California Residential Lease Agreement

Create a professional, California-compliant residential lease agreement with our free template. Includes all required California disclosures and adheres to state landlord-tenant laws.

A California residential lease agreement is a legally binding contract between a landlord and tenant that includes state-specific provisions required by California law, covering security deposits, disclosures, tenant rights, and maintenance responsibilities for residential property rentals.

California has some of the most tenant-protective rental laws in the nation. Our California-specific lease agreement template ensures your rental contract complies with all state regulations, including security deposit limitations, required disclosures about mold and lead paint, and specific notice periods for entry and termination. Whether you're renting out a home in San Francisco, an apartment in Los Angeles, or a condo in San Diego, our customizable template helps you create a legally sound lease agreement that protects both landlord and tenant rights under California law.

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California Landlord-Tenant Law Highlights

Provision	California Law Requirement
Security Deposit Limits	Unfurnished rentals: maximum of 2 months' rent Furnished rentals: maximum of 3 months' rent
Security Deposit Return	Must be returned within 21 days after tenant moves out with itemized statement of deductions
Notice for Landlord Entry	24-hour written notice required except in emergencies
Rent Increase Notice	30 days' notice for increases less than 10% 90 days' notice for increases of 10% or more
Rent Control	Many cities have local rent control ordinances Statewide rent cap limits increases to 5% plus CPI (maximum 10%)
Required Disclosures	Lead-based paint, mold, pest control, ordnance locations, methamphetamine contamination, bed bugs, and more
Termination Notice (Month-to-Month)	For tenancies less than 1 year: 30 days For tenancies 1 year or longer: 60 days
Late Fees	Must be reasonable and specified in the lease
Repair and Deduct	Tenants can repair and deduct from rent if landlord fails to make important repairs
Retaliation Protection	Landlords prohibited from retaliating against tenants who exercise legal rights

Required California Lease Disclosures

California law requires several specific disclosures to be included in or attached to residential lease agreements:

Lead-Based Paint Disclosure

Required for all housing built before 1978. Landlords must disclose known lead-based paint hazards and provide tenants with an EPA-approved pamphlet about lead poisoning prevention.

Mold Disclosure

Landlords must disclose the presence of known mold that exceeds permissible exposure limits or poses a health threat. Information about mold's health effects must also be provided.

Pest Control Disclosure

If a pest control company services the property, landlords must provide new tenants with a disclosure containing specific information about the pesticides used.

Military Ordnance Disclosure

Properties located within one mile of military training grounds or ordnance storage must include a written disclosure to tenants.

Methamphetamine Contamination

Landlords must disclose any notice received about methamphetamine contamination in the rental unit.

Bed Bug Disclosure

Landlords must provide information about bed bugs, including prevention, detection, and reporting procedures.

Database Disclosure

Landlords must include notice that the California Department of Justice maintains a database of registered sex offenders (Megan's Law database).

Demolition Disclosure

If the landlord has received a permit to demolish the rental unit, they must disclose this to potential tenants.

Security Deposit Rules in California

California has specific regulations governing security deposits that must be followed:

Security Deposit Limits

Unfurnished rentals: Maximum of 2 months' rent
Furnished rentals: Maximum of 3 months' rent
Waterbed rentals: Can add additional ½ month's rent
No non-refundable deposits allowed: All security deposits must be refundable
Pet deposits: Included in the maximum limit (not additional)
Last month's rent: Considered part of the security deposit

Security Deposit Return Rules

21-day return deadline: Must return deposit within 21 days of move-out
Itemized statement: Must provide detailed list of any deductions
Receipts required: For deductions over $126, receipts must be provided
Normal wear and tear: Cannot deduct for ordinary wear and tear
Pre-move out inspection: Tenants have the right to request an inspection
Interest payments: Some cities require interest on deposits

Important: California law specifies stiff penalties for landlords who wrongfully withhold security deposits. Tenants can sue for up to twice the amount of the security deposit in damages (in small claims court) if the landlord acts in "bad faith."

California Rent Control and Tenant Protections

California has enacted significant tenant protections with the Tenant Protection Act of 2019 (AB 1482):

Statewide Rent Cap

Annual limit: 5% plus local CPI (not to exceed 10%)
Applies to: Most properties at least 15 years old
Exemptions: Single-family homes not owned by corporations, duplexes where the owner lives in one unit, newer buildings
Local ordinances: Stricter local rent control ordinances take precedence
Vacancy decontrol: Can set new rent upon vacancy

Just Cause Eviction Protection

After 12 months: Landlords need "just cause" to evict
At-fault reasons: Nonpayment, lease violation, criminal activity, etc.
No-fault reasons: Owner move-in, substantial remodeling, etc.
Relocation assistance: Required for no-fault evictions (one month's rent)
Disclosure required: Lease must inform tenants of these protections

Note: Many California cities have local rent control and just cause eviction ordinances that may provide stronger protections than state law. Check your local city or county regulations for specific requirements.

