California state guide
California Rental Letters: Deposits, Notices and Evictions
What California courts and the Department of Real Estate say about deposit refunds, move-out notices, eviction notices and rent caps, with official links.
Topics in this guide
- Security deposits
- Tenant notice
- Landlord notices
- Eviction process
- Rent increases
- Where to get help
California is unusual in two ways that matter for rental letters. The state courts run a self-help site that explains deposits and eviction notices in plain language, and the state has a Tenant Protection Act with rent caps and “just cause” rules, with many cities and counties adding ordinances on top. This guide summarizes what the official pages say and links to them. A LetterForgeUSA editor (a software engineer, not an attorney) read each page on October 16, 2026.
The numbers at a glance
| Situation | What the official page says | Source |
|---|---|---|
| Deposit refund after move-out | 21 days to return it or send an itemized statement | CA Courts: Security deposits |
| Receipts for deductions | Required when deductions exceed $125 | CA Courts: Security deposits |
| Tenant ending a month-to-month tenancy | Written notice equal to the rent period, usually 30 days | DRE Guide: Moving out |
| Landlord ending a month-to-month tenancy | 30 days if under 1 year, 60 days if 1 year or more | CA Courts: Types of eviction notices |
| Responding to an eviction lawsuit | 10 court days after personal service | CA Courts: Fill out an Answer |
| Rent increase cap under the Tenant Protection Act | 5% plus CPI or 10%, whichever is less, in 12 months | DRE California Tenants guide (2026) |
These are summaries, not advice about your case. Your lease, your city and the type of housing can change the answer.
Security deposits
After a tenant moves out, the court guide describes a 21-day period to return the deposit or provide an itemized statement, with receipts for deductions over $125 (source: CA Courts: Security deposits).
Before move-out, ask about an inspection. The DRE guide says the tenant can request this inspection during the last 14 days of the tenancy with at least 48 hours’ written notice from the landlord, who then lists the cleaning or repairs needed to avoid deductions. From April 1, 2025, landlords must photograph the unit before and after any repairs or cleaning they deduct for (source: DRE Guide: Moving out).
The courts page does not mention a forwarding address. Give your new mailing address in writing anyway; a dated letter proves when the landlord had it.
If the deposit does not come back, the courts page describes a demand letter and small claims proceedings, including possible additional damages for bad-faith retention (source: CA Courts: Security deposits). Whether bad faith applies is a court’s decision. A demand letter states facts and asks for the money.
The courts site offers a free guided interview that prepares a deposit demand letter (source: CA Courts: Demand letter program). LetterForgeUSA’s security deposit demand letter does the same job, with a California option that adds one neutral sentence about the 21-day period; see also the deposit records checklist.
Giving notice as a tenant
The courts’ self-help site has no page about a tenant giving notice to move out; its housing hub and full eviction index cover only the landlord’s notices and the court case (source: CA Courts: Housing hub; CA Courts: Eviction index). The state source that does cover it is the Department of Real Estate guide.
That guide says a tenant must give written notice before moving, even if the tenancy was created orally. The notice period equals the length of the rent period, 30 days for month-to-month and 7 days for week-to-week, unless the rental agreement specifies a different period. Notice can be given at any point in the rental period, but rent is owed through the end of the notice period; the guide’s example is notice given September 10 ending the tenancy October 10. The notice should be dated, state the move-out date and be copied for your records; the guide recommends in-person delivery or certified mail with a return receipt. A fixed-term lease ends at the end of its term unless the agreement says otherwise, and if the landlord accepts rent after it expires the tenancy becomes periodic (source: DRE Guide: Moving out). Many leases still require written notice before the end date, so read your clause.
The tenant notice to vacate generator writes this letter. It counts the calendar days between your delivery date and planned last day as a fact; it does not decide whether that count satisfies your lease or state law.
Landlord notices and the eviction case
A California eviction starts with a written notice. “Eviction notices are not court forms”, and a landlord who leaves out required information can lose the case (source: CA Courts: Types of eviction notices). The landlord page lists:
- 3-day notice to pay rent or quit. Only past-due rent may be demanded, not late fees, utilities or damages; the three days exclude Saturdays, Sundays and court holidays.
- 3-day notice to perform covenants or quit. For a violation the tenant can fix, counted the same way; some cities require a “cease and desist” letter first.
- 3-day notice to quit. For serious problems such as illegal activity or major damage; this one counts weekends and holidays.
- 30-day or 60-day notice to quit. Ends a month-to-month tenancy: 30 days if the tenant has lived there less than a year, 60 days if a year or more.
- 90-day notice to quit for Section 8 housing, and a 30-day notice to vacate for properties covered by the federal CARES Act.
