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McFarland is a small agricultural city in Kern County, California, with a population of roughly 22,000 residents. The city has a high proportion of renters, many of whom work in the surrounding farming and food-processing industries. As a city without its own municipal tenant-protection ordinances, McFarland renters rely entirely on California state law to govern their relationship with landlords — and California's protections are among the strongest in the nation.
California's Tenant Protection Act of 2019 (AB 1482) introduced statewide rent increase caps and just-cause eviction requirements for many rental units across the state, including in smaller cities like McFarland. Renters commonly search for information about how much their rent can be raised, how to get their security deposit back, and what steps a landlord must take before filing for eviction. This guide answers those questions using the specific statutes that apply to McFarland tenants.
This page is for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you have a specific legal problem, consult a licensed California attorney or contact a local legal aid organization.
McFarland has not enacted a local rent control ordinance. However, many McFarland renters are protected by California's statewide rent cap law, the Tenant Protection Act of 2019 (AB 1482), codified at Cal. Civ. Code § 1947.12. Under this law, annual rent increases for covered units are capped at 5% plus the local Consumer Price Index (CPI), with an absolute maximum of 10% in any 12-month period.
Units that qualify for AB 1482 protections include most apartments that are more than 15 years old and are not otherwise exempt. Key exemptions include single-family homes and condominiums where the owner has provided proper written notice of the exemption, units built within the last 15 years, and housing already subject to a local rent control ordinance with stricter rules. Because McFarland has no local ordinance, the 15-year rolling exemption is the primary exclusion for renters to be aware of.
In practical terms, if your unit is covered, your landlord cannot raise your rent by more than the statutory cap in any 12-month period. If they do, the excess portion of the increase is void and unenforceable. Renters who believe they have been subjected to an illegal rent increase should document communications and consult a legal aid organization.
California law provides renters in McFarland with a robust set of protections across several key areas:
Implied Warranty of Habitability (Cal. Civ. Code § 1941 & § 1941.1): Landlords must maintain rental units in a habitable condition at all times. This includes functioning plumbing, heating, electrical systems, weatherproofing, and freedom from vermin and mold. If a landlord fails to make necessary repairs after receiving notice, tenants may have the right to repair and deduct costs (up to one month's rent, Cal. Civ. Code § 1942), or to withhold rent while following proper legal procedures.
Security Deposit Rules (Cal. Civ. Code § 1950.5): Landlords may charge a maximum security deposit of one month's rent for unfurnished units (as of July 1, 2024, under AB 12). Deposits must be returned within 21 calendar days of the tenant vacating, along with an itemized written statement of any deductions. Failure to comply can result in the landlord owing the tenant up to twice the deposit amount as a penalty.
Required Notice Before Termination (Cal. Civ. Code § 1946.1): For month-to-month tenancies, landlords must provide at least 30 days' written notice if the tenant has lived there less than one year, and at least 60 days' written notice if the tenant has lived there one year or more.
Just Cause for Eviction (Cal. Civ. Code § 1946.2): Under AB 1482, landlords of covered units must have a legally recognized just cause to terminate tenancy after a tenant has lived there for 12 months. Just causes include nonpayment of rent, lease violations, and certain no-fault reasons (such as owner move-in or demolition), the latter of which may require relocation assistance equal to one month's rent.
Anti-Retaliation Protections (Cal. Civ. Code § 1942.5): It is illegal for a landlord to retaliate against a tenant for exercising any legal rights — such as complaining about habitability, contacting a government agency, or organizing with other tenants. Retaliation can include rent increases, service reductions, or eviction. A rebuttable presumption of retaliation arises if adverse action occurs within 180 days of a protected activity.
Prohibition on Self-Help Eviction (Cal. Civ. Code § 789.3): A landlord may never remove a tenant by changing locks, removing doors or windows, or shutting off utilities (including water, gas, electricity, or heat). Such acts are illegal regardless of whether the tenant owes rent. Tenants may sue for actual damages, punitive damages, and a civil penalty of up to $100 per day per violation.
Security deposits in McFarland are governed exclusively by California state law under Cal. Civ. Code § 1950.5. As of July 1, 2024, following the enactment of AB 12 (2023), landlords are limited to collecting a maximum security deposit equal to one month's rent for unfurnished units and two months' rent for furnished units. An exception applies for small landlords who own no more than two residential properties with a combined total of no more than four units — these landlords may still charge up to two months' rent for unfurnished units.
After a tenant vacates, the landlord must return the deposit (or the remaining balance after lawful deductions) along with a written, itemized statement of all deductions within 21 calendar days. Allowable deductions are limited to unpaid rent, costs to repair damage caused by the tenant beyond normal wear and tear, and cleaning costs if necessary to restore the unit to its condition at move-in. Landlords must also include copies of receipts for any cleaning or repair work costing $125 or more.
If a landlord willfully withholds the deposit in bad faith — meaning without a legitimate reason — the tenant may sue and recover up to twice the amount wrongfully withheld in addition to the actual deposit amount (Cal. Civ. Code § 1950.5(l)). Tenants should document the condition of the unit at move-in and move-out with photographs and written records to support any future claim.
Evictions in McFarland follow the California unlawful detainer process governed by the California Code of Civil Procedure (CCP) §§ 1161–1179a. A landlord cannot remove a tenant without going through this formal court process. The following steps are required:
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with a written notice. The type and duration of notice depends on the reason for eviction: a 3-Day Notice to Pay Rent or Quit for nonpayment of rent (CCP § 1161(2)); a 3-Day Notice to Cure or Quit for a curable lease violation (CCP § 1161(3)); a 3-Day Unconditional Quit Notice for serious or repeat violations (CCP § 1161(4)); or a 30- or 60-Day Notice to Vacate for no-fault terminations of month-to-month tenancies (Cal. Civ. Code § 1946.1). For tenants covered by AB 1482, no-fault evictions require a legally recognized just cause under Cal. Civ. Code § 1946.2.
Step 2 — Filing the Unlawful Detainer Lawsuit: If the tenant does not comply with the notice, the landlord may file an unlawful detainer (UD) complaint in Kern County Superior Court. The tenant has 5 business days from service of the court summons to file a written response (CCP § 1167).
Step 3 — Court Hearing: If the tenant responds, a hearing is scheduled. Both parties may present evidence. If the landlord prevails, the court issues a judgment for possession and a writ of possession.
Step 4 — Writ of Possession: Only a Kern County Sheriff can physically remove the tenant pursuant to a writ of possession. The Sheriff typically posts a 5-day notice before executing the lockout.
Prohibition on Self-Help Eviction: It is a violation of Cal. Civ. Code § 789.3 for a landlord to change locks, remove belongings, shut off utilities, or take any other action to force a tenant out without a court order. Tenants subjected to self-help eviction may seek injunctive relief and monetary damages.
Relocation Assistance: Under AB 1482 (Cal. Civ. Code § 1946.2(d)), tenants evicted for certain no-fault just causes (such as owner move-in or demolition) are entitled to relocation assistance equal to one month's rent from the landlord.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws — including those under California Civil Code and the Code of Civil Procedure — can change, and the application of any law depends on the specific facts of your situation. RentCheckMe makes no warranties as to the accuracy or completeness of this information. If you have a specific legal problem or question about your rights as a renter in McFarland or Kern County, please consult a licensed California attorney or contact a qualified legal aid organization in your area.
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