Renting and housing rights for immigrant families: the complete guide

This guide is general information, not legal advice. DNLH is not a law office and cannot represent you. Housing rules depend on your city, your building and your lease, so check your situation with a free legal helper before you act. Where a rule has an exception, we say so in the same section.

On this page

• Do I have rights as a renter without papers?
• What can a landlord ask when I apply or pay rent?
• What if my landlord threatens to call immigration?
• How much can my rent go up?
• Can my landlord make me move out?
• I got a notice. What does it mean?
• I got court papers. How do I answer?
• Can my landlord lock me out, shut off utilities or walk in?
• What if my home needs repairs?
• How do I get my deposit back?
• Where can I get help paying rent?
• What if my family lives in public housing or uses Section 8?
• What if I need to leave my home to be safe?
• What changed in 2025 and 2026?
• Who can help for free in the Bay Area?
• Questions people ask

Do I have rights as a renter without papers?

Yes. California renter protections cover you whatever your immigration status. That includes the rules on rent increases, evictions, repairs, deposits and lockouts.

California law goes further for immigrant renters. A landlord may not:

• Ask about your immigration or citizenship status, or the status of anyone who lives with you
• Make you sign a statement about your status
• Threaten to report you or your family to immigration
• Report you to immigration or any agency to scare you, punish you or push you out
• Evict you because of your status, or because of what they think your status is

These protections come from Civil Code sections 1940.2, 1940.3, 1940.35 and 1942.5 and Code of Civil Procedure 1161.4. Another state law, Civil Code 3339, says that in cases under California housing laws, your status does not matter to whether the landlord broke the law. It also limits when anyone can ask about it.

The California Attorney General says it plainly: private housing providers may not discriminate based on citizenship, immigration status or primary language.

What a landlord can still do. A landlord may check whether you can pay the rent and confirm who you are. Landlords in some federal programs, like public housing and Section 8, must follow federal rules about status. And a landlord can still follow a court order, subpoena or warrant. Those are the exceptions written into the law.

What this means for you. You can ask for repairs. You can push back on an illegal rent increase. You can answer an eviction case in court. Your papers do not take those rights away.

What can a landlord ask when I apply or pay rent?

A landlord can ask about your income and who you are. A landlord cannot ask about your immigration status.

When you apply. The landlord may check that you can afford the rent and may confirm your identity. You can usually show:

• Pay stubs, bank statements or a letter from your employer
• Proof of other income you get
• A photo ID, such as a California driver's license or ID card, a passport or a consular ID

If you do not have a Social Security number, ask the landlord what else they accept to check your income and history. Some families bring a letter from a past landlord, rent receipts, or bank records. To build a credit record without an SSN, see Build credit without a Social Security number. To open an account, see Open a bank account with an ITIN or consular ID.

After you move in. If the landlord approved you and later tries to evict you because you never gave a Social Security number, or the details for a credit check, or a kind of ID they now want, the law presumes the eviction is about status. That is Code of Civil Procedure 1161.4. It is a strong defense in court. Federal housing programs are the exception.

How you can pay rent. If you pay in cash because you do not have a bank account, you still have rights:

• The landlord must allow at least one way to pay that is not cash and not an electronic transfer, such as a check or money order. A landlord can require cash only for up to 3 months after a check bounced, and must say so in writing.
• The landlord may not charge a fee for paying by check.
• Someone else, like a relative, can pay your rent for you. The landlord can ask that person to sign a short statement that they are not a tenant.
• You have the right to a written receipt for any payment. Ask for one every time you pay in cash.

Mistakes to avoid:

• Do not show false papers. That can hurt you far more than the apartment is worth.
• Do not pay a deposit or fees in cash without a receipt.
• Do not sign a lease you do not understand. Ask for a copy in your language, or ask a helper to read it with you before you sign.

What if my landlord threatens to call immigration?

That threat is against California law. A landlord may not threaten to tell immigration about you, your family or anyone connected to you to get you to move. A landlord may not actually report you to scare you, punish you or take back the unit.

Here is what the law says, in plain words:

• Threats to push you out. A landlord who threatens to disclose your status to make you leave breaks Civil Code 1940.2. A tenant who wins can get up to $2,000 for each violation, and can bring the case in small claims court.
• Reporting you to scare you or get the unit back. Under Civil Code 1940.35, a court must order the landlord to pay 6 to 12 times the monthly rent for each person whose status was disclosed, plus your lawyer's fees.
• Retaliation. Under Civil Code 1942.5, reporting or threatening to report you to immigration counts as punishment for using your rights, like asking for repairs or joining a tenants' group.
• Eviction. Under Code of Civil Procedure 1161.4, a landlord may not evict you because of your status. If they try, you can say so in your answer to the court.

