Short answer: Illegal lease clauses in California are void under Civil Code § 1953 and other sections. A lease can't waive your deposit rights, your right to 24-hour entry notice, repairs that make the home livable, a court hearing, or protection from retaliation. Deposits are capped at one month's rent for most landlords, can't be called "nonrefundable," and must be returned within 21 days.
California does not let landlords write away the rights the Legislature gave tenants. Many sections of the Civil Code end with the same idea: any waiver of this section is "void as contrary to public policy." Void means the clause has no legal effect, as if it were never written. The rest of the lease usually stays in force.
This guide covers California law only. For the national picture and examples from other states, see our guide to illegal lease clauses. For clauses that are legal but costly, like automatic renewal, see lease agreement red flags.
See which of its clauses may clash with the Civil Code, quoted from your own lease.
Illegal lease clauses in California: quick table
| Lease clause | Civil Code section | What the law says |
|---|---|---|
| "Tenant waives deposit rights" or "deposit forfeited" | § 1953(a)(1), § 1950.5 | Waiving deposit rights is void |
| "Deposit is nonrefundable" | § 1950.5(n) | A lease may not call any security "nonrefundable" |
| Deposit of more than one month's rent | § 1950.5(c) | Capped at one month's rent since July 1, 2024 (two months for qualifying small landlords) |
| "Landlord may enter at any time" | § 1954, § 1953(a)(1) | Written notice required except in emergencies; 24 hours presumed reasonable |
| "Tenant accepts unit as is, waives repairs" | § 1942.1 | Waiving repair rights for unlivable conditions is void |
| "Landlord not liable for injury, however caused" | § 1953(a)(5) | Can't waive the landlord's legal duty of care |
| "Tenant waives notice and hearing" | § 1953(a)(3) | Waiving a notice or hearing required by law is void |
| Jury waiver or other limits on how you can sue | § 1953(a)(4) | Waiving procedural rights in litigation is void |
| "Landlord may change locks or shut off utilities" | § 789.3 | Illegal; up to $100 a day in damages, at least $250 |
| Rent increase or eviction after a complaint | § 1942.5 | Retaliation banned; waiver void |
| High flat late fee | § 1671(d) | Void unless actual damage is impracticable to fix and the amount is a reasonable estimate |
| "Rent payable only in cash" or "only online" | § 1947.3 | Must allow one method that is neither cash nor electronic transfer |
| Fee for paying by check or for serving a notice | § 1947.3(b), § 1946(b) | Banned since January 1, 2025 |
| "Tenant waives just-cause or rent-cap protection" | § 1946.2(j), § 1947.12(l) | Void as contrary to public policy |
| "Tenant must supply own refrigerator" as a condition | § 1941.1(a)(11) | Not allowed for leases entered, amended or extended on or after January 1, 2026 |
Civil Code § 1953: the waivers California voids
Section 1953 is the core rule. It says any lease clause in which the tenant agrees to modify or waive these rights is void:
- Rights or remedies under § 1950.5 (security deposits) or § 1954 (landlord entry).
- The right to bring a legal claim against the landlord that may arise in the future.
- The right to any notice or hearing required by law.
- Procedural rights in a lawsuit about your rights and duties as a tenant.
- The right to have the landlord use the care the law requires to prevent injury or property damage.
Section 1953(b) adds a second layer. Any other waiver of a statutory right is also void unless the lease was shown to you before you moved in.
Security deposit rules under Civil Code § 1950.5
Here is what § 1950.5 says today, including the 2023 to 2025 amendments.
How much can a California landlord charge?
Under AB 12 (2023), a landlord may not demand or receive security of more than one month's rent, on top of the first month's rent. This applies to security collected on or after July 1, 2024. "Security" is defined broadly: any payment, fee, deposit or charge collected at the start of a tenancy for any purpose, other than an application screening fee. That broad wording means a "pet deposit," "cleaning deposit" or "move-in fee" counts toward the cap.
There is one exception. A landlord may charge up to two months' rent if both of these are true:
- the landlord is a natural person, or an LLC whose members are all natural persons (family trusts count); and
- the landlord owns no more than two residential rental properties with no more than four units offered for rent in total.
The small-landlord exception does not apply if the tenant is a service member.
What deductions are allowed?
Only amounts reasonably needed for unpaid rent, damage beyond ordinary wear and tear, cleaning to bring the unit back to its move-in condition, and certain items the lease covers. The landlord can't charge for conditions that existed before you moved in, for ordinary wear and tear, or for professional carpet cleaning unless it is actually needed.
Deadline, receipts and photos
- 21 days: the landlord must return the deposit, with an itemized statement, within 21 calendar days after you move out.
- Receipts: if repair and cleaning deductions total more than $125, the landlord must include copies of bills, invoices or receipts, or a description of the work, time spent and hourly rate if the landlord did it.
- Photos: since April 1, 2025, landlords must photograph the unit after you move out (before repairs) and again after repairs. For tenancies starting on or after July 1, 2025, they must also photograph the unit at move-in. Photos must be sent with the statement if deductions are made for repairs or cleaning.
