California landlord-tenant law limits a rental owner in eight main areas: the AB 1482 rent cap (8.6% for Sacramento increases from August 1, 2026), just cause after 12 months, 30 or 60 days' notice to end a tenancy, a court-only eviction, a one-month deposit returned within 21 days, 24 hours' notice to enter, a habitable home, and bans on discrimination and retaliation. Each area below has a short summary and a link to the page that covers it in depth.
You own a rental house in or near Sacramento, you're weighing whether to sell it, and you want one map of the California rules that apply to you as the landlord, with links to the detail.
California landlord-tenant law at a glance
| Rent cap (Sacramento, AB 1482) | 8.6% for increases from Aug 1, 2026 |
|---|---|
| Rent increase notice | 30 days up to 10%; 90 days above |
| Notice to end a tenancy | 60 days after a year; 30 days under a year |
| Security deposit | One month's rent (two for qualifying small owners) |
| Deposit return | Within 21 days, itemized |
| Entry notice | 24 hours written (6 days if mailed) |
| Retaliation window | 180 days after a habitability complaint |
| Eviction response time | 10 court days (since Jan 1, 2025) |
Where California landlord-tenant law comes from
Most of the rules that bind you as a rental owner sit in a handful of places, and knowing which one you're dealing with tells you who enforces it.
| Source | What it covers | Who enforces it |
|---|---|---|
| Civil Code 1940 onward | Rent, deposits, entry, repairs, notices, retaliation, rent cap and just cause | Tenants in court; the Attorney General and city attorneys for AB 1482 |
| Code of Civil Procedure 1161, 1167 and nearby sections | Three-day notices and the unlawful detainer (eviction) case | Superior Court |
| Fair Employment and Housing Act (Government Code 12955) | Discrimination, including source of income | California Civil Rights Department |
| Sacramento City Code chapters 5.156 and 8.120 | The City's Tenant Protection Program and rental inspections | City of Sacramento |
The Attorney General's tenant page and the Civil Rights Department's housing page are the two state summaries worth bookmarking. This page is general information, not legal advice: a California landlord-tenant attorney should review any notice, lease change or move-out deal before you act on it.
Which landlord-tenant rules apply to your Sacramento rental
Most of this law applies to every rental. Three rules change with the property, and they're the ones that decide how hard a sale is. Find your column:
| Rule | Exempt house (statutory notice given, or built within 15 years) | House covered by AB 1482 | Pre-1995 duplex or apartment in city limits |
|---|---|---|---|
| Rent increase cap | None | 8.6% from Aug 1, 2026, two increases a year | 8.6% from Jul 1, 2026, one increase a year |
| Reason needed to end a tenancy after 12 months | No | Yes, a just cause in Civil Code 1946.2 | Yes, a reason in City Code 5.156 |
| No-fault notice | 30 or 60 days | 30 or 60 days, plus relocation | 120 days and a City filing |
| Deposit, entry, repairs, fair housing, retaliation | Apply | Apply | Apply |
The pick for most owners: work out your column before you decide how to sell. An exempt house with a month-to-month tenant past a year can usually be delivered vacant with 60 days' notice. A covered house can't, which pushes the choice toward selling occupied to an investor or agreeing a move-out first, and that choice changes the price more than any other rule here.
Landlord-tenant rules on rent, notices and eviction
These four areas decide how much you can charge, how you end a tenancy and what happens if a tenant won't leave. Each has its own page on this site.
AB 1482 rent cap and just cause for tenants
The Tenant Protection Act (Civil Code 1947.12 and 1946.2) caps increases and, once a tenant has been in place 12 months, limits the reasons you can end the tenancy. A single-family house can be exempt, but only with the right owner and the statutory notice in writing. Coverage, exemptions and just cause are in the AB 1482 guide for Sacramento owners.
Rent increase limits and landlord notice periods
For Sacramento, the AB 1482 cap is 8.6% for increases taking effect from August 1, 2026. Civil Code 827 adds the notice: 30 days for an increase of 10% or less, 90 days above that. The dates and the arithmetic are on the California rent increase limits page.
