California Department of Real Estate Landlords' and Tenants' Rights Guide

Table of Contents

Starting in 2025, there will be several major amendments to landlord and tenant rights in California as the result of legislation passed by the Legislature and signed by Governor Newsom in 2024. Notable new changes taking effect in 2025 include:

Unlawful Detainer Actions. Tenants will have ten days, instead of five, to file a response with the court after their landlord serves them an unlawful detainer (aka “eviction”) complaint. AB 2347 (Kaira, Chapter 512, Statutes of 2024).

Case records for limited unlawful detainer actions will be masked for all tenants, including tenants of mobilehome parks, until a landlord receives a judgment in their favor within 60 days of filing their case. AB 2304 (Lee, Chapter 711, Statutes of 2024.)

Application Screening Fees. Landlords may charge a rental application screening fee only if, at the time the fee is collected, the landlord offers an application screening process that meets certain legal requirements. A landlord or their agent is prohibited from collecting an application screening fee if they know or should have known that no rental unit is available at the time or within a reasonable period of time of when the fee is collected. AB 2493 (Pellerin, Chapter 966, Statutes of 2024).

Security Deposits. Landlords must meet additional requirements before they can deduct from a tenant's security deposit and are further limited in what repair and cleaning costs they can deduct. Landlord will not be entitled to deduct any amount from a tenant's security deposit if the landlord in bad faith fails to comply with the legal requirements regarding the return of a tenant's security deposit. AB 2801 (Friedman, Chapter 280, Statutes of 2024).

Reporting Positive Rental Payment History. Landlords will be obligated to offer their tenants the option of reporting their positive rental payments to at least one nationwide consumer reporting agency. Tenants may opt-into and opt-out of having their landlord report their positive rental payments with some limitations and requirements. AB 2747 (Haney, Chapter 279, Statutes of 2024).

Lock Changes. Certain landlords will be required to change the lock(s) of a tenant's unit at the tenant's written request, and at the landlord's expense, if a tenant or a member of the tenant's immediate family or household member is the victim of abuse or violence. Landlords are prohibited from taking an adverse action against a prospective or current tenant if they previously requested to have their locks changed due to abuse or violence, broke their lease due to abuse or violence, or previously summoned law enforcement or emergency assistance to the premises as the victim of or on behalf of a victim of abuse or as the result of a crime or in an emergency situation. SB 1051 (Eggman, Chapter 75, Statutes of 2024).

Parking. Tenants will be allowed to refuse to pay for parking in newer "qualifying residential properties." This will allow residents to avoid the cost of parking when it is bundled with the price of rent. “Qualifying residential properties” do not include residential units leased to tenants who receive federal housing assistance vouchers. AB 2898 (Carillo, Wendy, Chapter 280, Statutes of 2024).

Termination of Tenancy. Landlords pursuing no-fault case evictions for purposes of occupying the property for themselves or relatives face heightened standards of intent and occupancy of evicted properties. Beginning January 1, 2025, a landlord who is a natural person and who is a beneficial owner of a limited liability company or partnership may also utilize the landlord move-in no-fault eviction process if they have at least a 25% ownership interest in the property. SB 479 (Durazo, Chapter 8, Statutes of 2024).