You cannot sign these rights away. A lease clause that says otherwise does not count.

What to do the same day:

1. Stay calm. Do not argue and do not sign anything.
2. Write it down. The date, the time, the exact words, who was there, and whether it was in person, by text or by phone. Use the My home record sheet.
3. Save every text, voicemail and letter. Take screenshots and keep them somewhere safe, not only on one phone.
4. Call free legal help. In East Palo Alto, CLSEPA at 650-326-6440 helps tenants facing harassment by landlords. More options are below.
5. Make your family plan. A threat is a good reason to have your papers, contacts and child care plan ready. See Make a family preparedness plan.

What happens next. A legal helper may send a letter to the landlord, help you file a complaint, or use the threat as a defense if the landlord files an eviction case. You can also file a housing discrimination complaint with the Civil Rights Department at 800-884-1684.

If immigration agents come to your home. That is a different situation with its own rules. You do not have to open the door unless the agents show a warrant signed by a judge. See How to tell an ICE warrant from a judge's warrant and Know your rights if immigration agents come. Rapid response lines: San Mateo County (203) 666-4472, Santa Clara County (408) 290-1144, 24 hours.

How much can my rent go up?

For most rentals older than 15 years, your landlord cannot raise the rent more than 10% in any 12 months, and often less. If you live in a city with its own rent rules, like East Palo Alto or parts of San Jose, the limit can be lower still.

The statewide cap. California's Tenant Protection Act (Civil Code 1947.12) limits rent increases to 5% plus the change in the cost of living, or 10% total, whichever is lower, over any 12 month period. The Attorney General publishes a chart of the highest increase allowed in each area. The current chart covers increases that take effect from August 1, 2026 to July 31, 2027. Find it on the Attorney General's tenant page.

Who is covered. Most rental homes and apartments in California are covered, including homes rented with a Section 8 voucher. Some are not, for example:

• Buildings that got their certificate of occupancy within the last 15 years
• A single family home or condo owned by a person (not a corporation), if the landlord gave you a written notice saying the home is exempt
• A duplex where the owner lives in the other half
• Housing with recorded affordability limits, and dorms
• Units already under a stronger local rent law

If you are not sure whether your home is covered, ask a legal helper. Many families find out they are covered when they thought they were not.

How much notice you get. A rent increase must be in writing. A call, a text or an email is not enough. You get:

• 30 days' notice if the increase is 10% or less
• 90 days' notice if the increase is more than 10%

East Palo Alto. East Palo Alto voters passed the Rent Stabilization and Just Cause for Eviction Ordinance in 2010. It covers most rental homes in the city. Rents can rise each year only by the annual general adjustment the Rent Board sets, unless the landlord wins a special petition. When a new tenant moves in, the landlord may set a new starting rent, and the limits apply from there. The city posts the 2026 to 2027 adjustment and the required rent increase notice form, in English and Spanish, on its Program Year 2026 to 2027 page. Questions: Rent Stabilization Program, (650) 853-3114, rentprogram@cityofepa.org, 2415 University Avenue, 2nd floor. Mobile home park spaces follow the city's older 1988 ordinance.

San Jose. Apartments with three or more units built and occupied before September 7, 1979 fall under the Apartment Rent Ordinance. The most the rent can go up is one 5% increase in 12 months. Call the city's Rent Stabilization Program at 408-975-4470 to find out if your building is covered.

What to do if the increase looks too high:

1. Find the date your last increase took effect and the amount.
2. Work out the percentage: new rent minus old rent, divided by old rent, times 100.
3. Check the Attorney General's chart, or your city's rule.
4. Keep paying the rent you lawfully owe while you get help. Do not stop paying.
5. Call a legal helper. A landlord who breaks the Tenant Protection Act can owe damages, and up to three times the damages if they did it on purpose.

Mistake to avoid: do not just agree to an illegal increase because you are afraid. A legal helper can often talk to the landlord for you.

Can my landlord make me move out?

Only through a court case, and in most older rentals only for a reason the law allows. The end of your lease, by itself, is not enough.

