California Landlord-Tenant Law Changes for 2026: What Small Landlords Need to Know

Four new California laws reach ordinary small landlords in 2026: a working stove and refrigerator (AB 628), electronic deposit refunds (AB 414), an internet-subscription opt-out (AB 1414), and a Social Security hardship defense in nonpayment evictions (AB 246). The photo rule, deposit cap and AB 1482 rent cap still apply too. This list covers rules affecting small landlords and is not exhaustive. Checked October 2026.

New in 2026

AB 628: stove and refrigerator (Civil Code §1941.1(a)(10)–(11), effective January 1, 2026)

• What changed: A unit is untenantable if it lacks a working stove and refrigerator, for any lease entered into, amended or extended on or after January 1, 2026. A recalled appliance does not count; repair or replace it within 30 days of notice (§1941.1(c)(1)).
• Who it affects: Landlords of units without appliances. Excluded: supportive housing, single-room occupancy, residential hotel units and shared-kitchen facilities (§1941.1(b)).
• What to do: Supply working appliances at your next new lease, renewal or amendment. A tenant may bring their own refrigerator (not a stove) only with the statutory acknowledgment in the lease, a right to end it on 30 days' written notice, no tenancy condition, and no maintenance duty for you (§1941.1(a)(11)(B)).

AB 414: electronic deposit refunds (Civil Code §1950.5(h)(1), effective January 1, 2026)

• What changed: If you received the deposit or rent electronically, return the deposit electronically, to an account the tenant designates in writing, unless you both agree in writing to another method. With several adult tenants, the default is one check payable to all of them, unless everyone signs an agreement.
• Who it affects: Anyone who takes rent or deposits by transfer or app.
• What to do: Give written notice of the right to electronic return a reasonable time after either side gives notice to end the tenancy, or before the lease ends. The 21-day deadline did not change. Details: our AB 414 article.

AB 1414: internet subscriptions (Civil Code §1942.8, effective January 1, 2026)

• What changed: For month-to-month or other periodic tenancies, let the tenant opt out of paying for any third-party internet service provider subscription. If you don't, the tenant may deduct the cost from rent.
• Who it affects: Landlords who bundle internet service with the tenancy.
• What to do: Check your leases for internet charges and honor opt-outs.

AB 246: Social Security hardship defense (Stats. 2025, ch. 337; in effect in 2026)

• What changed: In a nonpayment eviction case, a tenant may raise “Social Security hardship,” meaning lost income from an interruption in Social Security payments caused by federal action or inaction. The tenant must show the court evidence and repay all overdue rent once benefits resume.
• Who it affects: Landlords filing for nonpayment against a tenant on Social Security.
• What to do: Keep a clean rent ledger, and talk to an attorney before filing if benefits were disrupted.

Still in force, and often missed

Photo rule: AB 2801 (Stats. 2024, ch. 280; Civil Code §1950.5(g))

Take photos at the start of any tenancy beginning on or after July 1, 2025 (§1950.5(g)(1)). Since April 1, 2025, also photograph the unit after you regain possession and before any repair or cleaning you will deduct for, and again when that work is done (§1950.5(g)(2)). Send the photos with the itemized statement (§1950.5(h)(2)(D)). Bad-faith withholding can mean statutory damages of up to twice the deposit plus actual damages (§1950.5(m)). See our photo documentation article.

Deposit cap: AB 12 (Stats. 2023, ch. 733; Civil Code §1950.5(c), operative July 1, 2024)

One month's rent. Two months is allowed if you are a natural person or an LLC whose members are all natural persons, and you own no more than two residential rental properties with no more than four units combined. A service member tenant is capped at one month (§1950.5(c)(5)(B)). See how much deposit you can charge.

Rent cap: AB 1482 (Civil Code §1947.12(a))

For covered units, an increase over any 12 months may not exceed 5% plus the change in the regional cost of living, or 10%, whichever is lower. The Attorney General's chart (oag.ca.gov/rentcaps, viewed October 2026) lists these caps for increases taking effect August 1, 2026 through July 31, 2027: Los Angeles and Orange counties 8.7%; Riverside and San Bernardino 8.1%; San Diego 8.2%; Alameda, Contra Costa, Marin, San Francisco and San Mateo 8.8%; all other counties 8.6%. The chart is informational and local rent control can be stricter. The state's 2026 list of new laws changes neither the formula nor the just-cause rules; the latest amendment we found is SB 567, effective April 1, 2024. See the exemption test and notice periods.

Rent reporting: AB 2747 (Stats. 2024, offers required from April 1, 2025)

Landlords must generally offer tenants optional positive rent reporting to a credit agency. A building with 15 or fewer units is exempt unless the landlord owns more than one residential building and is a REIT, a corporation, or an LLC with a corporate member, so a natural-person owner of one to four units is exempt.

Late fees: no new cap

Some websites claim California capped late fees at 4% for 2026. The state's 2026 guide lists no such law and still says a predetermined late fee must not exceed a reasonable estimate of your costs from the late payment.

Sources: chaptered text on leginfo.legislature.ca.gov (AB 628, AB 414, AB 2801, AB 12); the Department of Real Estate's California Tenants guide, 2026 edition (AB 1414, AB 246, AB 2747, late fees); the Attorney General's rent cap page and Tenant Protection Act guidance (AB 1482, SB 567).

Related guides

• California Security Deposit Law 2026: How Much Can a Landlord Charge?
• Is My Rental Exempt From California Rent Control (AB 1482)?
• California Landlord Photo Documentation Requirement for Security Deposits

This article is informational, not legal advice. For your specific situation, especially anything disputed, talk to a California landlord-tenant attorney.