Several New Tenant Protections Went into Effect for Renters in California this Month

Several new tenant protection policies took effect for renter households in California this month. Originally signed into law by California Governor Gavin Newsom in September 2024, the protections are part of a bipartisan housing package featuring more than 30 pieces of legislation addressing housing and homelessness, including several key tenant protection policies that strengthen renters’ rights by implementing changes to the state’s security deposit laws; allowing for positive credit reporting for tenants who make rental payments on time; clarifying the allowable rental fees that can be charged to tenants; adding changes to the state’s tenant screening practices; strengthening the summons process for tenants who receive an eviction notice; and adding stronger safeguards for tenants who are survivors of domestic violence. Codified into law by “Assembly Bill 2801,” “Assembly Bill 2747,” “Senate Bill 611,” “Assembly Bill 2493,” “Assembly Bill 2347,” and “Senate Bill 1051,” respectively, these tenant protection policies took effect for renters on January 1. 

Assembly Bill 2801: Updates to the State’s Security Deposit Laws 

Sponsored by Assemblymember Laura Friedman (D) in the state’s general assembly, “Assembly Bill 2801” is an amendment to Section 1950.5 of California’s civil code. It clarifies the circumstances in which landlords can use security deposits. Under Section 1950.5, security deposit use is restricted to repairs and cleanings that are necessary to return the property to its original state. Assembly Bill 2801 adds restrictions on the use of these funds on materials, workers, and supplies needed for such repairs. The bill also specifies that deposits cannot be used for carpet cleaning and other professional maintenance services unless it can be demonstrated that the work is reasonably necessary. 

Upon the conclusion or termination of tenancy, landlords must alert tenants of their right to receive an initial inspection and the tenant’s right to be at this inspection. After the inspection, the landlord may provide the tenant with a list of repairs and cleanings that could be paid using the tenant’s security deposit. An important stipulation to this process is that the landlord may use security money for incidents occurring between the end of the initial inspection and the tenancy’s official end date. Assembly Bill 2801 amends current law so that security can only be used between the end of the initial inspection and when the tenant leaves the unit, as opposed to the tenancy’s official end date. This means that any damage that happens during the period when the tenant is no longer present is not their responsibility. Another question raised by the bill is whether a landlord can charge a tenant for a repair or cleaning left off the itemized list because the tenant’s possessions blocked the landlord during the initial inspection. This bill states that if the tenant’s belongings are cleared away during the inspection, the landlord cannot charge the tenant for something they did not include on the initial list.  

Under current law, landlords must send a statement to tenants no later than 21 days after the resident has left the property concerning the amount and reason for security deductions, as well as any leftover amount of security payable to the former tenant. This statement must be supplemented with receipts proving that the security was used for repair purposes. Starting July 1, 2025, landlords must photograph the unit before, or at the beginning, of the tenancy. Starting April 1, 2025, the landlord must also photograph the unit within a short time after the tenant has returned to the property but before any repairs or cleanings subject to security deposit deduction or claim initiation have taken place, as well as after these restorations are finished. Both the statement and these photographs, as well as a written explanation behind the cost of the work that has been done, must be provided to the former tenant. If the landlord fails to comply with these procedures, they cannot initiate a claim against the tenant or use their security.  

Assembly Bill 2747: Positive Credit Reporting for Tenants 

Sponsored by Assemblymember Matt Haney (D) in the state’s general assembly, “Assembly Bill 2747” adds Section 1954.07 to the California Civil Code. This law extends the offer for positive rental payment reporting to tenants of any real residential property. This is important because it allows tenants to build their credit. Under the Consumer Reporting Agencies Act, landlords of assisted living developments must offer leasing tenants the opportunity to have their rent payments sent to a consumer reporting agency. If tenants choose to report their rent, they will be charged a $10 fee.  

Under Assembly Bill 2747, tenants of any residential property will receive the offer to report from their landlord. For tenants starting their lease on or after April 1, 2025, positive rental payment reporting will be done at the beginning of the tenancy and at least once a year afterward. For residents whose lease goes past January 2025, this offer will be extended no later than April 2025, and at least once a year afterward. In addition, this bill mandates landlords to charge tenants less than $10 or the actual cost of reporting that the landlord incurs.  

Senate Bill 611: Allowable Rental Fees 

Sponsored by Senator Caroline Menjivar (D) in the state’s senate, “Senate Bill 611” limits the fees that landlords can impose on tenants and adds security deposit regulations. Senate Bill 611 amends Sections 1946, 1946.1, 1947.3, and 1950.5 of the Civil Code, as well as Section 1161 of the Code of Civil Procedure. Under current law, landlords are not allowed to request more than one month’s rent for security. This bill requires landlords who request higher than this standard amount to provide tenants with a written explanation on why this amount is being imposed. Furthermore, the excess amount of security must be returned no later than six months after the tenant has begun their tenancy if their rent is not overdue at that time. In addition, Senate Bill 611 prohibits landlords from imposing fees when tenants deliver legal notices to them and when tenants pay their security deposits by check.  