Just cause. Under the Tenant Protection Act (Civil Code 1946.2), once all the tenants have lived in the unit for 12 months, or at least one tenant has lived there for 24 months, the landlord needs a legal reason to end your tenancy. The reason must be written in the notice.

At fault reasons (the landlord says you did something wrong):

• Not paying rent
• Breaking an important part of the lease
• Nuisance, serious damage, or using the unit for something illegal
• Certain criminal activity
• Refusing to let the landlord in when the law allows entry
• Refusing to sign a new lease with similar terms

No fault reasons (you did nothing wrong):

• The owner or a close family member will move in
• The owner will tear down or substantially remodel the unit
• The owner will take the unit off the rental market
• A government order or local law requires you to leave

If the reason is no fault, the landlord must help you move. The landlord must pay you one month's rent or waive your last month's rent.

Owner move in has strict rules. Since April 1, 2024, the owner or relative must move in within 90 days after you leave and live there for at least 12 months. The notice must name the person moving in and their relationship to the owner. If they do not move in, the landlord must offer you the unit back at the same rent, and pay reasonable moving costs.

Substantial remodel has strict rules too. The work must need permits, must make the unit unsafe to live in, and must take at least 30 days. Paint, carpet and other cosmetic work do not count. The notice must describe the work and include copies of permits.

Local rules can protect you more. East Palo Alto has its own just cause rules. San Jose's Tenant Protection Ordinance lists 13 allowed reasons for most apartments and requires the landlord to file eviction notices with the city.

What a landlord can never do: evict you because of your status, because you asked for repairs, because you complained to the city, or because you joined a tenants' group. That is retaliation, and it is a defense in court.

I got a notice. What does it mean?

A notice is not an eviction. It is the first step, and it starts a clock. Read the notice carefully, note the date you got it, and call a legal helper right away.

Here are the common notices in California:

• 3 day notice to pay rent or quit. You are behind on rent. You have 3 days to pay the exact amount listed or move. Weekends and court holidays do not count. The notice may list only rent, not late fees, utilities or damages.
• 3 day notice to perform covenants or quit. The landlord says you broke a lease rule you can fix, like a pet or a parking rule. You have 3 days, not counting weekends and court holidays, to fix it.
• 3 day notice to quit. For serious problems, like illegal activity or major damage. Under the Tenant Protection Act, the landlord usually must give you a chance to fix the problem first.
• 30 day or 60 day notice. To end a month to month tenancy. 30 days if you have lived there less than a year, 60 days if a year or more. If the Tenant Protection Act or a city law covers you, the landlord also needs just cause.
• 90 day notice. For Section 8 tenancies. Federal rules apply and the landlord must have just cause.

What to do when you get one:

1. Do not ignore it, and do not panic. You do not have to move out on the date listed. Only a court can order you out.
2. Take a photo of the notice and the envelope. Write down how and when you got it.
3. If it is about rent and you can pay, pay the exact amount within the time given and get a receipt. Pay in a way you can prove.
4. If you cannot pay, call 211 (in the Bay Area) and your county's help line today. See Where can I get help paying rent?
5. Call free legal help. A notice with a mistake in it can be a defense. A legal helper can check it.

What happens next. If you do not do what the notice asks, the landlord can file an eviction case in court. California Courts say the process often takes 30 to 45 days or longer from the notice to a judge's decision.

I got court papers. How do I answer?

Answer in writing within 10 court days, or you can lose your home without a hearing. This is the single most important deadline on this page.

The court papers are called a Summons (form SUM-130) and a Complaint (form UD-100). The case is called an unlawful detainer.

Your deadline. Since January 1, 2025, you have 10 court days to file a response. Court days do not include Saturdays, Sundays or court holidays. The count starts the day after you were served. If the papers were served by mail, or through the state's Safe at Home program, you get 5 more court days. Check the exact rule for how you were served on the California Courts answer page.

How to answer:

1. Get help today. Call CLSEPA at 650-326-6440 or, in San Mateo County, Legal Aid at (650) 517-8911. In Santa Clara County, contact the Law Foundation of Silicon Valley. Your court's self help center can also help.
2. Read the Complaint. It lists what the landlord says happened.
3. Fill out the Answer (form UD-105). List each statement you disagree with. Then check every defense that fits you. Give dates and facts. If you need more room, use form MC-025.
4. Possible defenses include: the landlord would not make repairs, the landlord did not follow city rules, the landlord is punishing you for complaining, the landlord is discriminating, or the landlord is evicting you because of your status.
5. Ask for a fee waiver if you cannot pay. The filing fee is $240 to $450. You can ask the court to waive it.
6. Make at least 2 copies. File the original with the court. Keep one. Serve one on the landlord the right way.
7. Check for local forms at your court's website or self help center.