Additional California-Specific Lease Provisions

Repair and Deduct Rights

California tenants can repair serious defects themselves and deduct the cost from rent if:

The issue affects habitability (heat, water, electricity, etc.)
The tenant has given the landlord reasonable time to fix it
The repair costs no more than one month's rent
This remedy isn't used more than twice in any 12-month period

Abandonment of Lease

California defines abandonment as when:

Rent is unpaid for 14 consecutive days
The landlord has reasonable belief the tenant has vacated
The tenant has removed a substantial portion of belongings

Landlords must follow specific notification procedures before reclaiming the unit.

Notice Requirements

Termination (month-to-month):
- 30 days if tenancy less than 1 year
- 60 days if tenancy 1 year or more
- 90 days for certain subsidized housing
Rent increase:
- 30 days for increases under 10%
- 90 days for increases of 10% or more
Landlord entry: 24 hours written notice (except emergencies)

Domestic Violence Protections

California provides special protections for victims of domestic violence, sexual assault, stalking, human trafficking, or elder/dependent adult abuse:

Right to terminate lease with 14 days' notice
Required documentation (restraining order, police report, etc.)
Protection from discrimination based on victim status
Right to change locks

Frequently Asked Questions - California Leases

Yes, many California cities have local ordinances that may be more restrictive than state law. Notable examples include:

Los Angeles: Has rent stabilization ordinance (RSO) for buildings built before Oct 1978, stricter just cause requirements, and special provisions for security deposit interest.
San Francisco: Has extensive rent control, eviction controls, and the Community Opportunity to Purchase Act (COPA).
Berkeley and Oakland: Have rent control, just cause requirements, and tenant protection ordinances.
San Jose: Has rent stabilization for certain buildings, tenant protection ordinance, and just cause provisions.
Santa Monica: Has strict rent control and tenant protections.

Always check your local city or county website for specific regulations that may apply to your rental property.

California's implied warranty of habitability requires rental units to meet specific standards, including:

Effective waterproofing/weather protection of roof and exterior walls
Plumbing and gas facilities in good working order
Hot and cold running water connected to a sewage disposal system
Heating facilities in good working order
Electrical lighting and wiring maintained in good working order
Building, grounds, and appurtenances clean, sanitary, and free from debris
Adequate trash receptacles
Floors, stairways, and railings maintained in good repair
Working toilet, bathroom, and kitchen sink
Working smoke detectors and carbon monoxide detectors
Dead bolt locks on certain entry doors
Working telephone jack and phone wiring

These requirements cannot be waived, even if the tenant agrees. If a unit lacks these features, the tenant may have various remedies including repair and deduct, rent withholding, abandonment, or lawsuit.

For properties covered by the Tenant Protection Act (AB 1482), rent increases are capped at 5% plus CPI, not to exceed 10% annually. For rent increases:

Fixed-term leases: Rent generally cannot be increased during the lease term unless the lease specifically allows it.
Month-to-month tenancies: Landlords can increase rent with proper notice:
- 30 days' written notice for increases less than 10%
- 90 days' written notice for increases of 10% or more
Notice requirements: Must be in writing and properly served (personal delivery, substituted service, or postal service with additional copy by mail).
Local ordinances: Cities with rent control may have stricter requirements for the timing, amount, and frequency of rent increases. Always check local regulations.

Rent cannot be raised as retaliation or discrimination, and rent increases may be invalid if the unit has serious habitability defects.

California has enacted several laws affecting tenant screening:

Source of income protection: Landlords cannot reject tenants solely based on their use of Section 8 vouchers or other rental assistance programs.
Credit checks: Landlords must:
- Notify applicants if credit information might be used
- Provide notice if credit history is a basis for denial
- Limit application fees to actual screening costs (capped at $59.67 for 2023, adjusted annually)
Criminal history: Many cities (including San Francisco, Oakland, Berkeley) have "Fair Chance" ordinances limiting the use of criminal background checks.
Prohibited discrimination: Cannot discriminate based on race, religion, national origin, color, sex, familial status, disability, sexual orientation, gender identity, marital status, source of income, immigration status, citizenship, primary language, or arbitrary characteristics.
COVID-19 evictions: Cannot use evictions related to COVID-19 financial hardship as a basis for denial in many cases.

Landlords should maintain consistent, written screening criteria applied equally to all applicants and document the screening process carefully.

Right to sublet: Landlords cannot unreasonably deny sublet requests if the lease doesn't prohibit it.
Waterbed rights: Landlords with 10+ units cannot prohibit waterbeds completely, though they can require increased security deposits and waterbed insurance.
Political signs: Tenants can display political signs of reasonable dimensions.
Satellite dishes: Generally allowed in exclusive areas under tenant control.
Clotheslines/drying racks: Landlords cannot prohibit use in tenant's private outdoor areas.
Military personnel early termination: Deployment or PCS orders allow lease termination.
Right to receive visitors: Recognized tenant right (within reasonable limitations).
Rent payment grace period: If rent is due on a weekend/holiday, payment on next business day is timely.
Rent receipts: Must be provided if tenant pays in cash or requests receipts.
Privacy protections: Specific rules for landlord entry, surveillance, and information disclosure.