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Planning for 2026: Know Your Tenant Rights in California Going into the New Year

Tenant Rights
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What’s Changing in 2026 & How It Affects California Tenants

As tenants head into 2026, several important changes at the state level will impact their rights and housing stability. Staying informed can help them avoid surprises and assert their protections when renting in California.

Beginning January 1, 2026, landlords must include all mandatory fees in advertised rent. Any optional services or add‑on charges must be clearly disclosed up front—no last‑minute “junk fees” are allowed. Also expected in 2026, new rules may prohibit landlords from charging fees beyond those agreed at lease start and utility billing systems that unfairly shift costs.

On the security deposit front, AB 2801, effective April 1, 2025, already requires landlords to photograph units at move‑in, at move‑out (before any cleaning or repairs), and again after those services are completed. The landlord must share those images with tenants, and failure to comply can void the right to deduct from the deposit.

The AB 1482 Tenant Protection Act covers most multi‑unit rental properties built over fifteen years ago and continues through July 2026. From August 1, 2025, to July 31, 2026, rent increases are capped at 5% plus local CPI, or 10%, whichever is lower. In many counties, such as Alameda, a total cap is around 6.3%. The law also requires “just cause” for evictions after 12 months of tenancy, offering additional protection around termination notices.

Finally, tenant advocates are pursuing new legislation to limit eviction for nonpayment when rental assistance is pending. While not yet law, such reform reflects the growing expectation that landlords accept payment plans or government assistance without initiating eviction first.

How Tenants Can Prepare: Key Steps for 2026

To protect your tenancy and finances as these changes roll in, consider taking proactive steps now:

  1. Review your lease terms carefully: In leases signed after January 1, 2026, watch for prohibited fees—landlords must disclose upfront what you’re paying, and may not add fees mid‑term.
  2. Demand photographs with your security deposit return. If a landlord does not take move‑out or post‑repair photos, they may lose the legal right to deduct your deposit.
  3. Track rent increases and eviction notices: AB 1482 caps the maximum increase and prohibits “no‑fault” evictions without justification. If your landlord gives notice without cause after your 12‑month occupancy, ask what legal basis they have.
  4. Understand rent reporting opt‑in: New law (AB 2747) allows landlords to offer reporting of positive rent payments to credit agencies. You may opt in or out, and landlords may only charge up to $10/month if the tenant requests it.
  5. Document everything in writing: Forwarding address, rent notices, inspection requests, repairs, and complaints should all be in writing. Detailed documentation strengthens your rights.
  6. Know who to contact if issues arise: If fees, deposit deductions, or rent increases seem unlawful—or if you face eviction without cause—you may have legal recourse.

Why Riley Ersoff LLP Is Here to Help

Navigating the overlapping layers of California tenant protections—state statutes, local ordinances, upcoming changes—can feel overwhelming. Riley Ersoff has extensive experience defending tenant rights, whether involving habitability issues, unlawful deposits, rent cap violations, or improper eviction notices.

Our team can help you:

  • Confirm which rent‑increase rules apply to your unit.
  • Review lease fee provisions and challenge undisclosed charges.
  • Demand proper deposit return with supporting photo documentation.
  • Lodge disputes or file claims if the eviction appears retaliatory or unjustified

As 2026 begins, let Riley Ersoff guide you through the new legal terrain—ensuring your tenancy meets your rights, not uncertainty.

Los Angeles Tenant Rights Lawyer

If your landlord has raised rent without proper notice under AB 1482, withheld deposit without photographic evidence, or is proposing surprise fees in a new lease, Riley Ersoff can help. Contact us today for a consultation and protect your rights going into the new year.

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