If you are short on time, fill out the Answer the best you can and file it. You can still get help before the trial.

If you missed the deadline, file right away. If the landlord has not yet asked for a default, you may still be able to answer.

What happens next. If you file an Answer, you get a trial. If you do not, the judge can decide without you, the sheriff can post a notice to vacate at your home, and the eviction may show up on your credit report. If you lose, you can ask the court for more time to move.

More than one adult on the lease? You can file one Answer together only if you all have the same defenses. Otherwise, each person files their own.

Can my landlord lock me out, shut off utilities or walk in?

No lockouts. No shutoffs. No surprise visits except in an emergency. The only lawful way to remove a tenant is through a court case.

Lockouts and shutoffs. A landlord may not try to force you out by:

• Changing the locks or blocking your way in
• Removing doors or windows
• Taking out your belongings without your written consent
• Shutting off water, heat, electricity, gas or other utilities, even if the bill is in the landlord's name

Under Civil Code 789.3, a landlord who does this can owe your actual losses plus up to $100 for each day, at least $250, and your lawyer's fees.

If you are locked out or a utility is cut off:

1. Call free legal help right away. In San Mateo County, Legal Aid asks tenants facing a lockout to call (650) 517-8911 immediately.
2. Take photos and write down the time.
3. Call 911 if anyone is in danger.

When the landlord can come in. A landlord may enter for an emergency, to make repairs, to show the unit, after you move out, or with a court order. Except in an emergency, the landlord must:

• Give you written notice. 24 hours is usually enough. If mailed, at least 6 days ahead.
• Say the date, the approximate time and the reason
• Come during normal business hours, unless you agree otherwise at the time

A landlord may not use the right to enter to harass you. Repeated, abusive entry can count as harassment to push you out.

What if my home needs repairs?

Your landlord must keep your home safe and livable, even if you knew about the problem when you moved in. You have the right to ask for repairs without being punished.

What the law requires. Under Civil Code 1941.1, a rental must have:

• A roof and walls that keep out rain, and unbroken windows and doors
• Working plumbing and gas
• Hot and cold running water and a working sewer connection
• Working heat
• Safe electrical wiring and lighting
• A clean building and grounds, free of trash, rats, mice and roaches
• Enough trash cans
• Safe floors, stairs and railings

New in 2026: a stove and a refrigerator. For leases signed, changed or renewed on or after January 1, 2026, the landlord must provide a working stove and a working refrigerator. You can choose to bring your own refrigerator only if the lease has a checkbox saying so, and you can change your mind later with 30 days' written notice. A recalled stove or refrigerator must be repaired or replaced within 30 days after the landlord learns of the recall. Some housing, like single room occupancy units, residential hotels and buildings with shared kitchens, is exempt.

How to ask for a repair:

1. Ask in writing. A text, an email or a letter. Keep a copy. Use the Repair request letter.
2. Take photos and videos with the date.
3. Give the landlord reasonable time. For most problems, 30 days is presumed reasonable. Emergencies, like no heat in winter or a gas leak, need faster action.
4. If nothing happens, call your city's code enforcement office or the county health department. They can inspect and order repairs.
5. Call a legal helper before you hold back rent. Holding back rent the wrong way can lead to an eviction case.

Repair and deduct. Under Civil Code 1942, if you gave notice and the landlord did not fix a serious problem in a reasonable time, you can pay for the repair yourself and subtract it from the rent. The repair cannot cost more than one month's rent, and you can do this no more than twice in 12 months. It does not apply if you or a guest caused the damage. Keep every receipt. Talk to a legal helper first.

Protection from punishment. If you asked for repairs or complained to the city in good faith, and you are not behind on rent, your landlord may not evict you, raise your rent or cut services for 180 days. You can use this protection once in any 12 months. Threatening to report you to immigration after you complain is also illegal retaliation.

If you get an eviction notice while your home has serious problems, tell your legal helper or the court about the problems. That can be a defense.

Your part. Keep your home clean, use appliances the right way and do not damage the unit. You may have to pay for damage you or your guests cause.

How do I get my deposit back?

Most landlords can charge no more than one month's rent as a deposit, and must return it within 21 days after you move out, minus only lawful charges.

