Most landlords don’t get into legal trouble because they’re trying to cut corners. They get into trouble because they genuinely didn’t know a rule existed — and in California, there are a lot of rules. The state has some of the most tenant-protective landlord-tenant laws in the country, and a well-meaning decision that would be perfectly normal in another state can turn into a lawsuit here.
We’ve written before about tenant rights in California and given a broader overview of California landlord-tenant law. This article comes at the topic from the other direction: instead of what tenants are entitled to, let’s talk plainly about the specific things you, as a landlord, are legally prohibited from doing — the mistakes that show up again and again in complaints, lawsuits, and Better Business Bureau filings against otherwise reasonable property owners.
1. You Can’t Enter the Property Whenever You Want
This is probably the single most common way landlords accidentally violate the law. Even though you own the property, once it’s leased, your tenant has a legal right to “quiet enjoyment” of the home. That means you generally need to give at least 24 hours’ written notice before entering for a non-emergency reason — a repair, an inspection, showing the unit to a prospective tenant or buyer.
There are exceptions. In a genuine emergency (a burst pipe, a fire, a gas leak), you can enter without notice. But “I was in the neighborhood” or “I just wanted to check on things” doesn’t qualify, and tenants who feel their landlord is popping in unannounced have a real legal complaint on their hands.
2. You Can’t Just Change the Locks or Shut Off Utilities
If a tenant stops paying rent or you’re in the middle of a dispute, the instinct to simply lock them out or shut off the water can feel tempting. Don’t. California law explicitly prohibits self-help evictions — meaning any attempt to force a tenant out without going through the formal court eviction process. That includes changing the locks, removing the front door, shutting off electricity or water, or removing a tenant’s belongings.
Even if the tenant is genuinely in the wrong — even if they haven’t paid rent in months — the only legal path to removing them is a formal eviction through the courts, following the notice periods we’ve outlined in our guide to 3-day, 30-day, and 60-day eviction notices. Landlords who take matters into their own hands can end up owing the tenant damages, on top of losing the eviction case entirely.
3. You Can’t Charge Whatever You Want for a Security Deposit
California caps how much you can collect as a security deposit, and the rules changed as of July 2024. For most residential leases, the cap is now one month’s rent, regardless of whether the unit is furnished, with a narrow exception for small landlords who own no more than two rental properties with no more than four total units, who can charge up to two months’ rent in some cases.
There are also strict rules around how quickly you must return a deposit (21 days after move-out) and what you can and can’t deduct. We go into much more detail on this in our full breakdown of California security deposit law — it’s worth a full read if you handle deposits yourself.
4. You Can’t Raise Rent However Much, Whenever You Want
Since AB 1482 took effect, most rental properties in California are subject to statewide rent caps, limiting annual rent increases to 5% plus the local rate of inflation, or 10% total, whichever is lower. There are exemptions — certain single-family homes and newer construction, for example — but you can’t assume your property is exempt without checking.
You’re also required to provide advance written notice of any rent increase: 30 days for increases of 10% or less within a rolling 12-month period, and 90 days for anything above that, under Civil Code Section 827. We cover the specifics, including which properties are exempt, in our guides on California rent increase laws and AB 1482 explained.
5. You Can’t Evict Without “Just Cause” (In Most Cases)
Related to AB 1482: once a tenant has lived in a covered property for 12 months (or 24 months if there are multiple tenants, and a new one moves in during that period), you generally can’t simply decline to renew their lease or ask them to leave without a legally recognized reason. Those reasons fall into two categories — “at-fault” (like nonpayment of rent or lease violations) and “no-fault” (like moving in a family member or taking the unit off the rental market) — and no-fault terminations typically require paying the tenant relocation assistance.
Landlords who assume they can simply not renew a lease the way they might in a more landlord-friendly state are often surprised to learn California doesn’t work that way anymore for the vast majority of rental housing.