Notice to end a tenancy: 30 and 60 days for tenants
Civil Code 1946.1 requires 60 days' written notice to a tenant who has been there a year and 30 days for less, with a narrow 30-day exception during a sale to an owner-occupant. Where just cause applies, the notice must also state a valid reason. The notice to vacate guide for sellers walks through each case.
Eviction through the unlawful detainer process
Only a court can order a tenant out. For unpaid rent the process starts with a three-day notice that states the amount due and doesn't count weekends or court holidays; since January 1, 2025, a served tenant has 10 court days to respond. The California eviction process guide covers each step and the Sacramento court.
Landlord-tenant rules on deposits, entry and repairs
These are the day-to-day duties, and the ones a buyer's agent asks about when you sell with a tenant in place.
Security deposit limits for landlords and the 21-day return
Since July 1, 2024, a deposit can't exceed one month's rent, with a two-month allowance for a natural-person owner (or an LLC of natural persons) holding no more than two rental properties with four units in all. After move-out you have 21 days to return it with an itemized statement. The California security deposit guide covers deductions, photos and penalties.
Landlord entry and showing notice under Civil Code 1954
You can enter for repairs, inspections, an emergency or to show the home to buyers, lenders or new tenants, during normal business hours. Written notice of 24 hours is presumed reasonable, or six days if mailed. For showings to buyers, a written notice that the house is for sale lets you give oral 24-hour notice for the next 120 days, and you leave a note inside after each visit.
Habitability and the landlord's repair duty
Civil Code 1941.1 lists what makes a rental untenantable if it's substantially missing: weatherproofing, working plumbing, gas, heat and wiring, hot and cold water, sewage, clean grounds free of vermin, enough garbage bins, and safe floors and stairs. Requests for repairs should be in writing, and a tenant's complaint starts the retaliation clock described below.
Stove and refrigerator rule for 2026 rental leases
For leases entered into, amended or extended on or after January 1, 2026, AB 628 adds a working stove and refrigerator to that list. A recalled appliance must be repaired or replaced within 30 days of your notice of the recall. A tenant can agree at signing to supply their own refrigerator, using the acknowledgment the statute prescribes.
Landlord lockouts and utility shutoffs
Changing the locks, removing doors or belongings, or cutting utilities to force a tenant out is illegal under Civil Code 789.3, even after a notice expires. The Attorney General's page is blunt about it: only a court eviction is lawful.
Landlord-tenant protections: discrimination, retaliation and immigration status
These rules apply to every rental, exempt or not, and they're where an owner's ordinary decisions most often turn into a claim.
Fair housing and source of income for rental applicants
FEHA protects, among other traits, race, religion, disability, sex, sexual orientation, gender identity, familial status, marital status, age, citizenship, immigration status, military or veteran status and source of income. The Civil Rights Department says a Housing Choice (Section 8) voucher counts, so refusing voucher holders, advertising "No Section 8" or charging them a higher deposit is illegal.
Criminal history checks on rental applicants
The Civil Rights Department's guidance bars blanket bans and says you can't consider arrests without a conviction, sealed or expunged records, or juvenile records. A denial based on a conviction has to relate to whether the person can be a good tenant.
Reasonable accommodation for tenants with a disability
A tenant with a disability can ask for a change to a rule or practice, such as a reserved space, a pet-policy exception or a different rent due date. The request needn't be in writing; you respond promptly, and if you can't grant it, you look for an alternative together. You generally can't ask for medical records or a diagnosis.
Retaliation against a tenant under Civil Code 1942.5
For 180 days after a tenant who is current on rent complains about habitability to you or an agency, or brings a case over it, you can't raise the rent, cut services or seek to recover the home. The tenant can invoke that once in 12 months. Punitive damages run $100 to $2,000 per act where there's fraud, oppression or malice.