How much a landlord can charge. Since July 1, 2024, the limit for most rentals is one month's rent, on top of the first month's rent. A small landlord, meaning a person or family company that owns no more than two rental properties with no more than four units in total, may charge up to two months. A "cleaning fee," "move in fee" or "pet deposit" counts toward the limit.

What the landlord can take out:

• Unpaid rent
• Repair of damage you or guests caused, beyond normal wear and tear
• Cleaning to bring the unit back to how clean it was when you moved in
• Replacing the landlord's furniture or items, if your lease allows it

The landlord cannot charge you for normal wear and tear, or for damage that was there before you moved in.

Steps that protect your deposit:

1. At move in, take your own dated photos and videos of every room. For tenancies that began on or after July 1, 2025, the landlord must also take photos at move in.
2. Before you move out, ask the landlord in writing for an initial inspection. It can happen up to two weeks before you leave. The landlord must give you a list of problems, and you can fix them before you go.
3. Clean and take photos again on your last day.
4. Give your new address in writing.

Within 21 days after you move out, the landlord must send you the money left and a list of every deduction. For deductions over $125, the landlord must include receipts or invoices, and photos of the problem. If you paid rent or the deposit electronically, the landlord must return it electronically unless you agree otherwise in writing.

If the landlord keeps it unfairly, send a short written request for the money. If that does not work, ask a legal helper about small claims court. A landlord who keeps a deposit in bad faith loses the right to claim any of it.

Where can I get help paying rent?

Call 211 (in the Bay Area; elsewhere, find your local 211) or your local help center today, before you fall further behind. Help with rent comes mostly from local programs. Each one sets its own rules, so apply early.

Anywhere in the Bay Area: 211. Dial 211 or 800-273-6222, or text your ZIP code to 898211. It is free, 24 hours a day. 211 can connect you to help with rent and deposits, emergency shelter, eviction prevention and tenant rights help. 211 does not hand out money itself. See 211: free help finding local services.

San Mateo County: Core Service Agencies. The county's Core Service Agencies help people at risk of losing housing, and help with emergency shelter, utility bills and food.

• East Palo Alto and Menlo Park: Samaritan House South, 2396 University Avenue, East Palo Alto, (650) 294-4312, Monday to Friday, 9 a.m. to noon and 1 p.m. to 5 p.m.
• Redwood City, North Fair Oaks, Atherton: Fair Oaks Community Center, 2600 Middlefield Road, Redwood City, (650) 780-7500
• Other cities: see the county's list.

Santa Clara County: Homelessness Prevention System. Low income residents who are housed but at risk of losing their home can apply for temporary financial help, legal support and case management. Visit preventhomelessness.org or call (408) 516-5100.

What to bring when you ask for rent help:

• Your lease or rental agreement, or a letter from your landlord if you have no lease
• Any notice from your landlord
• Proof of income, or a short letter explaining you have none right now
• ID for adults in the home
• Your landlord's name and contact information

Each program sets its own rules. Ask what papers they need before you go.

Will rent help hurt my immigration case? For most families, no. Public charge is a test only in some green card and visa cases, and it does not apply to most immigrants already in the U.S. or to citizenship applications. But since September 18, 2026, USCIS lists housing assistance among the income based benefits officers may consider in a new green card case. If someone in your home plans to apply for a green card through family in the next year or so, talk with a legal helper before you sign up for ongoing housing aid. See Public charge and benefits: the complete guide.

Other ways to free up money for rent. Food help, tax credits and cash from programs you qualify for can make rent easier to pay. See Food help and CalEITC and Young Child Tax Credit with an ITIN. Lost your job? See Lost my job and cannot get unemployment.

Mistake to avoid: never pay anyone who promises to "stop your eviction" or "get you on a housing list" for a fee. Real help from 211, county agencies and legal aid is free. The warning signs are the same as in immigration scams.

What if my family lives in public housing or uses Section 8?

Right now, nothing has changed. Mixed status families still get prorated help under current rules. But a federal proposal could change that, so watch for letters from your housing authority.

How it works today. Public housing and Section 8 vouchers are federal programs with their own immigration rules. At least one person in the household must have an eligible status. When some members are eligible and some are not, the family is called "mixed status" and gets prorated help, which covers the eligible members only.

