California Residential Lease Agreement
California caps security deposits at one month's rent (two for small landlords) with a 21-day return deadline. Free to create. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property: the rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy ends. In California the person renting out the unit is the landlord (or lessor) and the person renting it is the tenant (or lessee). California caps a standard security deposit at one month's rent, though a small landlord, meaning a natural person or an LLC made up only of natural-person members who own no more than two rental properties totaling no more than four units, may collect up to two months' rent (Cal. Civ. Code Section 1950.5). The landlord must return the deposit, or a written itemized statement of any deductions, no later than 21 calendar days after the tenant moves out. Every lease for housing built before 1978 must include the federal Lead-Based Paint disclosure, and California law addresses additional disclosures covering the Megan's Law database, bed bugs, mold, and flood hazard areas for qualifying units. A landlord must give reasonable written notice before entering, with 24 hours presumed reasonable under Cal. Civ. Code Section 1954. The statewide Tenant Protection Act of 2019 (AB 1482) caps most annual rent increases and adds just-cause eviction protection after 12 months of occupancy (Cal. Civ. Code Sections 1946.2, 1947.12). Attorney review is available as an option before signing.
Key Things to Know
- 1
A residential lease agreement is a contract that sets the rent, term, deposit, and responsibilities for renting a home, and spells out how the tenancy can end.
- 2
The security deposit cap is one month's rent for most landlords, or up to two months' rent for a small landlord (a natural person, or an LLC of natural-person members, owning no more than two rental properties totaling no more than four units). The deposit or an itemized statement of deductions is due no later than 21 calendar days after the tenant vacates (Cal. Civ. Code Section 1950.5).
- 3
Required disclosures include the federal Lead-Based Paint pamphlet for pre-1978 housing. California law also addresses Megan's Law database, bed bug, mold, and flood hazard disclosures for qualifying leases; confirm the current statutory wording before relying on it.
- 4
A landlord must give reasonable written notice before entering, stating the date, approximate time, and purpose. Twenty-four hours' written notice is presumed reasonable (Cal. Civ. Code Section 1954).
- 5
California sets no statutory late-fee cap and no mandated grace period. Any late fee charged must be a reasonable estimate of the landlord's actual damages under the liquidated-damages rule of Cal. Civ. Code Section 1671, not a punitive flat charge.
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Ending a month-to-month tenancy takes 60 days' notice from the landlord if the tenant has lived there a year or more, or 30 days' if less (tenant notice is always at least 30 days). A rent increase needs at least 30 days' notice for a raise of 10% or less over the trailing 12 months, or 90 days' for a larger raise (Cal. Civ. Code Sections 1946.1, 827).
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The statewide Tenant Protection Act of 2019 (AB 1482) caps most annual rent increases at the lower of 5% plus the regional cost-of-living change or 10%, and after 12 months' occupancy requires just cause to terminate a covered tenancy. Some single-family homes, condos, and older units are exempt (Cal. Civ. Code Sections 1946.2, 1947.12).
Key decisions before you file
Before you file a Residential Lease Agreement in California, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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California Requirements for Residential Lease Agreement
A landlord may charge a security deposit of up to one month's rent. A small landlord, meaning a natural person, or an LLC whose members are all natural persons, who owns no more than two residential rental properties totaling no more than four dwelling units, may charge up to two months' rent (Cal. Civ. Code Section 1950.5).
No later than 21 calendar days after the tenant vacates, the landlord must return the security deposit and/or furnish a written itemized statement showing the basis and amount of any deductions for unpaid rent, repair of tenant-caused damage beyond ordinary wear and tear, or cleaning (Cal. Civ. Code Section 1950.5).
For any unit built before 1978, the landlord must provide the federal Lead-Based Paint disclosure form and EPA pamphlet before the tenant signs the lease (42 U.S.C. Section 4852d).
