California Lease Agreement Templates (6)
A California lease agreement is a legally binding contract between a landlord wanting to rent all (or a portion of) their property and a tenant. In the document, written according to the state’s landlord-tenant law, the tenant agrees to the terms and conditions, including payment of the monthly rent and other fees, along with other rental rules and requirements.
Rental Lease Laws Overview
- Rent Control: Yes.
- Limit on Late Fees: Late fees must be reasonable.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: No.
Before entering a lease, landlords use a rental application to screen potential tenants.
By Type (6)
Standard Lease Agreement
Legally binds a landlord and tenant to a fixed-term rental arrangement.
Month-to-Month Rental Agreement
Automatically renews on a monthly basis, allowing either party to terminate with proper notice.
Commercial Lease Agreement
Enables a business to rent office or retail spaces.
Room Rental Agreement
Allows a principal tenant to rent an individual room on their leased property to another tenant.
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Sublease Agreement
Allows a tenant to rent all or part of their leased property to another party, while retaining responsibility to the original landlord.
Rent-to-Own Lease Agreement
Provides tenants an exclusive option to purchase a property at a predetermined price.
Required Lease Disclosures
California imposes specific requirements for landlords and tenants when executing a lease agreement. For example, the state’s Civil Code outlines the following disclosures: [1]
- Disclosure of Lead-Based Hazards. All landlords of any building constructed before 1978 must notify all tenants of the potential existence of lead-based hazards. [2]
- Bed Bug Addendum. Landlords need to provide specific information about bed bugs. [3]
- Disclosure of Mold. A written disclosure of all mold a landlord knows of or should reasonably know of, along with a handbook provided by the State Department of Health Services, must be presented to all tenants. [4][5]
- Disclosure of Flood Hazard Area. Needed if the property is in a flood zone. [6]
- Pool and Hot Tub Notice (for the use of a jacuzzi or pool on the property).
- Carbon Monoxide Detector Addendum. The landlord must maintain carbon monoxide devices, and a tenant must be made aware that they have a responsibility to notify the landlord of any defects with those devices immediately. [7]
- Disclosure of Asbestos. For buildings built before 1979, the owner must notify all tenants of any asbestos-containing materials on the premises. [8]
- Notice of Illegal Substance Contamination. It contains a notification of any prior contamination caused by the production of methamphetamine on the property, and all prospective tenants must sign and acknowledge that. [9]
- Disclosure of Shared Utilities. The landlord must notify tenants whether the electric or gas utility company services other areas of the house and ensure a fair allocation of the costs amongst all tenants. [10] In San Francisco, landlords are legally required to provide a heating system that can sustain a temperature of at least 68 degrees Fahrenheit for at least 13 hours, between 5–11 AM and 3–10 PM. [11]
- Notice of Death in Rental Unit. Tenants must be notified of any unnatural death in a unit within the last three years. [12]
- Disclosure of Ordnance Location. A written notice of the prior existence of a military training facility in the neighborhood that may still contain explosive munitions. [13]
- Notice of Intent to Demolish. Before applying for a permit to demolish a residential property, a landlord must notify current and prospective tenants of the earliest possible date that the building is scheduled to be demolished. [14]
- Notice of Foreclosure. A landlord must disclose whenever their residential property has entered the foreclosure process. [15]
- Notice of Pest Control / Periodic Pest Control Service. Must describe any known or reasonably identifiable pests, past and current pest control contracts, and the contact information of a pest control company. [16][17]
- AB 1482 Just Cause and Rent Limit Addendum. Limits the yearly rent increase and requires landlords to have a just cause when terminating a tenancy.
- Megan’s Law Notice. Refers to the rights of the tenants to access the sex offender registry. Landlords must specifically include a provision in the lease directing the tenant to the website maintained by the Department of Justice, www.meganslaw.ca.gov. [18]
- Move-In/Move-Out Inspection Checklist. Ensures that both the landlord and tenant acknowledge and agree on the condition of each aspect of a rental unit before moving in and moving out.
- Pet Addendum. The landlord grants the tenant permission to have a pet in the rental unit.
- Satellite Dish & Antenna Addendum. Allows tenants to install a satellite dish on the property. [19]
- Smoking Policy Disclosure. Landlords must provide a clause describing prohibited and limited smoking areas for rental agreements signed after January 1, 2012. [20]
Security Deposit
- Maximum Amount: For unfurnished premises, security deposits must not exceed two months’ rent, while furnished premises allow for up to three months’ rent to be requested by a landlord. [21][22]
- Receipts: Not specified.
- Interest Payments: Not required, but local laws may vary.
- Bank Account: Not required.
- Returning Requirements: The landlord must return the security deposit to the tenant within 21 days of termination of the lease agreement. [23]
- Withholding Rules: Landlords may withhold security deposits for unpaid rent or excessive damage and must provide itemized repair lists for deductions.
Rent Payments
- Laws: Rent is expected on the date mentioned in the lease agreement.
- Rent Control: California limits annual rent increases to a maximum of 5% plus inflation or 10% of the previous year’s lowest rent. [24] This statewide rent control applies until 2030 but does not supersede existing city ordinances.
- Late Fees and Grace Period: Landlords may charge reasonable late fees outlined in the lease. [25] Los Angeles County suggests a maximum of 5% of monthly rent. No grace period is required, and landlords can issue a 3-day notice to quit for late rent. Failure to comply may initiate eviction proceedings.
- Withholding Rent: Tenants may deduct up to one month’s rent for landlord-caused uninhabitable conditions. [26] For severe health and safety risks, tenants can withhold rent until repairs are made.
Landlord Right of Entry