- Electronic return: as amended effective January 1, 2026 (AB 414), if you paid the deposit or rent electronically, the landlord generally must return the deposit electronically unless you agree in writing to another method.
- Pre-move-out inspection: you can ask for an inspection up to two weeks before you leave, so you can fix problems and avoid deductions.
A landlord who keeps a deposit in bad faith can owe statutory damages of up to twice the deposit, plus actual damages. Deposit cases can go to small claims court.
Pet deposits and assistance animals
A pet deposit is still "security," so it counts toward the one-month cap. Assistance animals are different. Under California's fair housing regulations (Cal. Code Regs. tit. 2, § 12185(d)), a tenant with an assistance animal, including an emotional support animal, can't be charged a pet fee, extra rent, an additional deposit or liability insurance for the animal. The tenant can still be charged for actual damage the animal causes beyond ordinary wear and tear.
Check its deposit, fee and waiver wording against these rules before you sign.
Entry, repairs, retaliation and lockouts
Landlord entry (§ 1954)
A landlord may enter only for listed reasons: an emergency, necessary or agreed repairs, showing the unit, a pre-move-out inspection, after you abandon the unit, or under a court order. Except in emergencies, the landlord must give reasonable written notice stating the date, approximate time and purpose. Twenty-four hours is presumed reasonable, or six days if the notice is mailed. Entry must be during normal business hours unless you agree at the time. The landlord may not use the right of entry to harass you. A significant and intentional violation of § 1954 meant to push you out can bring a civil penalty of up to $2,000 per violation under § 1940.2.
Habitability and repair-and-deduct (§§ 1941, 1941.1, 1942)
California landlords must keep rentals fit to live in. Section 1941.1 lists what that means: weatherproofing, working plumbing, gas, heat, hot and cold water, electrical lighting, clean grounds, garbage bins and safe floors and stairs. Under AB 628, for leases entered into, amended or extended on or after January 1, 2026, the list also includes a working stove and refrigerator (with exceptions for some housing types). A tenant may choose to bring their own refrigerator through a specific lease checkbox, but the landlord can't make that a condition of renting.
If the landlord doesn't fix a serious problem within a reasonable time after notice, § 1942 lets you pay for the repair yourself and deduct it from rent, up to one month's rent, no more than twice in 12 months. Acting after 30 days is presumed reasonable. Under § 1942.1, a clause waiving these rights is void, though you can agree to do certain repairs in exchange for the rent.
Retaliation (§ 1942.5)
If you are current on rent, a landlord can't evict you, raise your rent or cut services in retaliation within 180 days after you complain about conditions, request repairs, report to a housing agency or win a case about habitability. Reporting or threatening to report you to immigration authorities is also retaliation. A landlord who retaliates can owe actual damages plus $100 to $2,000 in punitive damages per act if there was fraud, oppression or malice. Any waiver of these rights is void.
Lockouts and utility shutoffs (§ 789.3)
A landlord may not shut off utilities, change locks, remove doors or windows, or remove your belongings to force you out. The tenant can recover actual damages plus up to $100 for each day of violation, with a minimum of $250 per cause of action, and attorney's fees.
Late fees, payment methods and junk fees
Late fees (§ 1671)
California has no single dollar cap on rent late fees. Instead, Civil Code § 1671(d) says that in a residential lease, a clause setting damages in advance (called liquidated damages) is void unless actual damages would be impracticable or extremely difficult to fix and the amount is a reasonable estimate of them. In Orozco v. Casimiro (2004), the Appellate Division of the Los Angeles Superior Court held that a $50 late fee was a liquidated damages clause and was unenforceable because the landlord had not shown it met that test.
How you pay rent (§ 1947.3)
Landlords must let you pay rent and the deposit by at least one method that is neither cash nor electronic funds transfer, such as a check or money order. They can require cash only for up to three months after a bounced check or stop-payment, with written notice. Since January 1, 2025 (SB 611), a landlord can't charge a fee for paying by check. A waiver of § 1947.3 is void.
SB 611 also bars fees for serving, posting or delivering a termination notice under §§ 1946 and 1946.1, so a "$75 notice fee" clause conflicts with the law.
Rent caps and just cause: the Tenant Protection Act (AB 1482)
The Tenant Protection Act, first passed as AB 1482, is now in Civil Code §§ 1946.2 and 1947.12. Both sections are scheduled to expire on January 1, 2030, and both say any waiver of their rights is void.
- Rent cap (§ 1947.12): over any 12 months, rent can rise by no more than 5% plus the percentage change in the regional cost of living (CPI), or 10%, whichever is lower, with at most two increases in that period. A new tenancy can start at any rent.
- Just cause (§ 1946.2): after a tenant has lived in the unit lawfully for 12 months, the landlord needs a "just cause" stated in the notice to end the tenancy. For no-fault reasons, such as the owner moving in, the tenant gets relocation help equal to one month's rent, paid as cash or a waived final month.
Main exemptions include housing with a certificate of occupancy issued in the last 15 years, deed-restricted affordable housing, dorms, and a single-family home or condo whose owner is not a corporation, a REIT or an LLC with a corporate member, but only if the lease gives the exact written exemption notice. An owner-occupied duplex is also exempt.