Assembly Bill 2493: Provisions to Existing Tenant Screening Practices 

Sponsored by lawmakers Assemblymember Gail Pellerin (D) in the state’s general assembly and Senator John Laird (D) in the state’s senate, “Assembly Bill 2493” clarifies the situations in which a tenant screening fee – or cost associated with running a check on a tenant’s prior rental and credit history – can be charged to a prospective tenant. Under existing California law, which is codified in Section 1950 of the California Civil Code, landlords or their authorized agents are allowed to charge a prospective tenant an application screening fee to obtain information about a tenant, with the cost of charging an application screening fee not to be in excess of the landlord’s actual out-of-pocket costs of acquiring information on a tenant. Such a fee cannot exceed $30 per applicant, with provisions allowing a higher fee to be charged based on an increase in the state’s Consumer Price Index (CPI).  

Under Assembly Bill 2493, which was passed by the senate in August 2024, the law clarifies that a landlord or their authorized agent can only charge an application screening fee if the tenant follows specific procedures for charging an application screening fee, as specified by the law. Specifically, the law states that a landlord or authorized agent is prohibited from charging a rental application screening fee if there is no intention made by landlord to rent out their unit. Additionally, landlords must also accept and review applications in which they were received. Another component of the law as stipulated by Assembly Bill 2493, is that the landlord must provide a tenant with a copy of their screening report within seven days of the landlord receiving the report, amending existing state law, which stipulated that a landlord was required to provide a copy of the screening report only if the tenant requested that it be provided to them.  

Assembly Bill 2347: Strengthening the Summons Process for Tenants in Unlawful Detainer Cases 

Sponsored by Assemblymember Ash Kalra (D), “Assembly Bill 2347” amends Sections 1167 and 1170 of the California Civil Code to allow tenants additional time to respond to an eviction filing. Specifically, the new law doubles the amount of time allowed by prior state law, which only allowed tenants five days to respond to an eviction filing. Moreover, the new law also stipulates that an eviction hearing cannot be held without a minimum of five days having passed after a tenant files a “demurrer,” or motion to strike the eviction filing down. With the passage of California’s new law, the extension of time granted to tenants will allow them to seek out legal support, gather all necessary paperwork, and prepare a defense for court.  

Senate Bill 1051: Protections for Domestic Violence Survivors  

Sponsored by Senator Susan Eggman (D), “Senate Bill 1051” establishes stronger protections for survivors of domestic violence in rental housing. Specifically, Senate Bill 1051 requires landlords or property owners to change a tenant’s locks no more than 24 hours after receiving a written request from a tenant to do so due to a domestic violence concern. Under the new law, a tenant must provide documentation to the landlord verifying that the tenant – or member of the tenant’s household – is a survivor of domestic violence, sexual assault, or stalking. Acceptable documentation includes: (1) a copy of the restraining order, emergency protective order, or protective order from the courts; (2) a copy of the written report by a peace officer; (3) documentation from a verifiable third party stating that a tenant – or member of their household – should be protected and has suffered domestic violence; or (4) any other relevant documentation that verifies that abuse or violence has occurred against a tenant or member of their household.  

Under the law, a landlord must cover the expenses for a change of locks. If a tenant changes their own locks, a landlord is required to reimburse the tenant for such expense. 

In addition to these new tenant protection laws that went into effect for California renters in 2025, the state has several additional protections that strengthen renters’ rights in the state. Detailed in NLIHC’s State and Local Tenant Protections Database, the State of California and its localities have implemented more than 100 tenant protection policies for tenants, including rent stabilization protections, right to counsel protections, “just cause” protections, and anti-discrimination protections, to name a few. More information on the tenant protection policies in effect for California renters can be found at: https://nlihc.org/tenant-protections 

In April 2024, the National Low Income Housing Coalition launched its State and Local Innovation (SLI) project to support state and local partners in advancing, implementing, and enforcing state and local tenant protections. The initiative also supports creating and sustaining emergency rental assistance programs, preventing the criminalization of homelessness, and providing support around state-level housing trust funds. It is through this campaign that the SLI project will support the advancement of housing innovations that seek to keep eviction rates down and prevent homelessness, while also empowering a movement to strengthen tenants’ rights, prevent evictions, and promote housing stability for renter households with the lowest incomes. For more information on the SLI project, please visit: https://nlihc.org/state-and-local-innovation