The 2026 proposal. On February 20, 2026, the U.S. Department of Housing and Urban Development (HUD) proposed a rule called "Verification of Eligible Status." The Housing Authority of the County of Santa Cruz explains that, if finalized as written, it would:

• Require every household member to have verified eligible status for the family to keep its help
• End prorated help for mixed status families, so the family would have to remove members without eligible status or lose its help
• Allow some families on the program since June 19, 1995 to keep help, and allow a temporary delay of termination, up to 18 months in total

HUD's own summary in the Federal Register says the rule would require proof of citizenship or eligible status for every applicant and recipient "regardless of age," and would make prorated help a temporary condition while status is verified, instead of help that can continue indefinitely.

The public comment period closed April 21, 2026. When we searched the Federal Register on October 21, 2026, it listed the proposed rule but no final rule. Proposed rules can change before they become final, or never become final at all.

What to do now:

1. Do not move anyone out or sign anything new because of the proposal alone.
2. Open and read every letter from your housing authority. Answer by the deadline.
3. Keep your recertification papers up to date and keep copies.
4. Talk to a housing legal helper if you get a letter about status or termination. The Law Foundation of Silicon Valley helps Santa Clara County tenants with Section 8 issues. CLSEPA and Legal Aid Society of San Mateo County help San Mateo County tenants.

Your California rights still apply. Section 8 voucher tenancies in market rate housing are covered by the Tenant Protection Act's rent and just cause rules. A Section 8 landlord must give a 90 day notice with just cause to end your tenancy.

What if I need to leave my home to be safe?

If you or a family member survived domestic violence, sexual assault, stalking, human trafficking, elder abuse or certain violent crimes, you can end your lease early. If anyone is in danger right now, call 911.

Under Civil Code 1946.7, you can give your landlord a written notice that you are ending the tenancy. Attach one of these:

• A copy of a restraining order or protective order
• A police report
• A signed statement from a qualified helper, like a domestic violence counselor, a doctor, a nurse or a licensed therapist, using the form in the law
• Other papers that reasonably show what happened

Timing. Give the notice within 180 days of the order, the police report or the incident.

Rent and deposit. You owe rent for no more than 14 days after you give notice. You do not lose your deposit because you left early, and leaving this way is not breaking your lease. The landlord may not share what you told them, except as the law allows.

For help with safety, papers and immigration options for survivors, see Help for survivors and What a restraining order means for my immigration case.

What changed in 2025 and 2026?

Here is what we confirmed on official sources on October 19, 2026.

2025

• More time to answer an eviction case. Since January 1, 2025, tenants have 10 court days to respond to an eviction lawsuit, up from 5 (Code of Civil Procedure 1167, AB 2347).
• Photos for deposits. Since April 1, 2025, landlords must take photos at move out, before and after repairs or cleaning they charge for. For tenancies starting on or after July 1, 2025, they must also take photos at move in. Photos must come with any deduction for repairs or cleaning.
• Electronic deposit returns. If you paid electronically, the landlord must return the deposit electronically unless you agree otherwise in writing.

2026

• Stove and refrigerator required. For leases signed, changed or renewed on or after January 1, 2026, landlords must provide a working stove and refrigerator, with limited exceptions (Civil Code 1941.1, AB 628).
• Federal housing proposal. HUD proposed on February 20, 2026 to end prorated help for mixed status families in public housing and Section 8. As of October 21, 2026, it is a proposal, not a final rule.
• New rent caps. New maximum increases under the Tenant Protection Act took effect for increases starting August 1, 2026. The Attorney General published updated charts on July 17, 2026.
• Public charge. Since September 18, 2026, USCIS lists housing assistance among benefits that may count in a new green card case. See Public charge and benefits.

Still in place from earlier years

• The deposit limit of one month's rent for most landlords, since July 1, 2024.
• Stronger owner move in and remodel rules, since April 1, 2024.
• The immigrant tenant protections in Civil Code 1940.2, 1940.3, 1940.35, 1942.5 and Code of Civil Procedure 1161.4.

Who can help for free in the Bay Area?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Legal help for tenants

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Housing program for tenants facing eviction or rent increases, unsafe homes, or harassment and discrimination by landlords. Walk ins Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road, East Palo Alto. For low income residents of San Mateo and Santa Clara counties.
• Legal Aid Society of San Mateo County, HomeSavers: (650) 517-8911. Evictions, bad conditions and illegal acts by landlords. Call right away if you got eviction court papers or face a sheriff's lockout.
• Law Foundation of Silicon Valley, Housing Program: free advice and representation for low income Santa Clara County residents, including eviction defense, discrimination, repairs and Section 8. See lawfoundation.org/housing.
• Statewide: find legal aid near you at LawHelpCA.org. Your county court's self help center can help you fill out court forms.