Tenant immigration status under Civil Code 1940.3
You can't ask about or require proof of a tenant's or applicant's immigration or citizenship status. You may still verify identity and financial qualifications, and comply with a federal program or a court order. Threatening to report a tenant's status to pressure them out is also retaliation under 1942.5.
What a landlord cannot do in California
This is the question owners search most, and the answer is a short list of acts, each with its own law and its own price.
| Don't | Law | Risk to you |
|---|---|---|
| Lock a tenant out, remove belongings or shut off utilities | Civil Code 789.3 | Damages plus up to $100 a day, at least $250 per claim |
| Raise the rent above the cap, or more than twice in 12 months | Civil Code 1947.12 | The excess, up to three times if willful, and fees |
| End a covered tenancy past 12 months without a stated just cause | Civil Code 1946.2 | A void notice and a defense to eviction |
| Enter without notice outside an emergency | Civil Code 1954 | A claim that access was abused to harass |
| Collect a deposit over the limit, or call any of it nonrefundable | Civil Code 1950.5 | Up to twice the deposit in bad faith |
| Raise rent or cut services after a repair complaint | Civil Code 1942.5 | Damages plus $100 to $2,000 per act |
| Refuse an applicant over a voucher or a protected trait | FEHA | A Civil Rights Department complaint |
| Ask about immigration status | Civil Code 1940.3 | A violation claim; retaliation if used as a threat |
Nearly every item on that list is something a frustrated owner does when they want a house back to sell it. If that's where you are, a lawful sale with the tenant in place, or a negotiated move-out, is cheaper than any of these claims.
Move-out money under California landlord-tenant law
"How much do I have to pay a tenant to move out?" has three different answers, depending on why the tenancy is ending.
AB 1482 relocation payment for a no-fault ending
When you end a covered tenancy for a no-fault just cause, such as owner move-in or withdrawing the home from the rental market, you owe one month of the current rent, paid within 15 calendar days of serving the notice, or you waive the final month's rent in writing. Nothing is owed for an at-fault reason such as unpaid rent.
City of Sacramento TPP and relocation
The City's Tenant Protection Program has longer notice periods for its no-fault reasons, but chapter 5.156 sets no relocation payment of its own. The Sacramento rental rules page has the City's 120-day timeline and filings.
Cash for keys: a voluntary move-out deal
Outside those rules, no law sets a payment. When an owner wants a house empty to sell and has no just cause, the usual route is an agreed payment in exchange for a written move-out date. The amount is whatever you and the tenant agree, and the agreement has to be voluntary. The cash for keys guide covers how owners structure it.
Returning the tenant's deposit on move-out
Separate from any payment, the deposit comes back within 21 days less lawful deductions. For tenancies starting on or after July 1, 2025 you also need move-in photos to support deductions, and since April 1, 2025, photos after move-out and after repairs.
New California landlord-tenant laws for 2024 to 2026
These are the changes that most often catch out an owner who signed leases a few years ago. Each was checked against the chaptered bill or the current statute.
AB 12: one-month deposit limit for landlords (July 1, 2024)
Cut the maximum deposit from two or three months' rent to one, with the two-month allowance for small natural-person owners described above. A service member can't be charged the higher amount.
SB 567: tighter AB 1482 tenant rules (April 1, 2024)
Owner move-in now means moving in within 90 days and staying 12 months; a remodel notice must attach permits; and the remedies for violations grew. The AB 1482 guide has the detail.
AB 2347: 10 court days for a tenant's response (January 1, 2025)
Doubled the time a tenant has to answer an unlawful detainer complaint from five days to ten, not counting weekends and court holidays, and added deadlines for motions. Expect a contested eviction to run longer than it did.
AB 2801: deposit photos for landlords (2025)
Photos after move-out, before and after repairs or cleaning, from April 1, 2025; photos at move-in for tenancies from July 1, 2025. A deduction without them is hard to defend.
AB 414: electronic deposit returns for tenants (2026)
If the tenant paid the deposit or rent electronically, the remaining deposit now goes back electronically unless you both agree in writing to another method, and you must tell the tenant of that right in writing. Otherwise it's returned in person or by check.