Local ordinances can add more
Section 1947.12 does not apply where a local rent-control law sets a lower limit. Cities such as Los Angeles and Oakland run their own rent and eviction programs, and other California cities have similar rules. Check your city before relying on state limits alone. Our renters' rights by state page covers the statewide basics.
A sample California clause, phrase by phrase
"Tenant shall pay a security deposit equal to two months' rent, of which $500 is a nonrefundable cleaning fee. Landlord may enter the premises at any reasonable time without notice. A late fee of $15 per day applies until rent is paid in full. Rent must be paid through Landlord's online portal; a $10 processing fee applies to paper checks. Tenant waives any claim arising from the condition of the premises."
| Phrase | Problem | Section |
|---|---|---|
| "security deposit equal to two months' rent" | Over the one-month cap unless the landlord qualifies as a small landlord (and you are not a service member) | § 1950.5(c) |
| "$500 is a nonrefundable cleaning fee" | Security can't be labeled nonrefundable; it also counts toward the cap | § 1950.5(b), (n) |
| "enter … at any reasonable time without notice" | Written notice required except emergencies; waiver void | § 1954, § 1953(a)(1) |
| "$15 per day … until rent is paid in full" | An open-ended daily fee is hard to defend as a reasonable estimate of actual damages | § 1671(d) |
| "must be paid through Landlord's online portal" | Must allow a method that is neither cash nor electronic transfer | § 1947.3(a) |
| "$10 processing fee applies to paper checks" | No fee for paying by check | § 1947.3(b) |
| "waives any claim arising from the condition of the premises" | Can't waive future claims or habitability rights | § 1953(a)(2), § 1942.1 |
What to say to a California landlord
Before you sign, ask in writing to fix the clause:
"Before I sign, could we change section 4? California Civil Code § 1950.5 caps the deposit at one month's rent for most landlords and doesn't allow any part to be nonrefundable. If you qualify for the small-landlord exception, could you confirm that in writing?"
After move-out, if the deposit is late or the deductions look wrong:
"I moved out on [date]. Under Civil Code § 1950.5, the itemized statement and any refund were due within 21 days, with receipts and photos for repair or cleaning deductions. Please send them by [date]. Otherwise I plan to file in small claims court, where bad-faith retention can lead to damages of up to twice the deposit."
Keep copies of everything and take your own dated photos at move-in and move-out. ContractScanner can flag deposit, entry and waiver clauses like these before you sign. It doesn't replace a tenant lawyer or legal aid.
Frequently asked questions
What is the maximum security deposit in California in 2026?
For most landlords, one month's rent on top of the first month's rent, under Civil Code § 1950.5 as changed by AB 12 from July 1, 2024. A landlord who is a natural person (or an LLC of natural persons) owning no more than two rental properties with four or fewer units in total may charge up to two months' rent, but not to a service member.
Can a California lease say the deposit is nonrefundable?
No. Civil Code § 1950.5(n) says a lease may not describe any security as nonrefundable. Because "security" includes cleaning fees, pet deposits and other move-in charges, labeling part of it a nonrefundable fee does not let the landlord skip the deposit rules. Unused amounts must be returned within 21 days of move-out.
How much notice must a California landlord give before entering?
Reasonable written notice, with 24 hours presumed reasonable (six days if mailed), stating the date, approximate time and purpose. Entry must be during normal business hours unless you agree at the time. No notice is needed in an emergency, if you agree at the time of entry, or after you abandon the unit. A lease can't waive these rights.
Are late fees legal in California?
They can be, but Civil Code § 1671(d) makes a residential late fee void unless actual damages would be impracticable or extremely difficult to fix and the fee is a reasonable estimate of them. In Orozco v. Casimiro (2004), a $50 late fee was struck down because the landlord had not made that showing. Daily fees with no cap are the most likely to fail.
Does the 10% rent cap apply to every California rental?
No. Civil Code § 1947.12 limits increases to 5% plus regional CPI, or 10%, whichever is lower, but exempts housing built in the last 15 years, many single-family homes and condos owned by individuals (if the lease includes the required notice), owner-occupied duplexes and some affordable housing. Stricter local rent control may also apply.
Sources
- California Civil Code § 1953 (void lease waivers)
- California Civil Code § 1950.5 (security deposits)
- AB 12 (2023), Tenancy: security deposits
- California Civil Code § 1954 (landlord entry) and § 1940.2 (harassment)
- California Civil Code § 1941.1, § 1942 and § 1942.1 (habitability and repairs)
- California Civil Code § 1942.5 (retaliation)
- California Civil Code § 789.3 (utility shutoffs and lockouts)
- California Civil Code § 1671 (liquidated damages)
- Orozco v. Casimiro (2004), Appellate Division, Los Angeles Superior Court (opinion text)
- California Civil Code § 1947.3 (rent payment methods) and SB 611 (2024)
- California Civil Code § 1946.2 (just cause) and § 1947.12 (rent cap)
- Cal. Code Regs. tit. 2, § 12185 (assistance animals)
This guide is general information, not legal advice. For help with a California lease dispute, contact a local legal aid office, a tenant rights organization or your city's rent program.