6. You Can’t Discriminate — And the List of Protected Categories Is Long
Federal Fair Housing law protects against discrimination based on race, color, religion, sex, national origin, familial status, and disability. California’s Fair Employment and Housing Act (FEHA) goes further, adding protections for source of income (meaning you generally can’t refuse an applicant simply because they’re paying with a Section 8 voucher), sexual orientation, gender identity, marital status, ancestry, and several other categories.
This applies to every stage of the rental relationship — how you advertise a unit, how you screen applicants, and how you enforce lease terms. A seemingly neutral policy that ends up disproportionately affecting a protected group can still be considered discriminatory, even without any intent to discriminate. If you’re doing your own tenant screening, it’s worth revisiting our tenant screening checklist to make sure your criteria are applied consistently to every applicant.
7. You Can’t Retaliate Against a Tenant Who Exercises Their Rights
If a tenant complains to code enforcement about a habitability issue, requests repairs, or joins a tenant’s union, California law prohibits you from retaliating — no raising their rent, no serving an eviction notice, no reducing services — within 180 days of that protected activity. Courts and juries tend to be skeptical of landlords whose “unrelated” decision to raise rent or issue a notice happens to land right after a tenant complaint, so the timing alone can create legal exposure even if your reasoning is genuinely unrelated.
8. You Can’t Ignore Habitability Requirements
California’s implied warranty of habitability requires you to maintain the property in livable condition — functioning plumbing, heating, weatherproofing, and freedom from serious health and safety hazards. If a tenant reports a genuine habitability issue (a broken heater in winter, a persistent plumbing leak, an infestation), you’re legally obligated to address it within a reasonable timeframe. Ignoring these requests doesn’t just risk a habitability lawsuit — tenants in some cases can legally withhold rent or make the repair themselves and deduct the cost, under specific legal procedures.
9. You Can’t Reject an Emotional Support Animal Using Standard Pet Policies
This one surprises a lot of landlords: a “no pets” policy doesn’t apply to legitimate emotional support animals or service animals. These are treated as a disability accommodation, not a pet, which means you generally can’t charge a pet deposit or pet rent for them, and you can only deny a request in narrow circumstances (such as a documented, specific safety risk). We touch on the related topic of pet policies in our guide to pet deposits in California, which is a useful companion read if this is an area where your current lease language needs updating.
10. You Can’t Skip the HOA and Local Ordinance Layer
If your rental sits within an HOA, or in a city with its own local rent control or tenant protection ordinance, state law is often just the floor, not the ceiling. Local rules can be more restrictive than AB 1482, and HOA rules can add another layer of requirements on top of state law. We’ve broken down how these interact in our article on HOA rental restrictions in California — it’s a good next read if your property is part of a homeowners association.
Why This List Matters More Than It Might Seem
None of these rules exist in isolation, and violating one often triggers exposure on several fronts at once — a wrongful entry can also look like harassment, a botched deposit return can also look like retaliation if the timing is bad. The pattern we see most often isn’t landlords deliberately breaking the law; it’s landlords who learned how to manage rental property years ago, in a different regulatory environment, and haven’t kept pace with how much California law has shifted since.
Staying on the Right Side of These Rules
If reading through this list left you wondering whether your current lease, notice templates, or day-to-day habits might already be out of step with the law, you’re not alone — this is one of the most common reasons Bakersfield property owners eventually decide to bring in professional help. A property manager exists in part to stay current on exactly these rules so you don’t have to track every legislative change yourself, and to make sure notices, deposit handling, and maintenance response times are documented correctly from day one.
Whether you manage your property yourself or work with a team, this is a list worth revisiting periodically — California’s landlord-tenant law doesn’t stand still, and what was compliant two years ago isn’t guaranteed to be compliant today.
Not sure if your current practices are fully compliant with California law? Reach out to our team — we help Bakersfield property owners manage their rentals the right way, from day-to-day operations to staying ahead of legal changes
This content is provided for general informational and educational purposes only and does not constitute financial, legal, tax, or investment advice. Readers should consult with licensed professionals regarding their specific circumstances.
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