AB 628: stove and refrigerator in rental leases (January 1, 2026)
Applies to leases entered into, amended or extended from January 1, 2026, as described in the habitability section. A month-to-month renewal or a lease amendment can bring an older tenancy under it, so check before you list.
2026 rent cap for California landlords
Not a new law, but a new number: 8.6% for Sacramento AB 1482 increases from August 1, 2026, and 8.6% under the City program from July 1, 2026.
Sacramento landlord-tenant rules on top of state law
Inside Sacramento city limits, two City programs add to state law. The Tenant Protection Program covers apartments and duplexes built by February 1, 1995, with its own cap, just cause list, 120-day no-fault notices and a $20 yearly registration per unit; single-family houses and condos are exempt from it. The Rental Housing Inspection Program, by contrast, reaches nearly every rental in the city, houses included.
Outside the city, the County runs its own rental inspection program for unincorporated areas, and AB 1482 is the rent and eviction law. Fees, contacts and what to file when you sell are on the Sacramento rental rules guide.
Landlord-tenant law when you sell a Sacramento rental
A sale doesn't end the tenancy or the rules. Four of them shape how a sale runs.
The tenant's lease and rent cap survive the sale
A lease runs to its end date whoever owns the house, and AB 1482 treats your buyer as your successor, so the rent history and cap carry over.
Showing an occupied rental to buyers
Give the written for-sale notice under Civil Code 1954 first; it lets you arrange showings with 24 hours' oral notice for 120 days. A tenant who is treated well during showings makes the house easier to sell.
Transferring the tenant's deposit at closing
Civil Code 1950.5(i) to (k): you either transfer the deposit to the buyer and notify the tenant, or return it with an accounting; and before closing you give the buyer a written statement of the deposit. A buyer who takes over without it can be jointly liable. Showings, the deposit and investor buyers are covered in selling a rental with tenants in place.
Ending a tenant's tenancy before a vacant sale
Selling isn't a just cause. If the house is covered and the tenant has been there 12 months, you have three lawful paths: a listed reason that genuinely fits, with the relocation payment; a voluntary move-out the tenant signs; or a buyer who keeps the tenant. If the house is exempt or the tenant is newer, a 60-day or 30-day notice may be enough, but count it from when the tenant must be out, not from when you want to list.
Landlord-tenant checklist before you sell
- Lease: month-to-month or fixed term, the start date, and whether the AB 1482 exemption statement is in it word for word.
- Rent ledger: every increase in the past 12 months, with the notices and proof of service.
- Deposit: the amount held, against today's one-month limit, and the move-in photos if the tenancy began after July 1, 2025.
- Repairs: any written complaint in the last 180 days, and whether it's fixed.
- Appliances: a working stove and refrigerator if the lease was signed, amended or extended in 2026.
- City programs: inspection fees current; TPP registration if it's a pre-1995 duplex or apartment.
- Plan for the tenant: sell occupied, agree a move-out, or wait for a lawful cause.
Justin can price the house both ways, rented and vacant, so the law's cost to you shows up as a number. Start with selling your Sacramento rental, or get a rental valuation.
California landlord-tenant law questions from owners
What are the new landlord laws in California for 2026?
Two took effect on January 1, 2026. AB 628 requires a working stove and refrigerator in leases entered into, amended or extended from that date, with recalled appliances replaced within 30 days. AB 414 requires a deposit to be returned electronically when the tenant paid electronically, unless both sides agree otherwise in writing. Sacramento's AB 1482 cap also rose to 8.6% for increases from August 1, 2026.
What is illegal for a landlord to do in California?
The main ones: locking a tenant out or cutting utilities (Civil Code 789.3), raising rent above the AB 1482 cap, ending a covered tenancy without a stated just cause, entering without notice except in an emergency, charging more than the deposit limit, retaliating within 180 days of a repair complaint, asking about immigration status, and refusing applicants with a Section 8 voucher or another protected trait under FEHA.