Rent and emergency help

• 211: dial 211, call 800-273-6222, or text your ZIP code to 898211
• Samaritan House South (East Palo Alto and Menlo Park): (650) 294-4312
• Fair Oaks Community Center (Redwood City and North Fair Oaks): (650) 780-7500
• Santa Clara County Homelessness Prevention System: (408) 516-5100, preventhomelessness.org

City rent programs

• East Palo Alto Rent Stabilization Program: (650) 853-3114, rentprogram@cityofepa.org
• San Jose Rent Stabilization Program: 408-975-4470

Discrimination complaints

• California Civil Rights Department: 800-884-1684, TTY 800-700-2320, Relay 711

Immigration emergencies

• Rapid response: San Mateo County (203) 666-4472, Santa Clara County (408) 290-1144, 24 hours

For immigration legal help, see Free legal help in the Bay Area and How to find a trusted lawyer.

Questions people ask

Can my landlord ask about my immigration status? No. California Civil Code 1940.3 bars landlords from asking about your status or the status of anyone who lives with you. They can check income and identity. Federal housing programs follow their own rules.

Can I rent without a Social Security number? A landlord may check your income and identity, and you can offer other proof, like pay stubs, bank records and a photo ID. A landlord may not ask about your status. If a landlord approved you and later tries to evict you over a missing SSN, the law presumes the eviction is about status.

My landlord says they will call ICE if I complain. What do I do? Write down exactly what was said and when, save any messages, and call free legal help. That threat is illegal under Civil Code 1940.2 and 1942.5. See What if my landlord threatens to call immigration?

Will going to housing court put me on ICE's radar? California law says your status does not matter to whether your landlord broke housing law, and limits when anyone can ask about it. If you have an open immigration case or a past arrest, tell your legal helper before court so they can plan with you.

The notice says I have to leave in 3 days. Do I have to go? No. A notice is not an eviction. Only a court can order you out. If a judge rules against you and you do not move, the landlord can ask the sheriff to remove you. Call legal help now and read I got a notice.

How long do I have to answer an eviction lawsuit? 10 court days after you were served, not counting weekends and court holidays. Add 5 court days if you were served by mail. Answer with form UD-105.

My landlord changed the locks. Is that legal? No. Lockouts and utility shutoffs are illegal in California. The landlord can owe up to $100 a day, at least $250. Call legal help right away.

My lease is ending. Can my landlord just not renew it? If you are covered by the Tenant Protection Act and have been there 12 months, the end of a lease is not by itself a legal reason to make you leave. City rules can protect you more. Ask a legal helper.

How much can my rent go up this year? For most rentals older than 15 years, no more than 10% in 12 months, and often less. Check the Attorney General's chart for August 1, 2026 to July 31, 2027. In East Palo Alto and some San Jose apartments, city limits are lower.

I rent a room or a garage. Do I have rights? It depends on your setup. The rules against asking about status, lockouts and retaliation are written for tenants and occupants. But the Tenant Protection Act's just cause rules do not cover a room in a home where you share a kitchen or bathroom with an owner who lives there. Ask a legal helper about your exact setup before you move or sign anything.

Can I hold back rent because of repairs? Sometimes, but only the right way. Repair and deduct lets you spend up to one month's rent on a repair, twice a year at most, after notice and a reasonable time. Talk to a legal helper first, because doing it wrong can lead to an eviction case.

Does rent help count against me for public charge? Since September 18, 2026, USCIS lists housing assistance among benefits that may count in a new green card case. It does not apply to most immigrants already here or to citizenship. Read Public charge and benefits and get advice if a green card case is coming.

My family uses Section 8 and not all of us have papers. Will we lose it? Not today. Mixed status families still get prorated help. A February 2026 HUD proposal would end that, but it was not final when we checked on October 21, 2026. Read every letter from your housing authority and get legal help if one mentions status.

There is no DNLH answer page on housing yet. When short answers on renting are published, we will link them here.

Printables

My home record

Repair request letter

Your home is where your family rests, prays and grows. The law is on your side more than many people know. Whatever you are facing with your landlord, there is a next step, and you do not have to take it alone. Start with one: write down what happened today. We are with you.