Showing posts with label Evictions. Show all posts
Showing posts with label Evictions. Show all posts

Thursday, October 8, 2026

California Landlord-Tenant Law Changes in 2026: 7 Key Updates

 

California Landlord-Tenant Law Changes in 2026: 7 Key Updates

Updated October 8, 2026 | Washington Law Firm

California's rental housing laws continue to evolve. Legislative changes that took effect in 2025 and 2026 have introduced new requirements involving rental appliances, security deposit refunds, internet subscriptions, tenant screening, rent payment reporting, and eviction procedures.

Understanding these changes is important for property owners, property managers, and tenants alike. Failure to comply with applicable requirements can result in disputes, financial liability, or challenges in court.

Below are seven important updates to California landlord-tenant law and their practical implications.

1. Landlords Must Provide Working Stoves and Refrigerators in Covered Rentals

Effective January 1, 2026 — Assembly Bill 628  

California Assembly Bill 628 amended the state's minimum habitability requirements.

Under California Civil Code Section 1941.1, covered residential rental units must now include a working stove capable of safely generating heat for cooking and a working refrigerator capable of safely storing food.

The new requirement applies to rental agreements entered into, amended, or extended on or after January 1, 2026.

The law also requires landlords to repair or replace covered appliances subject to manufacturer or government recalls within 30 days of receiving notice of the recall.

Are there exceptions?

Yes. Certain housing arrangements, including qualifying permanent supportive housing, single-room occupancy units, residential hotels, and facilities offering communal kitchens, are excluded from the new appliance requirements.

A tenant may also voluntarily agree to provide and maintain their own refrigerator if the statutory written-lease conditions are satisfied. A landlord cannot make a tenant's provision of a refrigerator a condition of obtaining the tenancy. The tenant must be permitted to request a landlord-provided refrigerator upon 30 days' written notice.

Legal analysis: Because these appliances are now part of the statutory habitability standards for covered rentals, landlords should treat appliance maintenance as a housing-compliance issue rather than merely an optional amenity. However, available remedies depend on the circumstances and applicable law.

Authority: California Civil Code § 1941.1; AB 628, Chapter 342, Statutes of 2025.

2. Electronic Security Deposit Refunds Are Now Required in Certain Cases

Effective January 1, 2026 — Assembly Bill 414

California has modernized its rules governing the return of residential security deposits.

Under amended Civil Code Section 1950.5, when a landlord receives rent or a security deposit electronically, the landlord generally must return the remaining security deposit electronically, unless the parties agree in writing to another method.

The law also requires applicable landlords to notify tenants of their right to receive the refund electronically within the statutory notification period when the tenancy is ending.

Separate rules address refunds involving multiple adult tenants, including written agreements concerning allocation and payment methods.

Importantly, the existing requirement to account for and return security deposits generally within 21 calendar days after a tenant vacates remains in effect.

Legal analysis: Landlords should update their move-out procedures to obtain required payment instructions and written agreements. Tenants should understand that electronic repayment does not eliminate a landlord's right to make lawful deductions for unpaid rent, qualifying damage, or other authorized charges.

Authority: California Civil Code § 1950.5(h); AB 414, Chapter 340, Statutes of 2025.

3. Tenants Have New Rights to Opt Out of Internet Subscription Charges

Effective January 1, 2026 — Assembly Bill 1414

Some California rental properties use bulk internet arrangements in which internet service is bundled into a tenant's housing charges.

Assembly Bill 1414 introduced new protections under Civil Code Section 1942.8.

For residential tenancies falling within the statute, including specified new, renewed, and continuing periodic tenancies on or after January 1, 2026, landlords must allow tenants to opt out of paying for third-party internet service subscriptions offered in connection with the tenancy.

The law does not prohibit landlords from offering bulk internet arrangements. Instead, it protects the tenant's choice whether to pay for the covered subscription.

It also prohibits retaliation for exercising the right to opt out.

Legal analysis: If a landlord violates the statutory opt-out requirement, a tenant may be entitled to deduct the covered subscription cost from rent. Because improper rent deductions can create legal risks, tenants should verify the law's applicability and document their requests before exercising this remedy.

Authority: California Civil Code § 1942.8; AB 1414, Chapter 506, Statutes of 2025.

4. Security Deposit Deductions Now Require More Photographic Documentation

Changes phased in during 2025 — Assembly Bill 2801

California strengthened its security deposit rules through AB 2801.

Under Civil Code Section 1950.5:

  • Beginning April 1, 2025, landlords must photograph the rental unit within a reasonable time after the tenant returns possession, before performing repairs or cleaning for which a security deposit deduction will be made, and again after that work is completed.

  • For tenancies beginning on or after July 1, 2025, landlords must photograph the unit immediately before or at the beginning of the tenancy.

  • When deductions for qualifying repairs or cleaning are made, landlords generally must provide the required photographs and supporting cost documentation with the itemized security deposit statement, subject to statutory provisions.

The law also reinforces restrictions on charging tenants for ordinary wear and tear, preexisting damage, or cleaning that is not reasonably necessary to restore the premises to their initial condition.

Legal analysis: Photographs can help establish whether a deduction reflects tenant-caused damage rather than ordinary deterioration. Landlords should maintain organized, dated inspection records. Tenants should also preserve their own move-in and move-out photographs, inspection correspondence, and payment records.

