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Montclair is a small city of approximately 38,000 residents in San Bernardino County, situated in the Inland Empire region of Southern California. The city has a high renter population relative to its size, and many residents rent single-family homes, apartments, and condominiums in a market that has seen significant rent increases in recent years.
Montclair renters are governed entirely by California state law, including the California Civil Code's landlord-tenant provisions and the statewide Tenant Protection Act of 2019 (AB 1482). Tenants most commonly search for information about security deposit returns, eviction notice requirements, allowable rent increases, and landlord repair obligations — all of which are addressed by state statute and explained in detail below.
This page is for informational purposes only and does not constitute legal advice. If you are facing an eviction, dispute with your landlord, or other housing emergency, please consult a licensed California attorney or a local legal aid organization.
Montclair has no local rent control ordinance. The city has not enacted any municipal rent stabilization policy, and there is no Montclair-specific cap on how much a landlord may raise rent.
However, California's statewide Tenant Protection Act of 2019 (AB 1482), codified at Cal. Civ. Code § 1947.12, imposes an annual rent increase cap on many — but not all — residential rental units statewide. Under AB 1482, landlords of covered units may not raise rent by more than 5% plus local CPI, or 10% total, whichever is lower, in any 12-month period. This cap applies on a rolling basis and cannot be circumvented by stacking increases.
Important exemptions: AB 1482 does not apply to single-family homes or condominiums where the owner has provided the required written notice of exemption, units that are less than 15 years old (a rolling exemption), units already subject to a local rent control ordinance stricter than the state law, or housing subsidized under specific government programs. If your unit is exempt, your landlord may raise rent by any amount with proper notice. Renters in Montclair should carefully review whether their unit qualifies for AB 1482 protection.
California law provides a robust set of baseline protections for all renters, including those in Montclair. Key protections include:
Habitability (Cal. Civ. Code § 1941 & § 1941.1): Landlords are legally required to maintain rental units in a habitable condition. This includes weatherproofing, functioning heating, plumbing and electrical systems, hot and cold running water, and freedom from rodent or insect infestation. If a landlord fails to make necessary repairs, tenants may have the right to repair and deduct the cost from rent (up to one month's rent, once per 12-month period) under Cal. Civ. Code § 1942, or to withhold rent under certain conditions after proper notice.
Security Deposit Rules (Cal. Civ. Code § 1950.5): Landlords may collect a security deposit of no more than one month's rent for unfurnished units (as of July 1, 2024, under AB 12). Deposits must be returned — with an itemized written statement of any deductions — within 21 calendar days after the tenant vacates. Deductions are limited to unpaid rent, cleaning to restore the unit to the condition it was in at move-in (excluding normal wear and tear), and repair of damage beyond normal wear and tear.
Notice Requirements (Cal. Civ. Code § 1946 & § 1946.1): For month-to-month tenancies, landlords must provide 30 days' written notice to terminate if the tenant has lived in the unit for less than one year, and 60 days' written notice if the tenant has lived there for one year or more. Tenants may terminate a month-to-month tenancy with 30 days' written notice regardless of tenancy length.
Just Cause for Eviction (Cal. Civ. Code § 1946.2): Under AB 1482, tenants in covered units who have continuously and lawfully occupied their unit for 12 months or more may only be evicted for a just cause reason. Just causes include nonpayment of rent, breach of a material lease term, criminal activity, and certain no-fault reasons (such as owner move-in or substantial remodel) where relocation assistance is required.
Anti-Retaliation (Cal. Civ. Code § 1942.5): Landlords are prohibited from retaliating against tenants who exercise their legal rights — such as requesting repairs, reporting code violations to a government agency, or organizing with other tenants. Retaliation is presumed if adverse action (such as a rent increase or eviction notice) occurs within 180 days of the tenant's protected activity. Tenants may sue for actual damages, punitive damages, and attorney's fees.
Lockout & Utility Shutoff Prohibition (Cal. Civ. Code § 789.3): It is illegal for a landlord to lock out a tenant, remove doors or windows, or cut off utilities (such as water, heat, or electricity) to force a tenant to leave. Violations entitle the tenant to actual damages plus $100 per day for each day the violation continues, with a minimum penalty of $250.
California's security deposit rules, which fully govern landlords in Montclair, are set forth in Cal. Civ. Code § 1950.5, as amended by AB 12 (effective July 1, 2024).
Maximum Deposit: As of July 1, 2024, landlords may collect a security deposit of no more than one month's rent for unfurnished units and two months' rent for furnished units. A limited exception applies for small landlords (those who own no more than two residential rental properties with a combined total of no more than four dwelling units) who may collect up to two months' rent for unfurnished units if the tenant is not an active military servicemember.
Return Deadline: After a tenant vacates, the landlord must return the deposit — along with an itemized written statement of any deductions and copies of receipts for repair or cleaning costs over $125 — within 21 calendar days. If the landlord fails to provide an itemized statement, they forfeit the right to retain any portion of the deposit.
Allowable Deductions: Deductions are limited to: (1) unpaid rent; (2) cleaning costs necessary to restore the unit to the same level of cleanliness it was in at move-in; and (3) repair of damage caused by the tenant beyond normal wear and tear. Landlords may not deduct for pre-existing damage or ordinary wear and tear such as faded paint or minor carpet wear.
Penalty for Wrongful Withholding: If a court finds that a landlord acted in bad faith by wrongfully withholding any portion of the deposit, the tenant may recover up to twice the amount wrongfully withheld as a statutory penalty, in addition to the actual deposit amount (Cal. Civ. Code § 1950.5(l)). Tenants may file a claim in California Small Claims Court for amounts up to $12,500.
Evictions in Montclair follow California state law and must proceed through the court system. Landlords may not remove a tenant through self-help measures — any attempt to do so is illegal under Cal. Civ. Code § 789.3.
Step 1 — Written Notice: Before filing for eviction, the landlord must serve the tenant with a written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Unlawful Detainer Filing: If the tenant does not comply with the notice or vacate by the deadline, the landlord may file an Unlawful Detainer (UD) lawsuit in San Bernardino County Superior Court. The tenant has 5 business days after service of the summons and complaint to file a written response.
Step 3 — Court Hearing: If the tenant files a response, the court will schedule a hearing, typically within 20 days. Either party may present evidence. If the landlord prevails, the court issues a judgment for possession. If the tenant prevails, the case is dismissed.
Step 4 — Writ of Possession: If the landlord obtains a judgment, they may request a Writ of Possession from the court. A San Bernardino County Sheriff's deputy will post a 5-day notice to vacate on the property, and if the tenant remains, the sheriff will enforce the lockout.
Just Cause Requirement: For tenants in AB 1482-covered units who have lived in the unit for 12 months or more, the landlord must state a legally valid just-cause reason for eviction under Cal. Civ. Code § 1946.2. For no-fault evictions (such as owner move-in), the landlord must provide relocation assistance equal to one month's rent.
Self-Help Eviction Is Illegal: A landlord who changes locks, removes doors or windows, shuts off utilities, or removes the tenant's belongings to force them out — without a court order — violates Cal. Civ. Code § 789.3 and may be liable for $100 per day in statutory damages (minimum $250), plus actual damages and attorney's fees.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws — including California state statutes and any applicable local ordinances — are subject to change, and the specific facts of your situation may affect how the law applies to you. You should consult a licensed California attorney or a qualified legal aid organization before making any decisions based on this information. RentCheckMe is not a law firm and does not provide legal representation.
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