How much money does a landlord have to give a tenant to move out in California?
Only a no-fault ending of a tenancy covered by AB 1482 requires a payment: one month's rent within 15 days of the notice, or a waiver of the last month's rent. At-fault endings require nothing, and Sacramento's City program sets no relocation payment of its own. Any other move-out payment, often called cash for keys, is a voluntary deal, and the tenant's deposit comes back separately within 21 days.
How much notice does a landlord have to give to enter in California?
Civil Code 1954 presumes 24 hours' written notice is reasonable, or six days if the notice is mailed, and entry must be during normal business hours for a permitted reason such as repairs or showings. No notice is needed in an emergency or if the tenant consents at the time. Once you give written notice that the home is for sale, oral 24-hour notice works for showings for 120 days.
Can a landlord refuse Section 8 in California?
No. Source of income is a protected characteristic under the Fair Employment and Housing Act, and the Civil Rights Department says it includes Housing Choice (Section 8) vouchers. Refusing voucher holders, advertising "No Section 8", declining to complete the voucher paperwork, or charging voucher holders a higher deposit are all listed as illegal. You can still apply the same lawful screening to every applicant.
Does California landlord-tenant law still apply after I sell?
Yes. A sale doesn't end the tenancy, so the lease, the deposit and the rent cap pass to the buyer, who becomes the landlord at closing. Before closing you must give the buyer a written statement of the deposit and either transfer it with notice to the tenant or return it with an accounting. The tenant can only be moved out on the same lawful terms as before.
Who enforces landlord-tenant law in California?
Mostly the tenant, by suing or raising a defense in an eviction case. The Attorney General and city attorneys can enforce AB 1482's rent cap and just cause rules, the Civil Rights Department investigates discrimination complaints, and the City of Sacramento enforces its Tenant Protection Program with administrative penalties of up to $25,000. Superior Court decides unlawful detainer cases.
Sources
- California Attorney General: tenants' rights and landlord obligations
- California Attorney General: rent caps under the Tenant Protection Act
- California Civil Rights Department: housing discrimination
- California Civil Code 1941.1 (untenantable dwellings; stove and refrigerator)
- California Civil Code 1954 (landlord entry)
- California Civil Code 1942.5 (retaliation)
- California Civil Code 1950.5 (security deposits)
- California Civil Code 1940.3 (immigration or citizenship status)
- California Civil Code 1947.12 (rent cap and remedies)
- California Civil Code 789.3 (lockouts and utility shutoffs)
- California Code of Civil Procedure 1161 (three-day notices)
- AB 628 (2025), chaptered: stove and refrigerator
- AB 414 (2025), chaptered: return of security deposits
- AB 2347 (2024), chaptered: unlawful detainer response time
- AB 2801 (2024), chaptered: security deposit photos
- AB 12 (2023), chaptered: security deposit limit
- Judicial Council of California self-help: eviction for landlords
- City of Sacramento: 2026 TPP annual rent adjustment notice
Reviewed by Justin Vierra
Justin reviewed this page for accuracy on October 28, 2026. Figures come from the sources listed above. Our research process.
Justin Vierra is a Sacramento Realtor® with GUIDE Real Estate and Principal of the Vierra Group who sells rental homes for their owners, with tenants in place or vacant. He spent six years in Midtown property management before he began selling homes in 2010.
- Since 2010Licensed in California, DRE #01880488
- 6 yearsManaging Midtown rental property before he sold homes
- 447Vierra Group team sales on Zillow, 26 in the past 12 months
- 440+Career sales, as reported by Justin
- Six years in property management: Midtown Sacramento: older buildings, multifamily property, maintenance and tenants
- Principal, Vierra Group: His team at GUIDE Real Estate, 3001 I Street, Sacramento
- Sacramento Real Producers: Top 250 agent for 2025, as reported by Justin
Realtor®, DRE #01880488. Vierra Group, GUIDE Real Estate, 3001 I St, Suite 200, Sacramento, CA 95816. General information, not legal, tax or financial advice.
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