rule on January 1, 2026. The requirement kicks in when the lease is newly signed, renewed, or when its terms are amended after that date. But once that trigger hits, the clock starts.

This matters because habitability claims are already one of the most litigated areas of California landlord-tenant law, and AB 628 gives tenants a very concrete, easy-to-prove basis for a claim: either the appliance works or it doesn’t. Landlords in cities like Los Angeles, where tenants have historically supplied their own refrigerators, will feel this change the most.

Landlord tip: photograph and log the condition of the stove and refrigerator at every lease signing or renewal starting now, not after a dispute comes up.

Fee Transparency: AB 747 Ends the Hidden-Fee Game

AB 747, also effective January 1, 2026, targets a practice that’s frustrated renters for years: junk fees that show up after a tenant has already committed to a unit. Under this law, landlords and property managers must clearly disclose all mandatory fees upfront, including in:

• Rental advertisements and listings
• Lease negotiations
• The lease agreement itself

This covers things like administrative fees, amenity fees, and other recurring charges that used to get buried in fine print or introduced mid-negotiation. The goal is to let tenants compare the real, all-in cost of a unit before they sign anything, rather than discovering a $75 “technology fee” the week they move in.

AB 1414: The Right to Opt Out of Bundled Internet

This one is smaller in scope but genuinely useful for a lot of renters. Starting in 2026, AB 1414 adds Section 1942.8 to the Civil Code, giving tenants the right to opt out of a landlord-bundled third-party internet subscription, whether it’s delivered by wire, cellular, or satellite.

The rule applies to any residential tenancy that begins, renews, or continues on a month-to-month or other periodic basis on or after January 1, 2026. Here’s how it works in practice:

• The tenant sends written notice declining the bundled internet service. No special state form is required, but a dated, written message protects the tenant if there’s a later dispute.
• Once the opt-out is properly made, the landlord cannot require the tenant to pay for that specific internet plan as a condition of the tenancy.
• If a landlord illegally keeps charging for the bundled service after a valid opt-out, the tenant can deduct that cost directly from rent.
• Landlords are barred from retaliating against a tenant for exercising this right.

Rent Control and the AB 1482 Cap: What Happens When It Expires

California’s statewide rent cap, established under AB 1482 in 2019, currently limits annual rent increases to 5% plus the local rate of inflation, up to a hard ceiling. That law is set to expire in mid-2026, which means the second half of the year could bring a real shift in how rent increases are regulated statewide.

As of now, the existing cap is still the operative rule, and no replacement legislation has been finalized. But this is a live issue landlords and tenants both need to watch closely, since a new framework (whether more restrictive or simply a renewal of the current terms) could take effect before the year is out. If you’re negotiating a long-term lease renewal in California right now, it’s worth checking the current status of AB 1482 rather than assuming last year’s numbers still apply by the time you renew again.

Eviction Protections: What Changed and What Didn’t

Unlike 2024, which saw major eviction-related changes under SB 567 (expanding just-cause eviction protections and increasing relocation assistance requirements in many cases), 2026 doesn’t bring a comparable overhaul to eviction procedure on its own. That said, a few things are worth knowing:

• Just-cause protections from SB 567 remain in effect for qualifying tenancies, meaning landlords generally need a legally recognized reason (nonpayment, lease violation, owner move-in, etc.) to terminate a tenancy after 12 months of occupancy.
• AB 628’s habitability changes could indirectly affect eviction cases, since a tenant facing eviction for nonpayment may now have a stronger habitability defense if the unit lacks a working stove or refrigerator.
• Disaster-related protections adopted in recent sessions presume a unit is not habitable when it’s affected by disaster debris, which can pause rent obligations and eviction timelines until the landlord notifies tenants that the unit is livable again and clears debris.

Tenants facing eviction, and landlords initiating one, should confirm the applicable notice period and required documentation for their specific city, since many California municipalities layer additional local eviction ordinances on top of the state baseline.

What Tenants Should Actually Do With This Information

Understanding California landlord-tenant laws is only useful if you act on it. A few concrete steps:

• Check your lease renewal date. If it falls after January 1, 2026, the new appliance and fee disclosure rules apply to you even if your original lease predates them.
• Request your pre-move-out inspection in writing if you’re planning to move, so you have a chance to fix minor issues before the landlord itemizes deductions.
• Document everything. Photos of appliance condition, dated written notices for things like internet opt-outs, and copies of all fee disclosures protect you if a dispute ends up in small claims court.
• Know your habitability rights. A broken stove or fridge is no longer just an inconvenience; it’s a statutory habitability issue under AB 628 for qualifying leases.

What Landlords Should Do to Stay Compliant

For property owners and managers, the 2026 changes mean a few operational updates are overdue if you haven’t made them yet:

1. Update lease templates to reflect AB 747’s fee disclosure requirements and AB 628’s appliance provisions.
2. Audit every unit’s stove and refrigerator before the next lease renewal or amendment, and keep dated photo records.
3. Review your security deposit practices against the AB 12 cap and confirm your electronic refund process complies with AB 414.
4. Train staff on the internet opt-out process under AB 1414 so leasing agents don’t accidentally violate it during move-in.
5. Watch the AB 1482 expiration closely heading into mid-2026, since your rent increase practices may need to change on short notice.

The California Department of Real Estate and local rental housing associations regularly publish compliance updates, and the California Courts self-help center on landlord-tenant matters is a solid, no-cost starting point for procedural questions on both sides of a dispute.

Frequently Asked Questions

Does the new appliance law apply to my current lease? Only if your lease is newly signed, renewed, or amended on or after January 1, 2026. Month-to-month tenancies that continue unchanged aren’t automatically pulled in.

Can my landlord still charge two months’ deposit? Only if they qualify as a “small landlord” under AB 12: a natural person or an all-natural-person LLC owning no more than two properties totaling four units or fewer. Otherwise, the cap is one month’s rent.

What happens when AB 1482 expires? As of now, the existing 5%-plus-inflation cap remains in effect, but the law is set to expire mid-2026, and any replacement framework should be confirmed closer to that date.

Can I really deduct internet costs from rent? Only if you’ve properly opted out of a bundled internet subscription in writing under AB 1414 and the landlord continues charging for it anyway.

Conclusion

California landlord-tenant laws in 2026 reflect a rental market that keeps tightening the rules around transparency, habitability, and how money moves between landlords and tenants. Between AB 12’s one-month security deposit cap, AB 628’s new appliance-based habitability standard, AB 747’s fee disclosure mandate, AB 1414’s internet opt-out rights, and the uncertain future of the AB 1482 rent cap, both sides of a California lease have real homework to do this year. None of these changes are dramatic on their own, but together they raise the compliance bar for landlords and hand tenants sharper, more specific tools to enforce their rights. Whether you own the property or rent it, the smartest move in 2026 is the same: read your lease again, check the dates against these new laws, and don’t assume the rules you learned a few years ago still apply.