California law also addresses disclosures covering the Megan's Law sex-offender database, bed bug information, mold conditions, and flood hazard areas for qualifying leases. Confirm the current statutory wording for each with the current text of the Civil Code and Health and Safety Code before relying on it, since these provisions are periodically amended.
A landlord must give reasonable written notice before entering the premises, stating the date, approximate time, and purpose, and may enter only during normal business hours. Twenty-four hours' written notice is presumed reasonable absent evidence otherwise (Cal. Civ. Code Section 1954).
California sets no statutory dollar or percentage cap on a late fee and no mandated grace period. Any late fee charged must be a reasonable estimate of the landlord's actual damages from the late payment under the liquidated-damages rule of Cal. Civ. Code Section 1671, not a punitive flat charge.
Ending a month-to-month tenancy requires at least 60 days' notice from the landlord if the tenant has resided there one year or more, or 30 days' if less (tenant notice is always at least 30 days) (Cal. Civ. Code Section 1946.1). A rent increase of 10% or less over the trailing 12 months requires at least 30 days' notice; a larger increase requires at least 90 days' notice (Cal. Civ. Code Section 827).
Unless the unit is exempt, the Tenant Protection Act of 2019 (AB 1482) caps most annual rent increases at the lower of 5% plus the regional cost-of-living change or 10%, and after 12 months' occupancy limits termination to an enumerated just cause (Cal. Civ. Code Sections 1946.2, 1947.12). The lease must also name the person authorized to manage the premises and receive notices and legal process for the landlord (Cal. Civ. Code Section 1962).
Frequently Asked Questions
A California lease should identify the landlord and tenant, the rental address, the rent amount and due date, the term, and the security deposit amount. It should state the deposit cap and 21-day return deadline under Cal. Civ. Code Section 1950.5, the landlord's entry-notice practice, and any required disclosures, including the federal Lead-Based Paint pamphlet for pre-1978 housing. It should also name the person authorized to receive notices and legal process for the landlord (Cal. Civ. Code Section 1962).
Up to one month's rent for most landlords. A small landlord, meaning a natural person, or an LLC whose members are all natural persons, who owns no more than two residential rental properties totaling no more than four dwelling units, may charge up to two months' rent (Cal. Civ. Code Section 1950.5). The landlord must return the deposit, or an itemized statement of deductions, within 21 calendar days after the tenant vacates.
Yes. You can generate a customizable California lease template at no cost, filling in the parties, property, rent, term, and deposit details. Attorney review is available afterward as an option if you want a licensed attorney to check the finished document before you sign.
No. A residential lease in California does not need to be notarized or witnessed to be valid. It becomes binding once landlord and tenant sign it. Notarization is used for documents like deeds, not for ordinary leases.
Generally no. A landlord must give reasonable written notice stating the date, approximate time, and purpose of entry, and enter only during normal business hours, with 24 hours presumed reasonable absent evidence otherwise (Cal. Civ. Code Section 1954). California law recognizes limited exceptions, such as genuine emergencies.
Every lease for housing built before 1978 must include the federal Lead-Based Paint disclosure and pamphlet (42 U.S.C. Section 4852d). California law also addresses disclosures on the Megan's Law sex-offender database, bed bug information, mold conditions, and flood hazard areas for qualifying units; verify the current statutory language for each before use, since these provisions are updated by the legislature.
A month-to-month tenancy renews automatically each rent period until either side ends it. A landlord must give at least 60 days' written notice if the tenant has lived there a year or more, or 30 days' if less than a year; a tenant must give the landlord at least 30 days' notice (Cal. Civ. Code Section 1946.1). If the unit is covered by the statewide Tenant Protection Act (AB 1482), the landlord may also need just cause to end the tenancy after 12 months' occupancy.
California sets no statutory dollar or percentage cap on late fees and no mandated grace period before rent is late. Under the liquidated-damages rule of Cal. Civ. Code Section 1671, any late fee must be a reasonable estimate of the landlord's actual damages from the late payment rather than a punitive flat penalty, so an excessive flat fee can be challenged.