Cal. Civ. Code § 1947.11
California Civil Code
Operative Text
(a) In any city, county, or city and county which administers a system of controls on the price at which residential rental units may be offered for rent or lease and which requires the registration of rents, upon the establishment of a certified rent level, any owner who charges rent to a tenant in excess of the certified lawful rent ceiling shall refund the excess rent to the tenant upon demand. If the owner refuses to refund the excess rent and if a court determines that the owner willfully or intentionally charged the tenant rent in excess of the certified lawful rent ceiling, the court shall award the tenant a judgment for the excess amount of rent and may treble that amount. The prevailing party shall be awarded attorney’s fees and court costs. (b) The remedy provided by this section shall not be construed to prohibit any other remedies available to any party affected by this section. (c) This section shall not be construed to extend the time within which actions are required to be brought beyond the otherwise applicable limitation set forth in the Code of Civil Procedure.
California Civil Code § 1947.11 applies in jurisdictions that both cap residential rents and require rent registration. Once a lawful rent ceiling is certified under such a local system, charging a tenant more than that ceiling is prohibited, and the excess must be refunded upon the tenant's demand. If a landlord refuses and a court finds the overcharge was willful or intentional, the court must award the tenant the excess rent and may multiply that amount up to three times; the prevailing party in such litigation is also entitled to attorney's fees and court costs. This statute does not eliminate other available remedies, nor does it extend any otherwise applicable statute of limitations.
Plain English — not legal advice.
Property owners operating in cities or counties covered by Cal. Civ. Code § 1947.11 — those with both rent ceilings and a rent registration requirement — generally maintain careful records of the certified lawful rent ceiling for each unit and ensure that no rent charged exceeds that figure. When a tenant makes a demand for a refund of alleged excess rent, compliant operators typically respond promptly, because a court finding of willful or intentional overcharging under this section can result in damages up to three times the excess amount, plus the tenant's attorney's fees. Staying current with any adjustments to a unit's certified rent level through the applicable local rent board is a standard practice for operators subject to this statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Cal. Civ. Code § 1947.11, tenants living in a jurisdiction with both a rent registration system and a certified rent ceiling have the right to demand a refund if they believe they have been charged more than the lawful ceiling. If a landlord refuses that demand and a court later finds the overcharge was willful or intentional, the court must award the excess rent and may treble the amount, with attorney's fees going to the prevailing party. Tenants who believe they may have been overcharged can look into filing a complaint with their local rent board, reviewing their unit's registered rent level through that board's public records, or reaching out to a tenant-rights organization for general information about how this section applies in their locality.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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