California Tenant Laws That Can Catch First-Time Landlords Off Guard
Considering leasing your home in Encinitas, Carlsbad, or Solana Beach? Congrats, you’re officially a landlord! But before popping the champagne, it’s worth noting that California has some of the most tenant-friendly laws in the country. If you're not fully prepared, a minor oversight can lead to costly legal issues.
Whether you’re renting out a vacation home in Del Mar, managing an inherited property in Cardiff, or investing in rentals in Leucadia, this guide is for you. We'll walk you through California tenant laws that often catch first-time landlords off guard, especially in North County San Diego.
Let’s break it down without legal jargon or scare tactics, just the facts, practical examples, and what to do about it.
1. Rent Control & AB 1482 (The Tenant Protection Act)
What Is It?
AB 1482 limits annual rent increases and outlines the grounds on which a landlord may terminate a tenancy in California.
Applies To
Properties more than 15 years old, unless exempt (e.g., single-family homes owned by individuals).
Key Mistake Landlords Make
Assuming rent can be raised by any amount once per year. In fact, AB 1482 caps increases to 5% plus local inflation, not to exceed 10% total annually.
Local Twist
Cities like Encinitas or Del Mar may layer on additional local ordinances. Always check both state and city-specific rules.
What To Do
Check property age and exemptions
Stay below the capped increase
Provide the AB 1482 disclosure in writing (required by law)
2. "Just Cause" Eviction Rules
Why It Matters
Under AB 1482, you can’t just terminate a lease because you want the property back. You need a "just cause" like non-payment, lease violation, or owner move-in.
Surprise For New Landlords
Even after the lease ends, a tenant may have the right to stay unless a valid cause exists. Month-to-month doesn’t mean you can boot them at will.
What To Do
Document all communications
Provide written notice and adhere to the proper legal timelines.
Consider working with a North County San Diego property manager to avoid slip-ups
3. Security Deposit Restrictions
The Law
The law limits the amount of security deposits.
Until July 1, 2024, the limit is two times the monthly rent (or, for furnished units, three times the rent).
After July 1, 2024, the limit is one month’s rent. For landlords who own no more than two residential rental properties that collectively include no more than four total units for rent, the limit is two times the monthly rent, but only if the landlord is a natural person or a limited liability company in which all members are natural persons.
Standard Misstep
Charging extra fees and calling them "non-refundable deposits" (not allowed in California).
You Must Also
Return deposits within 21 days of move-out
Provide a detailed itemized deduction list
Include receipts for any work or cleaning over $125
What To Do
Keep move-in and move-out checklists
Use dated photos
Avoid calling any fee “non-refundable.”
4. Required Disclosures You Might Miss
These are not optional. Disclosures required by California law include:
Bed bug disclosure
Flood risk disclosure
Pest control disclosure (if recent treatments occurred)
Mold presence
Lead-based paint (for homes built before 1978)
New Landlords Often Forget
These must be given in writing before the lease is signed.
What To Do
Use a checklist of disclosures
Keep digital copies for your records
Work with a licensed property manager in Carlsbad or Encinitas who can standardize the process
5. Tenant Privacy Rights & Notice of Entry
The Rule
You must provide at least 24 hours written notice before entering the rental for maintenance, inspection, or showings.
Caught Off Guard
New landlords sometimes think ownership gives them full access. It doesn’t.
Violation = Lawsuit. Yes, even for well-intentioned check-ins.
What To Do
Always give written notice
Enter only during “normal business hours.”
Only enter for legal reasons or those outlined in the lease documents.
6. Anti-Discrimination Laws Are Broader Than You Think
You likely know about race, gender, religion, and related factors. But California also protects against discrimination based on:
Source of income (e.g., Section 8 or other housing vouchers)
Family status (e.g., renting to tenants with children)
Gender identity and expression
Citizenship or immigration status
Mistake
Writing "no Section 8" in your listing is illegal in California.
What To Do
Review your marketing language
Don’t ask unnecessary personal questions during screening
Use standard, legal criteria (credit, references, income)
7. Late Fees & Grace Periods
Can you charge late fees? Yes, but only if they’re reasonable and disclosed in the lease.
But Here’s The Twist
California law doesn’t define “reasonable,” and courts often side with tenants if you overcharge.
Some cities may also require grace periods before late fees apply, even if your lease states otherwise.
What To Do
Cap late fees at a modest, flat amount (e.g., $50 or 5%)
Avoid daily penalty structures
Clearly outline this in the lease and review it with the tenant
8. Fair Housing and Advertising Laws
Your listing in Cardiff, Leucadia, or Solana Beach may unintentionally violate fair housing laws if you say things like:
"Perfect for single professionals."
"No kids"
"English-speaking only"
Why This Matters
Even if your intentions are good, this language can be seen as discriminatory.
What To Do
Focus on features, not people
Use phrases like “2-bedroom, 1-bath, near transit” instead
Let your property management company review your listing first.
9. Maintenance Responsibilities
Under California law, landlords must maintain:
Habitability (running water, heat, plumbing, no leaks)
Pest-free conditions
Smoke/carbon monoxide detectors
Locks and deadbolts
Landlord Myth
“I told the tenant to take care of the repairs since they live there.”
That won’t fly in court.
What To Do
Handle repairs quickly
Maintain a list of preferred vendors
Budget 1–2% of the property value annually for upkeep
10. Local Short-Term Rental (STR) Restrictions
Many North County San Diego cities (like Del Mar and Solana Beach) have STR restrictions. For example:
You may need a permit
There could be night minimums or maximums
You must register and pay Transient Occupancy Taxes (TOT)
Trap For First-Timers
Listing on Airbnb or VRBO without checking local regulations can lead to severe fines.
What To Do
Call your city’s planning department
Get STR permit approval before listing
Or work with a North County property manager familiar with these rules
How to Keep Up with Ever-Changing Laws
Let’s be honest, laws change fast. What was legal in 2023 might be outdated by 2025.
Ways to stay updated
Subscribe to the California Department of Consumer Affairs
Follow local ordinances in Encinitas, Del Mar, Cardiff, and surrounding areas.
Work with a property management company that keeps tabs for you (hint: like us!)
Keep Your Investment, Lose the Headache
Being a landlord in California isn’t impossible; it just requires staying informed. If you’re renting in Encinitas, Carlsbad, Leucadia, Solana Beach, Del Mar, or Cardiff, you’ll want a partner who understands the ins and outs of California tenant law.
At Local Properties, we help investment property owners lease and manage their homes legally, efficiently, and profitably without the stress. Whether you’re listing for the first time or tired of managing everything yourself, we’ve got your back.
Ready to rent smarter? Visit Local Properties to learn more and get started.
