Brea · Renting & eviction
Renting in Brea: the rules that apply
Brea has no rent control or eviction rules of its own and adds no other renting rules to state law. State law governs rent increases, eviction, notices, deposits and repairs; its rent cap and just-cause rule apply to covered units only.
Key points
- Rent cap: State law caps covered units at 8.7% for increases taking effect August 1, 2026 through July 31, 2027, measured over any 12 months.
- Cap limits: The state cap over any 12 months is 5% plus regional inflation or 10%, whichever is lower, with no more than two increases.
- Just cause: After 12 months' lawful occupancy, state law lets a covered unit's owner end the tenancy only for a just cause stated in the notice.
- Ending notice: State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than one year.
- Relocation pay: On covered units, no-fault just causes require one month's rent as payment or rent waiver, paid within 15 calendar days of the notice.
- Security deposit: State law caps deposits at one month's rent, or up to two for qualifying small landlords, returned within 21 calendar days after move-out.
Each rule below is marked Brea code or CA state law and links to the section it comes from (extracted October 2026). General information, not legal advice.
Rent increases
CA state law Brea has no rule of its own on this, so California law applies. Rent cap right now: 8.7% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.7% inflation) (Civ. Code § 1947.12(a)(1), (g)). California's statewide rent cap — the full state rule →
Eviction and just cause
CA state law Brea has no rule of its own on this, so California law applies. Just cause required: After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice (Civ. Code § 1946.2(a)). Just-cause eviction in California — the full state rule →
Relocation payments
CA state law Brea has no rule of its own on this, so California law applies. No-fault eviction relocation assistance: One month's rent (as relocation payment or rent waiver), paid within 15 calendar days of the notice (Civ. Code § 1946.2(d)(3)(A)). Relocation under California's just-cause law — the full state rule →
Notices
We found no Brea rule on this in the Brea Municipal Code (extracted October 2026). The state rule below applies.
| Notice of a rent increase | At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10% Applies: The 10% is measured against the rent charged at any time in the 12 months before the increase, counting all increases in that period together. |
|---|---|
| Notice to end a month-to-month tenancy (landlord) | 60 days' notice; 30 days if the tenant has lived there less than one year Applies: Where the unit is covered by just cause (Civ. Code § 1946.2) or a local ordinance, the notice must also state a qualifying cause. |
| Notice to end a month-to-month tenancy (tenant) | At least as long as the rental period (one month for a month-to-month tenancy) |
| 30-day notice when the unit is sold to an owner-occupant | 30 days' notice when a separately sellable unit is in escrow to a natural person who will live there for at least a year Applies: Notice within 120 days of opening escrow, given once, and all § 1946.1(d) conditions met. |
| Notice to pay rent or quit | 3 days, not counting Saturdays, Sundays and judicial holidays, stating the amount due and how to pay Applies: May be served any time within one year after the rent became due. |
| Notice to cure a lease violation or quit | 3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease term or leave |
| No fee for serving notices | A landlord may not charge the tenant a fee for serving or posting a notice |
Security deposits
CA state law Brea has no rule of its own on this, so California law applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →
Retaliation
CA state law Brea has no rule of its own on this, so California law applies. Retaliation protection period: For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation (Civ. Code § 1942.5(a), (b)). Retaliatory eviction in California — the full state rule →
Harassment and lockouts
CA state law Brea has no rule of its own on this, so California law applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →
Repairs and habitability
CA state law Brea has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →
Landlord entry
CA state law Brea has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →
Short-term rentals
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Hotel and short-term rental tax
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Who this affects
Frequently asked questions
How much can rent go up in Brea?
State law caps covered units at 8.7% for increases taking effect August 1, 2026 through July 31, 2027, measured over any 12 months. The state cap over any 12 months is 5% plus regional inflation or 10%, whichever is lower, with no more than two increases.
Does a landlord in Brea need a reason to evict?
After 12 months' lawful occupancy, state law lets a covered unit's owner end the tenancy only for a just cause stated in the notice.
Does a Brea landlord have to pay relocation?
On covered units, no-fault just causes require one month's rent as payment or rent waiver, paid within 15 calendar days of the notice.
How much notice does a Brea landlord have to give?
State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than one year.
How much can a Brea landlord charge for a security deposit?
State law caps deposits at one month's rent, or up to two for qualifying small landlords, returned within 21 calendar days after move-out.
Can I rent out my home short-term in Brea?
Brea's code: Limited. Only under a pilot program with a short-term rental license. (Owners only, not tenants. Not allowed in accessory dwelling units, junior accessory dwelling units, RVs or city affordable housing units.) (§ 5.32.040); No more than 100 licensed short-term rentals in the city at any time. (Pilot program: 25 in the Northwest, 50 in the Southwest, 25 in the East sector, issued by lottery in each sector.) (§ 5.32.040).
What is the hotel tax on short-term rentals in Brea?
Brea's code: 10% of the rent charged by the operator. (§ 3.16.030); Each operator collects the tax from every guest at the same time as the rent. (§ 3.16.050).
General information, not legal advice.
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