Student Housing Rights in California: A Guide for College Renters

Finding a place to live as a college student in California can be challenging, but knowing your housing rights makes the process less stressful. If you're renting off-campus or residing in student-focused rentals, California law provides you with important protections regarding rent, repairs, evictions, and deposits.

Understanding Student Housing Rights for College Renters

Though many student renters live in university-owned dorms, most California rental laws apply to students living in off-campus apartments or houses. If you are an enrolled student signing a lease in your own name, your rights and responsibilities are similar to those of any other tenant under state law.

Key Rights for California Student Renters

  • Right to a Habitable Home: Landlords must keep rentals safe and livable. This includes functioning plumbing, heating, and no rodent infestations. You can refer to California Civil Code Section 1941.1 for details: minimum requirements for habitability.
  • Protection from Discrimination: Landlords cannot refuse to rent based on your status as a student or on protected characteristics like race, religion, or gender under the California Fair Employment and Housing Act.
  • Limits on Security Deposits: In California, security deposits for unfurnished units cannot exceed two months’ rent. Landlords must return deposits within 21 days after move-out, minus justifiable deductions (security deposit laws).
  • Advance Notice of Rent Increases: Landlords generally must provide at least 30 days’ written notice for rent increases under 10%, or 90 days for larger increases. Learn more at the California Courts: Rent Increases page.
  • Right to Due Process During Eviction: You cannot be forced out without a legal process (an "unlawful detainer" case). You have the right to written notice and to appear in court.
  • Maintenance and Repairs: If needed repairs aren't made in a timely way, you may have legal remedies, such as "repair and deduct."

Special Student Housing Considerations

Some student housing is managed by or affiliated with your college or university. In these cases, check your institution’s policies in addition to state law, as there may be additional rules regarding eviction or lease termination tied to your student status.

Ad

Common Issues for Student Renters and How To Respond

Here’s a summary of frequent concerns and the official California forms or steps you may use:

  • Disputes over Security Deposits: Use the Request for Return of Security Deposit form. If the landlord does not respond, students may file a small claims action (California Courts: Small Claims Court).
  • Eviction (Unlawful Detainer) Notices: If you are served with an eviction notice (often called a "Notice to Quit"), you may need to use the Answer—Unlawful Detainer (Form UD-105). This allows you to respond to the court within 5 days after receiving the Summons and Complaint.
    Example: If your landlord seeks to evict you for non-payment, you can use this form to explain your situation and present your defenses in court.
  • Complaints About Unsafe Conditions: First, notify your landlord in writing so they have a chance to fix the problem. If not resolved, file a complaint with your city or county building inspector. Contact information can be found at your local government's housing department (see the California Department of Housing and Community Development for guidance).
  • Fair Housing Discrimination: Students believing they experienced illegal discrimination can file a complaint with the California Civil Rights Department.

The Official Residential Tenancy Tribunal in California

California does not have a single statewide board or tribunal for landlord-tenant matters. Disputes are handled through local courts, primarily the California Superior Court system: Unlawful Detainer (Eviction) Division.

The main legislation governing renters in California is the California Civil Code: Landlord-Tenant Law, Sections 1940-1954.05.1

Action Steps for Common Situations

If you face eviction, repair issues, or discrimination as a college renter, gather documentation, communicate promptly in writing, and use the relevant forms or complaint processes above. Most student rental problems can be resolved by following official procedures.

  1. What should I do if my landlord won't return my security deposit?
    Write a formal request for its return, citing the 21-day legal limit. If the issue remains unresolved, consider filing in small claims court using the steps found on the California Courts Self-Help: Small Claims site.
  2. Can my landlord evict me without cause or notice during a school term?
    No. Your landlord must follow all legal eviction steps, providing written notice (typically 3- to 30-days), and obtain a court order before any eviction under California Civil Code Section 1946.2.
  3. Are student renters protected from large rent increases?
    Yes, most units are covered by rent control rules set by the California Tenant Protection Act. Landlords must give at least 30 days’ written notice for small increases and 90 days for larger ones.
  4. What can I do if my off-campus housing isn't safe or repairs aren’t made?
    Send the landlord written notice about the problem, keep records, and if needed, file a complaint with your local code enforcement. Use the “repair and deduct” option only after following correct procedure as detailed by the California Department of Consumer Affairs.
  5. Am I responsible for my roommate’s unpaid rent?
    If you co-signed the lease, you may be jointly responsible for rent. Always read your rental agreement and clarify responsibilities before signing.

Conclusion: What Every California College Student Renter Should Know

  • You have the right to a safe, habitable, and non-discriminatory rental in California.
  • There are clear rules for deposits, repairs, and eviction that protect college renters.
  • Use official forms and seek support from your university or state agencies if problems arise.

Staying informed helps you resolve most housing issues with confidence and protects your rights as a renter throughout your studies.

Need Help? Resources for Renters


  1. California Civil Code Sections 1940-1954.05
Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.