Authority: California Civil Code § 1950.5(e), (g), and (h); AB 2801, Chapter 280, Statutes of 2024.

5. Many Landlords Must Offer Positive Rent Payment Reporting

Offers required beginning April 1, 2025 — Assembly Bill 2747

Assembly Bill 2747 established a process allowing eligible California tenants to have positive rental payment information reported to qualifying consumer reporting agencies.

Under Civil Code Section 1954.07, covered landlords must offer tenants the option to report qualifying on-time rent payments.

For leases entered into on or after April 1, 2025, the offer must be made when the lease is executed and at least annually thereafter. For leases already outstanding as of January 1, 2025, the initial offer was due by April 1, 2025.

Participation is voluntary for tenants.

A landlord may charge no more than the lesser of $10 per month or the landlord's actual cost of reporting. If the landlord incurs no cost, no fee may be charged.

The law includes exclusions, including many buildings containing 15 or fewer units and certain assisted housing developments. Specific ownership structures can affect whether the small-building exclusion applies.

Legal analysis: The legislation provides some tenants with an opportunity to build credit through documented timely rent payments. Landlords subject to the law should maintain compliant written election forms, track annual offers, and honor tenant opt-out requests. Failure to pay an optional reporting fee is not itself grounds for terminating the tenancy.

Authority: California Civil Code § 1954.07; AB 2747, Chapter 279, Statutes of 2024.

6. Rental Application Screening Fees Face Stricter Rules

Effective January 1, 2025 — Assembly Bill 2493

California Civil Code Section 1950.6 limits when landlords and property managers may charge application screening fees.

Under the revised framework, landlords charging such fees must use one of the legally permitted screening approaches.

One approach generally requires reviewing completed applications in order, providing written screening criteria, approving the first applicant who satisfies those criteria, and avoiding a screening charge unless the application is actually considered.

The alternative allows a qualifying process in which the entire screening fee is refunded to applicants not selected for tenancy, within the statutory timeframe.

A landlord also cannot charge an application screening fee when the landlord knows or should know that no rental unit is available or will become available within a reasonable period.

Legal analysis: The reform is designed to discourage unnecessary screening charges and improve transparency. Prospective tenants should retain copies of application materials and payment receipts. Housing providers should document screening procedures and refund decisions to demonstrate compliance.

Authority: California Civil Code § 1950.6; AB 2493, Chapter 966, Statutes of 2024.

7. Tenants Generally Have 10 Court Days to Respond to an Eviction Lawsuit

Effective January 1, 2025 — Assembly Bill 2347

California extended the standard deadline for responding to an unlawful detainer lawsuit from five court days to 10 court days.

Under Code of Civil Procedure Section 1167, a tenant personally served with an eviction summons and complaint generally has 10 court days to respond.

Court days exclude Saturdays, Sundays, and judicial holidays.

Different service methods can alter the calculation. For example, substituted service or court-authorized posting and mailing involve additional service-completion rules.

Legal analysis: The longer response period provides tenants additional time to seek counsel and prepare a defense, but an eviction lawsuit remains an expedited court proceeding. A tenant who misses the applicable deadline risks a default judgment. Landlords must also calculate response periods correctly before seeking default relief.

This change does not eliminate lawful grounds for eviction or prevent a landlord from pursuing possession through the required legal process.

Authority: California Code of Civil Procedure § 1167; AB 2347, Chapter 512, Statutes of 2024.

What About California Rent Increase Limits in 2026?

Although not a newly enacted 2026 rule, California's Tenant Protection Act remains a critical part of the legal framework.

For many covered properties, Civil Code Section 1947.12 limits annual rent increases to 5% plus the applicable change in the cost of living, or 10%, whichever is lower, over the relevant 12-month period.

These limits have statutory exceptions. Local rent stabilization ordinances may impose stricter requirements.

The applicable percentage also depends on the property's location and the effective date of a rent increase. Landlords and tenants should consult the California Attorney General's current rent-cap guidance rather than assume a single statewide percentage applies everywhere.

Authority: California Civil Code § 1947.12; California Attorney General's rent guidance.

Practical Steps for California Landlords and Tenants

For landlords: Review lease forms and renewal practices, check appliance requirements, update security deposit documentation and refund procedures, review internet subscription charges, and ensure that tenant screening and rent-reporting processes comply with applicable law.

For tenants: Review your lease carefully, keep written records and photographs, understand which protections apply to your property, request required disclosures or refunds where appropriate, and respond promptly to eviction-related court documents.

Both parties should also check applicable municipal ordinances because California state law does not eliminate additional local rental housing protections.

Conclusion

California's 2025 and 2026 landlord-tenant reforms reflect increased emphasis on habitability, transparency, consumer choice, and procedural fairness.

The new rules concerning appliances, security deposits, internet subscriptions, rent reporting, screening charges, and eviction response deadlines can materially affect how residential rental relationships are managed.

Understanding the statutory requirements before a disagreement arises can help landlords and tenants avoid preventable disputes.

Legal Disclaimer

This article is provided for general educational information and is not legal advice. It discusses California law, not Washington law. The application of any statute depends on the circumstances, applicable exemptions, local ordinances, and subsequent legal developments. Readers with California landlord-tenant legal questions should consult a California-licensed attorney. Publication by Washington Law Firm should not be understood as a representation that the firm is authorized to practice California law.