(source for the list: CA Courts: Types of eviction notices). The tenant-side list adds that for every notice, day 1 is the day after you receive it (source: CA Courts: Types of notices for tenants), and that for move-out-only notices a last day on a weekend or holiday moves to the next business day (source: CA Courts: What to do when you get a notice).
Just cause and relocation money. Under the Tenant Protection Act (Civil Code section 1946.2), most tenancies need a just cause for eviction once the tenant has lived in the unit for 12 months. No-fault reasons are owner or family move-in, withdrawal from the rental market, major repairs or demolition, and compliance with a government order, and a no-fault termination requires one month’s rent as relocation assistance or a waiver of the last month’s rent, stated in the notice (source: CA Courts: Types of eviction notices). The tenant page names some exemptions: tenancies under one year, certain owner-occupied homes, certain duplexes, and housing built within the last 15 years (source: CA Courts: Types of notices for tenants). Neither page gives a complete list.
The court case. If the tenant does not do what the notice says, the landlord files court papers. The tenant must respond, usually with an Answer on form UD-105, within 10 court days of being handed the papers (10 calendar days plus 10 court days after substituted service or posting), or the judge can decide without them; fee waivers are available (source: CA Courts: Fill out an Answer). If an Answer is filed there is a trial; a tenant who loses can move out or ask for more time, or the landlord can ask the sheriff to remove them (source: CA Courts: Eviction overview for tenants). Both overview pages put the case at 30 to 45 days or longer (source: CA Courts: Eviction overview for landlords).
If you received a notice. The courts call a notice “a warning with a deadline” and list your choices: do what it says by the deadline, talk to your landlord or ask for a mediator, move out, or do nothing and risk a court case. If the notice was not delivered correctly or is missing required information, the court might not allow the eviction, which is a reason to get free legal help quickly (source: CA Courts: What to do when you get a notice). Moving out before the deadline avoids court, but the landlord can still sue for money owed (source: CA Courts: Options after a notice).
LetterForgeUSA’s landlord notice to vacate and pay or quit notice pages are guidance only for California: they explain the requirements and link to the sources but do not generate a notice, because no professional review of our rules has been recorded. See notice to vacate versus eviction notice for the difference between the two documents.
Rent increases
The California Department of Real Estate tenant guide describes the Tenant Protection Act cap as 5% plus CPI or 10%, whichever is lower, for covered housing over a 12-month period. Coverage and exemptions matter; this is not a calculation for your unit (source: California Tenants guide, 2026). Check local housing department guidance as well.
This guide does not cover how much advance notice a rent increase requires; that statute could not be opened on the verification date, so the rent increase notice page is guidance only and does not generate a California notice.
Local ordinances
Some cities or counties require more information in a notice than state law does, some require a warning letter before certain notices, and those with their own eviction control laws may impose extra rules (source: CA Courts: Types of eviction notices). The DRE guide says local just cause or rent stabilization ordinances may supersede the state rules (source: DRE Guide: Moving out). Before relying on any period or template, find out whether your city has a rent board or housing department.
Where to get help
The courts’ resources page lists four places (source: CA Courts: Legal and housing resources): court self-help centers, which offer free legal information in person, by phone or online through a locator (source: CA Courts: Find your self-help center); LawHelpCA, a lookup for legal aid offices by county; the State Bar’s directory of certified lawyer referral services; and county law libraries. The courts also offer mediation in eviction cases.
What this guide does not cover
Subsidized housing beyond the 90-day and CARES Act notices, mobile home parks, commercial leases, repairs, lockouts, retaliation and city ordinances are outside this page. It does not calculate deadlines. The courts pages show no last-updated date and the DRE guide is its 2026 edition, so the law may have changed since our check. LetterForgeUSA provides document drafting tools and general information, not legal advice. Rules depend on your location and circumstances.
Sources
Official pages read for this guide. "Checked on" is the date an editor opened the page and confirmed the cited content; it is an editorial check, not attorney review, and pages change.
- Checked on 2026-10-16
Editorial check, not attorney review
- Checked on 2026-10-16
Guide to security deposits in California (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Types of eviction notices (landlord self-help) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Types of notices (for tenants) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
What to do when you get an eviction Notice (tenant) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
What you can do after you get a notice (tenant options) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Eviction process for tenants (case overview) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Fill out an Answer (respond to an eviction case) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Eviction process for landlords (case overview) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Legal and housing resources (eviction) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Find your court self-help center (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Demand letter for security deposit (guided interview) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Housing (Self-Help Guide landing page) (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Eviction: index of all pages (opens in a new tab)
Editorial check, not attorney review
- Checked on 2026-10-16
Editorial check, not attorney review
- Checked on 2026-10-16
Moving Out (chapter of the DRE tenant and landlord guide) (opens in a new tab)
Editorial check, not attorney review